The Palm Paper Mill Generating Station Order 2016

JurisdictionUK Non-devolved
CitationSI 2016/166
Year2016

2016 No. 166

Infrastructure Planning

The Palm Paper Mill Generating Station Order 2016

Made 11th February 2016

Coming into force 12th February 2016

An application under section 37 of the Planning Act 20081(the “2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by a single appointed person who has made a report to the Secretary of State under section 83(1) of the 2008 Act.

The Secretary of State has 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 20092and 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 an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers in section 114 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 Palm Paper Mill Generating Station Order 2016 and comes into force on 12th February 2016.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 of the Planning Act 2008;

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

“environmental statement” means the document certified by the Secretary of State as the environmental statement under article 13 (certification of plans, etc.);

“highway” and “highway authority” have the same meaning as in the Highways Act 19803;

“land plan and site location plan” means the plan certified by the Secretary of State as the land plan and site location plan under article 13;

“maintain” includes, to the extent assessed in the environmental statement, inspect, repair and adjust the authorised development; and any derivative of “maintain” must be construed accordingly;

“Order limits” means the limits shown on the land plan and site location plan and the site layout and works plan;

“relevant planning authority” means the Borough Council of King’s Lynn and West Norfolk;

“Requirement” means a Requirement set out in Schedule 2 (Requirements); and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of that Schedule with the same number;

“site layout and works plan” means the plan certified by the Secretary of State as the site layout and works plan under article 13;

“undertaker” means, subject to article 7(2) (consent to transfer benefit of Order), Palm Paper Limited4(company number 00813701).

(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 must be taken to be measured along that work.

(4) In this Order, “include” must be construed without limitation.

(5) References in this Order to any statutory body include that body’s successor bodies having jurisdiction over the authorised development.

S-3 Development consent granted by Order, etc.

Development consent granted by Order, etc.

3.—(1) Subject to the provisions of this Order and to the Requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2) Schedule 2 (which contains the Requirements) has effect.

S-4 Procedure in relation to certain approvals, etc. under Requirements

Procedure in relation to certain approvals, etc. under Requirements

4.—(1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a Requirement, the following provisions, so far as they relate to a consent, agreement or approval of a local planning authority, apply as if the Requirement were a condition imposed on a grant of planning permission—

(a)

(a) sections 78 and 79 of the Town and Country Planning Act 19905(right of appeal in relation to planning decisions);

(b)

(b) any orders, rules or regulations that 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,

insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 or any orders, rules or regulations made under the Planning Act 2008.

(2) For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission insofar as it provides in relation to—

(a)

(a) an application for such a consent, agreement or approval;

(b)

(b) the grant or refusal of such an application; or

(c)

(c) a failure to give notice of a decision on such an application.

S-5 Maintenance of authorised development

Maintenance of authorised development

5. The undertaker may, at any time and to the extent assessed in the environmental statement, maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

S-6 Operation of generating station

Operation of generating station

6.—(1) The undertaker may operate the generating station for which development consent is granted by this Order.

(2) Where Palm Paper Limited has the benefit of this article, either Palm Paper Limited or Palm Power Limited6(company number 07899303) may operate the generating station.

(3) This article does not relieve the undertaker or Palm Power Limited of any requirement to obtain a permit or licence under any legislation that may be required to authorise the operation of a generating station.

S-7 Consent to transfer benefit of Order

Consent to transfer benefit of Order

7.—(1) The undertaker may, with the consent of the Secretary of State,—

(a)

(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)

(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 agreed between the undertaker and the lessee.

(2) Where a transfer or grant is made under paragraph (1), references in this Order to the undertaker, except in paragraph (3), include references to the transferee or lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with a transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

S-8 Defence to proceedings in respect of statutory nuisance

Defence to proceedings in respect of statutory nuisance

8.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 19907(summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within section 79(1) (c), (d), (e), (fb), (g), (ga) or (h) of that Act (statutory nuisances and inspections therefor), no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a)

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 19748;

(b)

(b) is a consequence of the construction or maintenance of the authorised development and cannot reasonably be avoided;

(c)

(c) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and is attributable to the authorised development which being used in accordance with the scheme for noise management approved by the relevant planning authority under Requirement 13; or

(d)

(d) is a consequence of the use of the authorised development and cannot reasonably be avoided.

(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where a consent given under that section relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

S-9 Access to works

Access to works

9. The undertaker may, for the purposes of the authorised development, with the approval of the relevant planning authority, form and lay out such means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

S-10 Discharge of water

Discharge of water

10.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making...

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