The National Grid (North London Reinforcement Project) Order 2014

Publication Date:January 01, 2014
 
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2014No. 1052

INFRASTRUCTURE PLANNING

The National Grid (North London Reinforcement Project) Order 2014

16thApril2014

7thMay2014

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009( 1) for an Order under sections 114, 115 and 120 of the Planning Act 2008( 2) ("the 2008 Act");

The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act, and the examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010( 3);

The single appointed person, having considered the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State;

The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals;

The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order:

PART 1

PRELIMINARY

Citation and Commencement

1. This Order may be cited as the National Grid (North London Reinforcement Project) Order 2014 and shall come into force on 7th May 2014.

Interpretation

2. (1) In this Order-

"the 1961 Act" means the Land Compensation Act 1961( 4);

"the 1965 Act" means the Compulsory Purchase Act 1965( 5);

"the 1980 Act" means the Highways Act 1980( 6);

"the 1981 Act" means the Compulsory Purchase (Vesting Declarations) Act 1981( 7);

"the 1990 Act" means the Town and Country Planning Act 1990( 8);

"the 1991 Act" means the New Roads and Street Works Act 1991( 9);

"the 2008 Act" means the Planning Act 2008;

"the access/rights of way plans" means the plans submitted with the application (A1/PTD/6283/027 (rev D), A1/PTD/6283/93 (rev E), A1/PTD/6283/94 (rev D), A1/PTD/6283/95 (rev D), A1/PTD/6283/96 (rev D), A1/PTD/6283/97 (rev D), A1/PTD/6283/98 (rev D), A1/PTD/6283/99 (rev D), A1/PTD/6283/100 (rev D), A1/PTD/6283/101 (rev D) and A1/PTD/6283/102 (rev D) ) and certified as the access/rights of way plans by the Secretary of State for the purposes of this Order";

"authorised development" means the development and associated development described in Schedule 1 (authorised development) or any part thereof and any other development authorised by this Order or part thereof, which is development within the meaning of section 32 of the 2008 Act;

"the book of reference" means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

"building" includes any structure or erection or any part of a building, structure or erection;

"the canal" means the River Lee Navigation;

"carriageway" has the same meaning as in the 1980 Act;

"the design drawings and sections" means the drawings and sections submitted with the application (WALX4-00-N0-032 (rev C), WALX4-00-N0-033 (rev A), WALX4-00-N0-34 (rev B), WALX4-00-N0-35 (rev B), WALX4-00-N0-36 (rev B), BRIM4-00-N0-001 (rev A), BRIM4-00-N0-002 (rev C), BRIM4-00-N0-003 (rev B), PN/CSED/8106 (issue N), PN/CSED/8106 (issue M), BRIM4-00-N0-004 (rev C), PN/CSED/8107 (issue M), PN/CSED/8107 (issue H), PN/CSED/8111 (issue H) and PN/CSED/8172 (issue G)) and certified as the design drawings and sections by the Secretary of State for the purposes of this Order;

"electronic transmission" means communication transmitted-

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

"the environmental measures document" means the document approved and certified by the Secretary of State as the environmental measures document for the purposes of this Order;

"the environmental statement" means the statement submitted with the application and certified as the environmental statement by the Secretary of State for the purposes of this Order;

"highway" and "highway authority", except in Part 2 of Schedule 13, have the same meaning as in the 1980 Act;

"the land plans" means the plans submitted with the application (A1/PTD/6283/020 (rev D), A1/PTD/6283/12 (rev D), A1/PTD/6283/13 (rev E), A1/PTD/6283/14 (rev D), A1/PTD/6283/15 (rev D), A1/PTD/6283/16 (rev E), A1/PTD/6283/17 (rev D), A1/PTD/6283/18 (rev D), A1/PTD/6283/19 (rev E), A1/PTD/6283/22 (rev D), A1/PTD/6283/23 (rev D), A1/PTD/6283/136 (rev D), A1/PTD/6283/103 (rev D), A1/PTD/6283/104 (rev D), A1/PTD/6283/105 (rev D), A1/PTD/6283/106 (rev D), A1/PTD/6283/107 (rev D), A1/PTD/6283/108 (rev D), A1/PTD/6283/109 (rev D), A1/PTD/6283/110 (rev D), A1/PTD/6283/111 (rev D) and A1/PTD/6283/112 (rev D)) and certified as the land plans by the Secretary of State for the purposes of this Order;

"Lee Valley Regional Park and "Lee Valley Regional Park Authority" have the same meaning as in the Lee Valley Regional Park Act 1966( 10);

"limits of deviation" means the limits of deviation referred to in article 6 (limits of deviation);

"maintain" includes to inspect, repair, adjust, alter, remove, reconstruct and replace or relay, but not so as to vary from the description of the authorised development in Schedule 1 and any derivative of "maintain" shall be construed accordingly;

"Order land" means the land shown on the land plans which is within the Order limits and described in the book of reference;

"the Order limits" means the limits shown on the works plans as the limits within which the authorised development may be carried out;

"owner", in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( 11);

"relevant highway authority" means, in any provision of this Order, the highway authority for any area of land to which that provision relates;

"relevant local authority" means, in any provision of this Order, the local authority for any area of land to which that provision relates;

"relevant planning authority" means, in any provision of this Order, the local planning authority for any area of land to which that provision relates;

"relevant street authority" means, in any provision of this Order, the street authority for any area of land to which that provision relates;

"the replacement land" means the land identified as replacement land in the book of reference and on the special category land/replacement land plans;

"the sections" means the sections shown in the design drawings and sections;

"the special category land/replacement land plans" means the plans submitted with the application (A1/PTD/6283/137 (rev D), A1/PTD/6283/123 (rev D), A1/PTD/6283/124 (rev D), A1/PTD/6283/125 (rev D), A1/PTD/6283/126 (rev D), A1/PTD/6283/127 (rev D), A1/PTD/6283/128 (rev D), A1/PTD/6283/129 (rev D), A1/PTD/6283/130 (rev D), A1/PTD/6283/131 (rev D) and A1/PTD/6283/132 (rev D)) and certified as the special category land/replacement land plans by the Secretary of State for the purposes of this Order;

"statutory undertaker" means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act;

"street" means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

"street authority", in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

"traffic" has the same meaning as in section 329(1) of the 1980 Act;

"the tribunal" means the Lands Chamber of the Upper Tribunal;

"undertaker" means the person who has the benefit of this Order in accordance with article 7(1) (benefit of Order);

"watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

"the works plans" means the plans submitted with the application (A1/PTD/6283/021 (rev D), A1/PTD/6283/83 (rev D), A1/PTD/6283/84 (rev D), A1/PTD/6283/85 (rev D), A1/PTD/6283/86 (rev D), A1/PTD/6283/87 (rev D), A1/PTD/6283/88 (rev D), A1/PTD/6283/89 (rev D), A1/PTD/6283/90 (rev D), A1/PTD/6283/91 (rev D) and A1/PTD/6283/92 (rev D)) and certified as the works plans by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to restrictions over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work.

(4) All areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters, or numbers, shall be construed as references to points so lettered or numbered on the access/rights of way plans and references to pylons identified by letters and numbers shall be construed as references to pylons so lettered and numbered on the works plans.

(6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Application and modification of legislative provisions

3. Subject to the modifications set out in Schedule 10 the enactments for the time being in force with respect to compensation for compulsory purchase of land shall apply in the case of the compulsory acquisition under this Order of a right by the creation...

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