The York Potash Harbour Facilities Order 2016

JurisdictionUK Non-devolved
CitationSI 2016/772

2016 No. 772

Infrastructure Planning

The York Potash Harbour Facilities Order 2016

Made 20th July 2016

Coming into force 10th August 2016

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 development which is the subject of the application is a nationally significant infrastructure project within the terms of section 24 of the 2008 Act.

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 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103.

The single appointed person, having considered the representations made and not withdrawn and the application, together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has determined to make an Order granting development consent for the development described in the application, and consent for ancillary works, with modifications which, in the opinion of the Secretary of State, do not make any substantial change to the proposals comprised in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122, 135(2) and 149A4of, and paragraphs 1 to 3, 10 to 12, 14 to 17, 24, 26, 30A to 32, 32B to 34, 36, and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

1 PRELIMINARY

PART 1

PRELIMINARY

S-1 Citation

Citation

1. This Order may be cited as the York Potash Harbour Facilities Order 2016 and comes into force on 10th August 2016.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1961 Act” means the Land Compensation Act 19615;

the 1965 Act” means the Compulsory Purchase Act 19656;

the 1966 Act” means the Tees and Hartlepools Port Authority Act 19667;

the 1980 Act” means the Highways Act 19808;

“the 1990 Act” means the Town and Country Planning Act 19909;

“the 1991 Act” means the New Roads and Street Works Act 199110;

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 200911;

“the 2009 EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 200912;

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

“area of seaward construction activity” means the area of the sea within the Order limits;

“authorised development” means the nationally significant infrastructure project and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act and any works carried out under the requirements;

“the book of reference” means the book of reference 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 but, for the purposes of article 30 (temporary use of land) does not include a pipeline or its related apparatus;

“carriageway” has the same meaning as in the 1980 Act;

“clay” means dredged materials with a diameter of less than 31.25 micrometres;

“constructability notes” means the following documents certified as the constructability notes by the Secretary of State for the purposes of this Order—

N014 - Constructability Issues Rev 2 – SABIC UK

N015 - Constructability Issues Rev 2 – Huntsman

N016 - Constructability Issues Rev 2 – DEA

N021 - Constructability Issues Rev 2 – NWL

N022 - Constructability Issues Rev 4 – TATA/SSI – Hot Metal Railway

N023 - Constructability Issues Rev 4 – TATA/SSI – SSI Road

N024 - Constructability Issues Rev 1 – NWL – Access Road Bridge

N029 - Constructability Issues Rev 8 – BP CATS – Northern Route;

“conveyor route (northern)” means the route shown as the northern conveyor route on the conveyor route plans;

“conveyor route plans” means the plans certified as the conveyor route plans by the Secretary of State for the purposes of this Order;

“DML” means the marine licence set out in Schedule 5 (deemed marine licence under the 2009 Act) and deemed by article 31 (deemed marine licence) to have been granted under Part 4 (marine licensing) of the 2009 Act, by virtue of section 149A (deemed consent under a marine licence) of the 2008 Act;

“dredging” means using any device to move material (whether or not suspended in water) from one part of the sea or sea bed to another part;

“ecological mitigation works” means the mitigation measures set out in the outline ecological management plan;

“environmental statement” means the document certified by the Secretary of State as the environmental statement for the purposes of this Order;

“further environmental report” means any report produced in accordance with paragraph 3(3) of Schedule 2 (requirements);

“governance tracker” means the governance tracker certified by the Secretary of State for the purposes of this Order;

“gravel” means dredged materials with a diameter of at least 2 millimetres and less than 64 millimetres;

“the harbour master” means the harbour master appointed by the Tees Port Authority and includes the harbour master’s deputies and assistants;

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

“highway works plan” means the plan certified by the Secretary of State as the highway works plan for the purposes of this Order ;

“lagoon” means the area identified as Works No. 3 on the works plans;

“lagoon habitat enhancement works” means the works for habitat enhancement in the lagoon approved under the DML;

“the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

“level of high water” means the average of high water heights occurring at the time of spring tides;

“licensed activity” means any activity described in Part 2 of Schedule 5;

“licensed area” means the area within which any licensed activity takes place;

“limits of deviation” means the limits of deviation shown or referred to on the works plans;

“local planning authority” means Redcar and Cleveland Borough Council;

“maintain” includes to inspect, repair, adjust, alter, remove, clear, refurbish, demolish, replace or improve unless that activity would result in a significant environmental effect not assessed in the environmental statement and any derivative of “maintain” is to be construed accordingly;

“materials handling facility” means the facility to be located at Wilton International being the subject of planning permission reference R/2014/0626/FFM dated 19th August 2015;

“materials management plan” means a plan which sets out the measures to be adopted when excavating and handling potentially contaminated soil to minimise the risk of cross contamination;

“mitigation and monitoring strategy” means the mitigation and monitoring strategy certified by the Secretary of State for the purposes of this Order;

“MMO” means the Marine Management Organisation created under the 2009 Act or any successor to its functions;

“Notice to Mariners” means any notice to mariners which may be issued by the Admiralty, Trinity House, the Queen’s harbourmasters, government departments or harbour and pilotage authorities advising mariners of important matters affecting navigational safety;

“Order land” means the land shown on the land plans which is within the boundary of the land required for or affected by the proposed development, and is land in respect of which rights are to be acquired and extinguished as described in the book of reference;

“the Order limits” means the limits shown on the works plans as the limits within which the authorised development and works may be carried out;

“outline ecological management plan” means the document certified as the outline ecological management plan by the Secretary of State for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198113;

“parameters table” means the parameters table certified as the parameters table by the Secretary of State for the purposes of this Order;

“PD Teesport” means PD Teesport Limited, company number 02636007, whose registered office is at 17 – 27 Queens Square, Middlesbrough, TS2 1AH;

“phase 1” means that part of the authorised development required to be completed in order to facilitate the movement of 6.5 million tonnes per annum of polyhalite comprising in summary—

(a) site compounds;

(b) construction of a quay 28 metres wide and 280 metres in length including ship loader and ship loader rails;

(c) dredging of up to 750,000 cubic metres of material from the approach channel and berth pocket;

(d) lagoon habitat enhancement works;

(e) installation of a surge bin;

(f) installation of conveyor system and transfer towers;

(g) construction of buildings and parking area;

(h) erection of security fencing; and

(i) provision of ancillary infrastructure;

“phase 2” means that part of the authorised development required to be completed in order to facilitate the movement of 13 million tonnes per annum of polyhalite comprising in summary—

(a) extension of quay to provide total quay length of 486 metres including ship loader and ship loader rails;

(b) dredging of up to 372,000 cubic metres of material from the approach channel and berth pocket;

(c) installation of second surge bin;

(d) installation of second conveyor within the conveyor housing installed during phase 1; and

(e) provision of ancillary infrastructure;

“pipeline corridor” means the corridor shown coloured yellow on...

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