The North London Heat and Power Generating Station Order 2017

JurisdictionUK Non-devolved
CitationSI 2017/215

2017 No. 215

Infrastructure Planning

The North London Heat and Power Generating Station Order 2017

Made 24th February 2017

Coming into force 18th March 2017

An application has been made to the Secretary of State under section 37 of the Planning Act 20081(the “2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an Order under sections 114, 115 and 120 of the 2008 Act.

The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 20103.

The single appointed person, having considered the application with the documents that accompanied it and the representations made and not withdrawn, has submitted a report with a recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20094, and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application has determined to make this Order giving effect to the proposals comprised in the application on terms which in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State is satisfied that the special category land (as identified in the book of reference), when burdened with rights imposed by this Order, will be no less advantageous than it was before to persons in whom it is vested, other persons, if any, entitled to rights of common or other rights and the public, and that accordingly, section 132(3) of the 2008 Act applies.

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

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the North London Heat and Power Generating Station Order 2017 and comes into force on 18th March 2017.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1961 Act” means the Land Compensation Act 19615;

the 1965 Act” means the Compulsory Purchase Act 19656;

the 1980 Act” means the Highways Act 19807;

“the 1990 Act” means the Town and Country Planning Act 19908;

“the 1991 Act” means the New Roads and Street Works Act 19919;

“the 2008 Act” means the Planning Act 2008;

“Advent Way” means Advent Way, Edmonton, London N18 3AB;

“apparatus” includes pipes, conduits, wires, sewers, drains, tunnels, cables and associated above and below ground structures and any structure for the lodging of apparatus in or for gaining access to apparatus within the Order limits;

“Ardra Road” means Ardra Road, Edmonton, London N9 0BD;

“authorised development” means the 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;

“book of reference” means the document certified by the Secretary of State as the book of reference for the purposes of this Order under article 33 (certification of documents and plans);

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in section 329 of the 1980 Act;

“cctv” means closed-circuit television cameras and equipment, mounting poles and associated cables;

“code of construction practice” means the document certified by the Secretary of State as the code of construction practice for the purposes of this Order under article 33 (certification of documents and plans);

“commence” means begin to carry out any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of enabling works and the temporary display of site notices or advertisements for the purposes of the authorised development, to the extent that they do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement and “commencement” is to be construed accordingly;

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

“DCO Schedules 6-8 explanatory diagrams” means the explanatory diagrams relating to Schedule 6 (public rights of way to be temporarily suspended), Schedule 7 (public rights of way to be extinguished) and Schedule 8 (streets to be temporarily stopped up) certified by the Secretary of State for the purposes of this Order under article 33 (certification of documents and plans);

“design code principles” means the document certified by the Secretary of State as the design code principles for the purposes of this Order under article 33 (certification of documents and plans);

“discharging authority” means the relevant authority, body or person responsible under the provisions of this Order for approving, consenting or discharging any matter;

“Edmonton EcoPark” means the land at Edmonton EcoPark, Advent Way, London N18 3AG, the location of which is shown on drawing number A_0003 Rev 00 of the site location plans;

“electricity and heat generating station” means Works No. 1a;

“enabling works” includes surveying, land clearance, geological testing and sampling, environmental and hazardous substance testing and sampling (including the making of trial boreholes, window sampling and test pits in connection with such testing and sampling), soil tests, pegging out, tree protection, ecological survey and mitigation works, archaeological investigation, removal of minor and re-locatable buildings and structures (other than the works described in Works No. 7), creation of enabling works accesses (other than the creation of the new accesses to the north and east of the Edmonton EcoPark and the widening of the existing access to the south of the Edmonton EcoPark), and for works falling within this definition, the erection of fencing, hoarding or any other means of temporary enclosure, temporary facilities including re-locatable buildings, connections to utilities, and in all cases which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement;

“energy from waste facility” means all existing buildings, structures and plant comprising the existing generating station at the Edmonton EcoPark and includes the waste reception hall, bunkers, cranes, grate fired boilers, ash handling system, flue gas cleaning system, waste water treatment plant, chimney stack and flues, turbine hall and electrical system and water cooled condensers;

“environmental commitments and mitigation schedule” means the document certified by the Secretary of State as the environmental commitments and mitigation schedule for the purposes of this Order under article 33 (certification of documents and plans);

“environmental statement” means the document certified by the Secretary of State as the environmental statement for the purposes of this Order under article 33 (certification of documents and plans);

“full operation” means the period of the authorised development’s operation starting from the end of the transitional period;

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

“land clearance” means works to clear land of surface vegetation and to remove detritus;

“land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order under article 33 (certification of documents and plans);

“Lee Park Way” means Lee Park Way, Edmonton, London N18 3AB;

“maintain” includes to keep up, preserve, conserve, inspect, repair, landscape, plant and re-plant, adjust, alter, remove, clear, refurbish, reconstruct, replace and improve the authorised development, but not so as to vary from the description of the authorised development in Schedule 1 and provided it does not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and “maintenance” is to be construed accordingly;

“Meridian Way” means Meridian Way, Edmonton, London N9 0AR;

“National Grid” means National Grid Electricity Transmission Plc and National Grid Gas Distribution Limited, and their successors in title, assigns and any other person exercising their powers;

“operational site” means the area shown hatched green on drawing number A_0004 Rev 00 of the site location plans;

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

“Order limits” means the limits shown on the works plans 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 198110;

“relevant planning authority” means the London Borough of Enfield;

“Requirements” means the requirements set out in Schedule 2 (requirements); and a reference to a numbered Requirement is a reference to the requirement imposed by the corresponding numbered paragraph of that Schedule;

“stage” means a stage of construction of the authorised development as approved under Requirement 3 and excludes enabling works;

“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;

“temporary laydown area” means the land within plot numbers 16, 18, 19, 20...

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