The South Hook Combined Heat and Power Plant Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2846 |
2014No. 2846
INFRASTRUCTURE PLANNING
The South Hook Combined Heat and Power Plant Order 2014
22ndOctober2014
23rdOctober2014
An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 1).
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 Planning Act 2008( 2) ("the 2008 Act"), and the Infrastructure Planning (Examination Procedure) Rules 2010( 3).
The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.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 and 120 of the 2008 Act, makes the following Order-
Citation and commencement
1. This Order may be cited as the South Hook Combined Heat and Power Plant Order 2014 and shall come into force on the day after the day on which it is made.
Interpretation
2. (1) In this Order-
"the 1961 Act" means the Land Compensation Act 1961( 4);
"the 1980 Act" means the Highways Act 1980( 5);
"the 1990 Act" means the Town and Country Planning Act 1990( 6);
"the 1991 Act" means the New Roads and Street Works Act 1991( 7);
"the 2008 Act" means the Planning Act 2008;
"authorised development" means the development described in Schedule 1 (authorised development) which is development within the meaning of section 32 of the 2008 Act;
"building" includes any structure or erection or any part of a building, structure or erection;
"CCS proposal" means a proposal for the capture, transport and storage of the target carbon dioxide, which identifies the proposed capture technology, transport route and storage location;
"current CCS proposal" means-
(a) the CCS proposal set out in the Feasibility Study and assessed as technically feasible by the Secretary of State, or(b) if a revised CCS proposal has been identified under Article 14(7), the proposal which has been most recently so identified;"commissioning" means the process of assuring that all systems and components of the authorised development are installed, tested, and operable in accordance with the design and operational requirements of the undertaker;
"design principles statement" means the design principles statement with reference number 1.22 (28th February 2014) and certified as the design principles statement by the Secretary of State for the purposes of this Order;
"draft CCP" means the draft code of construction practice with reference number 1.23 submitted with the application and certified as the draft CCP by the Secretary of State for the purposes of this Order;
"draft landscaping plan" means the draft landscaping plan with reference number 2.13 and certified as the draft landscaping plan by the Secretary of State for the purposes of this Order;
"the Environmental Permitting Regulations" means the Environmental Permitting (England and Wales) Regulations 2010( 8) as may be amended from time to time;
"environmental statement" means the environmental statement in three volumes and a non-technical summary with reference numbers 1.3.1 to 1.3.4 submitted with the application and certified as the environmental statement by the Secretary of State for the purposes of this Order;
"Feasibility Study" means the document entitled Carbon Capture Readiness Assessment with reference number 1.21 submitted with the application and certified as the Feasibility Study by the Secretary of State for the purposes of this Order;
"highway" and "highway authority" have the same meaning as in the 1980 Act;
"key buildings" means the key buildings and structures set out in the works plan (part B);
"the limits of deviation" means the limits of deviation for the electrical sub-station (HV switchgear indoor gas insulated building and compound) and the stack shown on the works plan (part B);
"Natural Resources Wales" means the Natural Resources Body for Wales;
"the Order limits" means the limits shown on the works plan (part A) within which the authorised development may be carried out;
"permanent works" means the authorised development within Work Nos. 1A, 2, 3A, 4, 5, 6, 7A and 10A and identified as permanent works in Schedule 1 (authorised development);
"the proposed site layout plan" means the proposed site layout plan with reference number 1.13C submitted with the application and certified as the proposed site layout plan by the Secretary of State for the purposes of this Order;
"relevant planning authority" means Pembrokeshire Coast National Park Authority in relation to land in its area and Pembrokeshire County Council in relation to land in its area and "the relevant planning authorities" means both of them;
"requirements" means those matters set out in Schedule 2 (requirements);
"the section drawing plan" means the section drawing plan with reference number 1.9 (Rev C) and certified as the section drawing plan by the Secretary of State for the purposes of this Order;
"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 works" means the authorised development within Work Nos. 1B, 3B, 7B, 8, 9, 10B and 11 and identified as temporary works in Schedule 1 (authorised development);
"transport assessment" means the transport assessment with reference number 1.19A submitted with the application and certified as the transport assessment by the Secretary of State for the purposes of this Order;
"undertaker" means South Hook CHP Limited (company number 8109296) or such alternative person as has the benefit of this Order under section 156(1) of the 2008 Act; and
"the works plans" means works plan (part A) with reference number 1.10A and works plan (part B) with reference number 1.10B (Rev B) and certified as the works plans by the Secretary of State for the purposes of this Order, and references in this Order to "works plan (part A)" or "works plan (part B)" must be construed accordingly.
(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.
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, and Schedule 1 (authorised development) and Schedule 2 (requirements) have effect for that purpose.
(2) Each numbered work comprised in the authorised development must be constructed within the correspondingly numbered area shown on the works plan (part A).
(3) Subject to paragraph (4), in constructing or maintaining the key buildings shown and identified on the works plan (part B), the undertaker may-
(a) deviate laterally from the building outlines shown for those key buildings shown and identified on the works plan (part B) to any such extent inwards as may be necessary, convenient or expedient; and(b) deviate vertically from the building levels shown for those key buildings on the sections shown and identified on the section drawing plan to any such extent downwards as may be necessary, convenient or expedient.(4) The works comprised in the electrical sub-station (HV switchgear indoor gas insulated building and compound) and the stack may be constructed within the limits of deviation subject to the relevant dimensions for these works set out in the design principles statement and as set out below-
(a) for key building 4 (the electrical sub-station (HV switchgear indoor gas insulated building and compound))-(i) the limits of deviation dimensions are a length of 140m (approximate east/west axis), and width of 50m (approximate north/south axis);(ii) the key building dimensions are a height up to 7m, length up to 79m, and width up to 47m;(b) for key building 9 (the stack)-(i) the limits of deviation dimensions are a length of 23m (approximate east/west axis), and width of 8m (approximate north/south axis);(ii) the key building dimensions are a height up to 85m, and diameter up to 8m.Procedure in relation to certain approvals etc. under requirements
4. (1) Where an application is made to a relevant planning authority for any consent, agreement or approval required by a requirement, the following provisions apply, insofar as they are not inconsistent with orders, rules or regulations made under the 2008 Act, 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.(2) For the purposes of the application of section 262 of the 1990 Act (meaning of "statutory undertaker") to appeals pursuant to this article, the undertaker is deemed to be a holder of a licence under section 6 of the Electricity Act 1989( 9).
(3) For the avoidance of doubt, the right of appeal conferred by...
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