The South Hook Combined Heat and Power Plant Order 2014

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1980 Act” means the Highways Act 1980(2);

“the 1990 Act” means the Town and Country Planning Act 1990(3);

“the 1991 Act” means the New Roads and Street Works Act 1991(4);

“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(5) 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.

(1)

1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c.65). There are other amendments to the 1961 Act which are not relevant to this Order.

(2)

1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), 1(3) and1 (4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section 1(2A) was inserted, and section 1(3) was amended, by section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c.29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c.71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c.51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order.

(3)

1990 c.8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c29) (date in force to be appointed see section 241(3), (4)(a), (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

(4)

1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 79(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

(5)

S.I. 2010/675. There are amendments to this Regulation which are not relevant to this Order.