The Rookery South (Resource Recovery Facility) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/680 |
2013 No. 680
Infrastructure Planning, England
The Rookery South (Resource Recovery Facility) Order 2011
Made 22th November 2011
Laid before Parliament 29th November 2011
Coming into force 28th February 2013
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order granting development consent;
The application was examined by a Panel appointed by the Chair of the Infrastructure Planning Commission pursuant to Chapter 4 of Part 6 of the Planning Act 20082(“the 2008 Act”);
The Panel, having considered the representations made and not withdrawn and the application with the documents that accompanied the application, in accordance with section 104 of the 2008 Act has determined to make an Order giving effect to the proposals comprised in the application with modifications which in its opinion do not make any substantial change in the proposals;
The Panel has sent a draft of the Order to the Secretary of State in accordance with subsection (2) of section 121 of the 2008 Act and the Secretary of State has not given a direction under subsection (3) of that section;
The Order authorises the compulsory acquisition of land which is the property of local authorities and of land which has been acquired by statutory undertakers for the purposes of their undertaking, representations have been made by the local authorities and statutory undertakers concerned about the application for the Order before the completion of the examination of the application, and the representations have not been withdrawn;
The Order will not come into force until it has been laid before Parliament and has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 19653;
Accordingly, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, the Infrastructure Planning Commission makes the following Order:
Citation
1. This Order may be cited as the Rookery South (Resource Recovery Facility) Order 2011.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1990 Act” means the Town and Country Planning Act 19907;
“the 1991 Act” means the New Roads and Street Works Act 19918;
“the 2008 Act” means the Planning Act 2008;
“the authorised development” means the development and associated 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;
“the book of reference” means the book of reference certified by the decision-maker 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;
“the code of construction practice” means the code of construction practice certified by the decision-maker as the code of practice for the purposes of this Order;
“commence” means begin 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, or the temporary display of site notices or advertisements and “commencement” is to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the decision-maker” has the same meaning as in section 103 of the 2008 Act;
“the design and access statement” means the design and access statement certified by the decision-maker as the design and access statement for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plans” means the plans certified as the land plans by the decision-maker for the purposes of this Order;
“limits of deviation” means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plans;
“local highway authority” has the same meaning as in section 329(1) of the 1990 Act;
“maintain” includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve and “maintenance” is to be construed accordingly;
“the 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 Order limits plan and works plans within which the authorised development may be carried out;
“the Order limits plan” means the plan certified as the Order limits plan by the decision-maker for the purposes of this Order;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 19819;
“the relevant planning authority” means Central Bedfordshire Council in relation to land in its area and Bedford Borough Council in relation to land in its area, and “the relevant planning authorities” means both of them;
“requirement” means a requirement set out in Part 2 of Schedule 1;
“the rights of way plan” means the plan certified as the rights of way plan by the decision-maker for the purposes of this Order;
“the scheduled works” means the works specified in Part 1 of Schedule 1, or any part of them as the same may be varied pursuant to article 3;
“the sections” means the sections certified as the sections by the decision-maker 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;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“the undertaker” means, in relation to any provision of this Order, Covanta Rookery South Limited and any other person who has the benefit of that provision in accordance with article 7 or section 156 of the 2008 Act;
“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 also includes the water body or water bodies contained in Rookery North Pit, Stewartby; and
“the works plans” means the plans certified as the works plans by the decision-maker for the purposes of this Order.
(2) References in this Order to a numbered Work are references to the Work so numbered in Part 1 of Schedule 1.
(3) 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.
(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.
Development consent etc. granted by the Order
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) The authorised development may be constructed in the lines or situations shown on the works plans and, subject to the provisions of the requirements, in accordance with the drawings specified in the requirements.
(3) The works comprised in the authorised development may be constructed within the limits of deviation.
(4) In constructing or maintaining the scheduled works, the undertaker may—
(a)
(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation; and
(b)
(b) deviate vertically from the levels shown for those works on the sections to any such extent downwards as may be necessary, convenient or expedient provided that the stack shall not be lower in height than 135.25 metres above ordnance datum.
(5) Nothing in this Order or the Town and Country Planning (General Permitted Development) (England and Wales) Order 199510in its application to the authorised development permits─
(a)
(a) development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the 1990 Act or any requirement otherwise than where expressly authorised by either Order;
(b)
(b) any part of Work No. 1 (other than the stack comprised in that work) to exceed the height of the building shown on the plans listed in requirement 6.
Procedure in relation to approvals etc. under requirements
4.—(1) Where an application is made to the relevant planning authorities or either of them for any consent, agreement or approval required by a requirement, the following provisions apply, so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission, as if the requirement was a condition imposed on the grant of planning permission—
(a)
(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);
(b)
(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...
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