The Wrexham Gas Fired Generating Station Order 2017

Document Number:2017 No. 766
Coming into force:Coming into force on the 08/08/2017
 
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Statutory Instruments

Infrastructure Planning

Made

18 th July 2017

Coming into force

8 th August 2017

An application under section 37 of the Planning Act 2008(1) (“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 appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010(2). The single appointed person 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 2009(3) 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 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.

In accordance with section 127 of the Planning Act 2008(4) , the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in 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 Wrexham Gas Fired Generating Station Order 2017 and comes into force on 8 th August 2017.

    Interpretation

  2. —(1) In this Order—

    “the 1961 Act” means the Land Compensation Act 1961(5);

    “the 1965 Act” means the Compulsory Purchase Act 1965(6);

    “the 1980 Act” means the Highways Act 1980(7);

    “the 1984 Act” means the Road Traffic Regulation Act 1984(8);

    “the 1990 Act” means the Town and Country Planning Act 1990(9);

    “the 1991 Act” means the New Roads and Street Works Act 1991(10);

    “the 2008 Act” means the Planning Act 2008(11);

    “access rights of way plan” means the plan identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the access rights of way plan by the Secretary of State for the purposes of this Order;

    “address” includes any number or address used for the purposes of electronic transmission;

    “apparatus” has the same meaning as in Part 3 of the 1991 Act;

    “authorised development” means the development described in Schedule 1 (authorised development) to this Order;

    “book of reference” means the document identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified by the Secretary of State 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;

    “commence” unless otherwise provided for means, save for the permitted preliminary works, beginning to carry out any material operation, as defined in section 155 of the 2008 Act (which explains when development begins) , comprised in or carried out for the purposes of the authorised development and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly;

    “date of final commissioning” means the date on which the authorised development commences operation by generating power on a commercial basis;

    “design and access statement” means the document identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the design and access statement by the Secretary of State for the purposes of this Order;

    “design objectives statement” means the design objectives contained within the summary of design objectives at chapter 2 of the design and access statement and certified by the Secretary of State as the design objectives statement for the purposes of this Order;

    “electronic transmission” means a communication transmitted—

    by means of an electronic communications network; or

    by other means but while in electronic form;

    “environmental statement” means the documents identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the environmental statement by the Secretary of State for the purposes of this Order;

    “exhaust gas emission flue stack” means the exhaust gas emission flue stack excluding any ancillary support structures, sound proof cladding and emissions monitoring platforms;

    “footpath” and “footway” have the same meaning as in the 1980 Act;

    “gross rated electrical output” means the aggregate of the gross electric power as measured at the terminals of each generator comprised in the generating station in accordance with standards agreed with the regulating authority under the Environmental Permitting (England and Wales) Regulations 2016(12);

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

    “illustrative foul and surface water drainage strategy” means the document identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the drainage strategy by the Secretary of State for the purposes of this Order;

    “illustrative landscape and ecological mitigation master plan” means the document identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the illustrative landscape and ecological mitigation master plan by the Secretary of State for the purposes of this Order;

    “the land plans” means the plans identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the land plans by the Secretary of State for the purposes of this Order;

    “limits of deviation” means, in respect of numbered works 1 , 3 , 4 and 5 inclusive the outer limits of the corresponding numbered area shown on the works plan;

    “maintain” includes to the extent assessed in the environmental statement inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not the whole of, the authorised development, and “maintenance” and “maintaining” are to be construed accordingly;

    “National Grid” means National Grid Gas plc (Company No. 02006000) whose registered office is at 1-3 Strand, London WC2 N 5 EH;

    “NRW” means the Natural Resources Body for Wales and any statutory successors from time to time performing the same functions;

    “this Order” means the Wrexham Gas Fired Generating Station Order 2017;

    “Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown on the land plans and described in the book of reference;

    “Order limits” means the limits shown on the works plan 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 1981 (interpretation)(13);

    “permitted preliminary works” means any investigation works that may be required pursuant to requirement 5 (ground investigation) , requirement 6 (piling) or requirement 8 (archaeology);

    “relevant planning authority” means the planning authority for the area in which the authorised development is situated;

    “requirements” means those matters set out in Schedule 3 (requirements) to this Order;

    “start-up and shut-down” means the periods of 30 minutes before the opening up of construction sites (start-up) and 30 minutes following the end of the working day (shut-down) , during which the arrival of workers, changing into and out of work wear, pre-job briefing and leaving the site prior to closing and securing the site take place;

    “statutory undertaker” means any person falling within section 127(8) of the 2008 Act and includes a public communications provider as defined by section 151(1) of the Communications Act 2003(14);

    “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 any footpath and “street” includes any 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;

    “undertaker” means Wrexham Power Limited or any other person who for the time being has the benefit of this Order in accordance with article 7 of this Order;

    “watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

    “the works plan” means the plan identified in Table 1 of Schedule 2 (documents and plans to be certified) to this Order and certified as the works plan by the Secretary of State for the purposes of this Order; and

    “Wrexham Power Limited” means Wrexham Power Limited (Company No. 06762265) whose registered office is at Park Point, 17 High Street, Longbridge, Birmingham B31 2 UQ.

    (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 and references in this Order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land over which rights are created and acquired under this Order.

    (3) All distances, directions and lengths referred to in this Order are approximate and distances between lines and/or points on a numbered work comprised in the authorised development and shown on the works plan and access rights of way plan are to be taken to be measured along that work.

    (4) References in this Order to numbered works...

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