The North Killingholme (Generating Station) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/2434

2014No. 2434

INFRASTRUCTURE PLANNING

The North Killingholme (Generating Station) Order 2014

11thSeptember2014

2ndOctober2014

The undertaker has applied to the Secretary of State for an order granting development consent in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 1);

The application was examined by an Examining authority appointed by the Secretary of State under Part 4 of the Planning Act 2008 (the "Act")( 2) and the Infrastructure Planning (Examination Procedure) Rules 2010( 3);

The Examining authority, having considered the application with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;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 Examining authority, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make substantial change to the proposals;

The Secretary of State has decided to grant development consent and, under sections 114, 115, 120 and 149A of the 2008 Act, to make the following Order-

Citation and commencement

1. This Order may be cited as the North Killingholme (Generating Station) Order 2014 and shall come into force on 2nd October 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 1990 Act" means the Town and Country Planning Act 1990( 7);

"the 1991 Act" means the New Roads and Street Works Act 1991( 8);

"the 2008 Act" means the Planning Act 2008;

"authorised development" means the development described in Part 1 of Schedule 1 and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;

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

"commence", unless otherwise provided, means beginning to carry out any material operation (as defined in Section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and "commencement" shall be construed accordingly;

"compulsory acquisition notice" means a notice served in accordance with section 134 of the 2008 Act;

"environmental statement" means the environmental statement certified by the Secretary of State for the purposes of the Order;

"footpath diversion zone" means the area or areas of land marked as such on the land plans;

"highway" and "highway authority" have the same meaning as in the 1980 Act;

"land plans" means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

"limits of deviation" means the limits of deviation for the scheduled works shown on the works plans;

"maintain" includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct any part (but not the whole), decommission, replacement of any part (but not the whole) and improve, but not so as to vary from the description of the authorised development in Schedule 1 and only to the extent assessed in the environmental statement, and "maintenance" shall be construed accordingly;

"Order land" means the land shown on the land plans within the Order limits which is land over which it is proposed to exercise powers of compulsory acquisition or any right to use land, and land subject to powers to extinguish, suspend or interfere with easements, servitudes or other private rights described in the book of reference;

"Order limits" means the limits shown on the land and works plans within which the authorised development may be carried out and land acquired or used;

"owner", in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( 9);

"public sewer or drain" means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker;

"relevant planning authority" means North Lincolnshire Council;

"requirements" means those matters set out in Part 3 of Schedule 1 to this Order;

"scheduled works" means the numbered works specified in Schedule 1 to this Order, or any part of them;

"statutory undertaker" means any person falling within section 127(8) 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;

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

"undertaker" means C.GEN Killingholme Limited, which is the named undertaker, or any other person who has the benefit of this Order in accordance with article 6;

"watercourse", unless otherwise provided, 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 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.

(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 plots of land are to plots identified on the land plans and in the book of reference.

Development consent etc. granted by the Order

3. (1) Subject to the provisions of this Order, the undertaker is granted development consent for the authorised development to be carried out within the Order limits, and Schedule 1 (authorised development) has effect for that purpose.

(2) For the purposes of the authorised development, development consent granted by this Order shall include and permit the alteration, removal, clearance, refurbishment, reconstruction, decommissioning and demolition of any buildings or other structures within the Order limits to the extent that they relate to, are required by, or are incidental to the carrying out of the authorised development.

(3) The development authorised by this Order shall be constructed in the lines or situations shown on the land plans and works plans.

(4) The scheduled works shall be constructed within the limits of deviation.

(5) In constructing the scheduled works, the undertaker may-

(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation; and(b) deviate vertically to any extent downwards and (except in the case of maintaining) no more than 5 metres upwards from the heights specified in Part 2 of Schedule 1 for each building comprised in the authorised development and shown on the works plans as may be necessary, convenient or expedient.

(6) The main stack comprised in Work No. 1 and shown on the works plans shall not be constructed so as to be lower than 85 metres above ordnance datum and the flare stack comprised in Work No. 2b shall not be constructed so as to be lower than 140 metres above ordnance datum.

(7) The pipe conveyor comprised in Work No. 6b shall not be constructed above 21 metres above ordnance datum except in the locations shown on drawing 2.28 Conveyor Section in the works plans.

Maintenance, decommissioning and demolition of authorised development

4. (1) The undertaker may at any time maintain the authorised development, except to the extent that the other provisions of this Order, the requirements or an agreement made under this Order provide otherwise.

(2) Subject to paragraph (3)and the requirements, the power to maintain the authorised development includes the power to carry out and maintain any of the following as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction or operation of the authorised development namely-

(a) works to alter the position of apparatus below ground level including main sewers drains and cables, including below ground structures associated with that apparatus within the Order limits; and(b) works of decommissioning and demolition.

(3) This article only authorises the carrying out of maintenance, demolition and decommissioning of works within the Order limits.

Operation of generating station

5. (1) The undertaker is authorised to operate the generating station comprised in the authorised development.

(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 to authorise the operation of a generating station.

(3) Subject to the provisions of requirement 38the generating station may be fired by natural gas or by solid fuels treated in the gasification facility comprised in Work No. 2a.

Benefit of the Order

6. (1) Subject to paragraph (2)the provisions of articles 9 to 11, 14to 27and 31shall have effect only for the named undertaker and a person who is a transferee or lessee as defined in this article.

(2) The named undertaker may, with the consent of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT