The Tees Combined Cycle Power Plant Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/827 |
| Year | 2019 |
2019 No. 827
Infrastructure Planning
The Tees Combined Cycle Power Plant Order 2019
Made 5th April 2019
Coming into force 26th April 2019
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an order granting development consent.
The application has been examined in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act (“the examining authority”). The examining authority has submitted a report and recommendation to the Secretary of State under section 83 of the 2008 Act.
The Secretary of State has considered the report and recommendation of the examining authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20094and 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.
The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Tees Combined Cycle Power Plant Order 2019 and comes into force on 26th April 2019.
Interpretation
2.—(1) In this Order—
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 2008 Act” means the Planning Act 20086;
“authorised development” means the development and associated development described in Part 1 of 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;
“CCR assessments” means the carbon capture readiness statement together with the further assessments submitted in support of the application, listed in the examination library under references APP-039, REP2-091, REP7-011, REP7-07 and REP7-015 and certified as the CCR assessments by the Secretary of State for the purposes of this Order;
“CHP assessment” means the combined heat and power assessment submitted in support of the application, listed in the examination library under reference APP-038 and certified as the CHP assessment by the Secretary of State for the purposes of this Order;
“environmental statement” means the environmental statement together with the documents containing supplementary and further environmental information submitted in support of the application, listed in the examination library index under references APP-042 to APP-046, AS-012, AS-010, APP-050 to APP-052, AS-025, APP-054 to APP-058, REP2-006, APP-060 to APP-075, REP1-001, APP-077, REP2-052, APP-079, AS-021 and REP7-008 and certified as the environmental statement by the Secretary of State for the purposes of this Order;
“examination library index” means the index of documents referred to in the Examining Authority’s report and recommendation to the Secretary of State and certified as the examination library index by the Secretary of State for the purposes of this Order;
“existing access plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-015 and certified as the existing access plan by the Secretary of State for the purposes of this Order;
“highway authority” has the same meaning as in the Highways Act 19807;
“indicative demineralised water connection plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-021 and certified as the indicative demineralised water connection plan by the Secretary of State for the purposes of this Order;
“indicative drainage plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-026 and certified as the indicative drainage plan by the Secretary of State for the purposes of this Order;
“indicative electrical connection plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-020 and certified as the indicative electrical connection plan by the Secretary of State for the purposes of this Order;
“indicative gas connection plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-024 and certified as the indicative gas connection plan by the Secretary of State for the purposes of this Order;
“indicative generating station plans” means the plans submitted in support of the application, listed in the examination library index under references APP-016, AS-015, APP-018 and AS-019 and certified as the indicative generating station plans by the Secretary of State for the purposes of this Order;
“indicative landscaping plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-029 and certified as the indicative landscaping plan by the Secretary of State for the purposes of this Order;
“indicative potable water connection and raw water connection plans” means the plans submitted in support of the application, listed in the examination library index under references APP-022 and APP-023 and certified as the indicative potable water connection plan and indicative raw water connection plans by the Secretary of State for the purposes of this Order;
“ISO Conditions” means ambient temperature of 15° Celsius, relative humidity of 60% and ambient pressure of 1 bar;
“land” includes land covered by water and any interest or right in, to or over land;
“land ownership and interests schedule” means the schedule submitted in support of the application, listed in the examination library index under reference APP-007 and certified by the Secretary of State as the land ownership and interests schedule for the purposes of this Order;
“land plan” means the plan submitted in support of the application, listed in the examination library index under reference APP-012 and certified as the land plan by the Secretary of State for the purposes of this Order;
“limits of deviation” means the limits shown on the works plans and referred to in article 6 (limits of deviation);
“maintain” includes, to such an extent that it will not give rise to any materially new or materially different environmental effects to those already assessed in the environmental statement, inspect, maintain, repair, adjust, alter, remove, refurbish, reconstruct and or improve any part but not the whole of the authorised development and “maintenance” is to be construed accordingly;
“Ministry of Defence” means the Defence Geographic Centre at G7 MacLeod Building, Elmwood Avenue, Feltham, Middlesex TW13 7AH United Kingdom;
“the Order land” means the land which is required for the construction and operation of the authorised development shown on the land plan and described in the land ownership and interests schedule;
“the Order limits” means the limits shown in red on the works plans within which the authorised development may be carried out;
“preliminary works” means works consisting of site clearance, environmental surveys, investigations for the purpose of assessing ground conditions, erection of any temporary means of enclosure, the temporary display of site notices or installation of a site compound;
“relevant planning authority” means the local planning authority for the area in which the authorised development is situated;
“requirements” means those matters set out in Part 2 (Requirements) of Schedule 1;
“southern boundary sound wall” means the boundary wall situated along the southern boundary of the Order land the location of which is shown on the works plans;
“undertaker” means Sembcorp Utilities (UK) Limited (company registration number 04636301) or any person who has the benefit of this Order in accordance with article 7;
“western boundary sound wall” means the boundary wall to be situated along part of the western boundary of the Order land the location of which is shown on the works plans; and
“works plans” means the plans submitted in support of the application, listed in the examination library index under references APP-014, AS-001, REP2-007, REP2-026, REP2-048, REP2-075 and REP2-076 and 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.
(4) References in this Order to numbered works are references to the works comprising the authorised development as numbered and described in Part 1 of Schedule 1 (authorised development) and shown on the works plans.
(5) The expression “includes” is to be construed without limitation unless the contrary intention appears.
(6) All areas described in square metres in the land ownership and interests schedule are approximate.
(7) References to any statutory body include that body’s successor bodies.
PART 2
PRINCIPAL POWERS
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...
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