The North Blyth Biomass Power Station Order 2013
|Document Number:||2013 No. 1873|
|Coming into force:||Coming into force on the 15/08/2013|
Infrastructure Planning, England
24 th July 2013
Coming into force
15 th August 2013
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(1) for an Order under sections 37 , 114 , 115 , 120 and 149(A) 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(3) and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010(4).
The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.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 , 120 and 149 A of the 2008 Act, makes the following Order:
Citation and commencement
This Order may be cited as the North Blyth Biomass Power Station Order 2013 and shall come into force on 15 th August 2013.
—(1) Except for Schedule 4 , which is subject to the definitions provided in that Schedule, in this Order—
“the 1961 Act” means the Land Compensation Act 1961(5);
“the 1965 Act” means the Compulsory Purchase Act 1965(6);
“the 1980 Act” means the Highways Act 1980(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(10);
“the 2009 Act” means the Marine and Coastal Access Act 2009(11);
“the authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, 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;
“carriageway”, “highway” and “highway authority” have the same meanings as in the 1980 Act;
“Commission” means the Blyth Harbour Commission;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the deemed Marine Licence” means the marine licence set out in Schedule 4 and deemed by article 27 to have been granted under Part 4 of the 2009 Act, by virtue of section 149 A of the 2008 Act;
“design and access statement” means the design and access statement certified by the Secretary of State as the design and access statement for the purposes of this Order;
“elevations plan” means the elevations plan certified by the Secretary of State as the elevations plan for the purposes of this Order;
“the Environment Agency” means the body established under the Environment Act 1995(12) or any successor to its statutory functions;
“the environmental statement” means the environmental statement certified by the Secretary of State as the environmental statement for the purposes of this Order;
“the heat radiation contour plan” means the heat radiation contour plan certified by the Secretary of State as the heat radiation contour plan for the purposes of this Order;
“the land plan” means the land plan certified by the Secretary of State as the land plan for the purposes of this Order;
“maintain” includes inspect, maintain, and repair the authorised development; and “maintenance” shall be construed accordingly;
“massing plan” means the massing plan certified as such by the Secretary of State for the purposes of this Order;
“the Marine Management Organisation” or “MMO” means the body of that name created under the 2009 Act or any successor to its statutory functions;
“Order land” means the land shown on the land plan which is within the boundary of land required for or affected by the proposed development, and described in the book of reference;
“the Order limits” means the limits shown on the works plan 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(13);
“relevant planning authority” means Northumberland County Council as planning authority for the area in which the land to which the provisions of this Order apply is situated and any successor to its statutory function as planning authority for the area in which the authorised development is located;
“the Requirements” means the requirements set out in Schedule 2 (Requirements) to 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 III of the 1991 Act;
“the Tribunal” means the Lands Chamber of the Upper Tribunal;
“the undertaker” means, subject to article 7(2) of this Order, North Blyth Energy Limited (company number 7595351);
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;
“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 plan” means the works plan certified by the Secretary of State as the works plan 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.
(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) References in this Order to numbered Requirements are to the Requirements with those numbers in Schedule 2 (Requirements).
(5) References in this Order to numbered “Works” or “Work No(s).” are to the works of the authorised development with those numbers in Schedule 1 (authorised development) and shown on the works plan.
Development consent etc granted by the Order
—(1) Subject to the other terms of this Order, including the Requirements and the provisions and conditions of the deemed Marine Licence, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2) The authorised development may be constructed in the lines or situations shown on the works plan and, subject to the provisions of the Requirements, in accordance with the drawings specified in the Requirements.
(3) In constructing or maintaining Work Nos. 1(v) , 1(w) , 3 A to D, 4 , 5 and 9 the undertaker may deviate laterally from the lines or situations shown on the works plan within the limits of deviation.
Procedure in relation to approvals etc under the Requirements
Where an application is made to the relevant planning authority for any consent, agreement or approval required by any of the Requirements, the following provisions apply in respect of that application as they would apply if the consent, agreement or approval so required was required by a condition imposed on a grant of planning permission—
(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);
(b) any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission.
Maintenance of authorised development
(a) the other terms of this Order, including the Requirements and the provisions and conditions of the deemed Marine Licence; and
(b) any contrary provision in an agreement made under this Order,
the undertaker may at any time maintain the authorised development.
Operation of generating station
—(1) The undertaker is authorised to operate the generating station comprised in the authorised development for the purpose of generating electricity.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of a generating station.
Benefit of Order
—(1) Subject to the terms of this article, the provisions of this Order shall have effect solely for the benefit of the undertaker.
(2) Subject to paragraph (5) , the undertaker may with the consent of the Secretary of State—
(a) transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
(b) grant to another person (the “lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(3) Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4) , shall...
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