The Sizewell C (Nuclear Generating Station) Order 2022

1. Introductory Text

2. PART 1 GENERAL PROVISIONS

   1. Preliminary

      1. 1. Citation and commencement

      2. 2. Interpretation

3. PART 2 PRINCIPAL POWERS

   1. 3. Development consent etc granted by Order

   2. 4. Limits of deviation

   3. 5. Effect of the Order on the Sizewell B relocated facilities permissions

   4. 6. Maintenance of authorised development

   5. 7. Authorisation of use

   6. 8. Benefit of Order

   7. 9. Consent to transfer benefit of the Order

   8. 10. Enforcement of the Deed of Obligation

   9. 11. Modification and discharge of Deed of Obligation

   10. 12. Defence to proceedings in respect of statutory nuisance

4. PART 3 STREETS

   1. 13. Power to alter layout, etc., of streets

   2. 14. Street works

   3. 15. Application of the 1991 Act

   4. 16. Permanent stopping up of streets, change of status, and extinguishment of private means of access

   5. 17. Status of public rights of way created or improved

   6. 18. Benefit of permanent private means of access and private rights of way created

   7. 19. Temporary closure of streets and private means of access

   8. 20. Use of private roads for construction

   9. 21. Access to works

   10. 22. Construction and maintenance of new and altered streets

   11. 23. Agreements with street authorities

   12. 24. Traffic regulation measures

5. PART 4 SUPPLEMENTAL POWERS

   1. 25. Discharge of water

   2. 26. Protective work to buildings

   3. 27. Authority to survey and investigate the land

6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

   1. 28. Compulsory acquisition of land

   2. 29. Compulsory acquisition of land – incorporation of the mineral code

   3. 30. Statutory authority to override easements and other rights

   4. 31. Time limit for exercise of authority to acquire land compulsorily

   5. 32. Compulsory acquisition of rights and imposition of restrictive covenants

   6. 33. Private rights of way

   7. 34. Application of the 1981 Act

   8. 35. Acquisition of subsoil and airspace only

   9. 36. Acquisition of part of certain properties

   10. 37. Modification of the 1965 Act

   11. 38. Rights under or over streets

   12. 39. Temporary use of land for carrying out authorised development

   13. 40. Time limit for exercise of authority to temporarily use land for carrying out the authorised development

   14. 41. Temporary use of land for maintaining authorised development

   15. 42. Statutory undertakers

   16. 43. Apparatus and rights of statutory undertakers in stopped-up streets

   17. 44. Acquisition of wayleaves, easements and other rights

   18. 45. Recovery of costs of new connections

   19. 46. No double recovery

   20. 47. Protective provisions

   21. 48. Use of airspace within the Order limits

7. PART 6 HARBOUR POWERS

   1. 49. Incorporation of the Harbours, Docks, and Piers Clauses Act 1847

   2. 50. Further powers as to works and extinguishment of rights

   3. 51. Harbour authority

   4. 52. Agreements entered into by the undertaker

   5. 53. Application of Pilotage Act 1987

   6. 54. Limits of harbour

   7. 55. Obstruction of work

   8. 56. Obstruction of officers

   9. 57. Abatement of works abandoned or decayed

   10. 58. Survey of marine works

   11. 59. Lights on marine works etc. during construction

   12. 60. Provision against danger to navigation

   13. 61. Permanent lights on marine works

   14. 62. Rights to lease etc.

   15. 63. Byelaws

   16. 64. Confirmation of byelaws

   17. 65. Power to make general directions to vessels

   18. 66. Publication of general directions

   19. 67. Power to make special directions to vessels

   20. 68. Master’s responsibility in relation to directions

   21. 69. Failure to comply with directions

   22. 70. Enforcement of special directions

   23. 71. Boarding of vessels

   24. 72. Charges

   25. 73. Use of beach landing facility and marine bulk import facility

   26. 74. Duration of the powers in Part 6

   27. 75. Saving for termination of Part 6

   28. 76. Saving for Trinity House

8. PART 7 DEEMED MARINE LICENCE

   1. 77. Deemed marine licence under the 2009 Act

9. PART 8 MISCELLANEOUS AND GENERAL

   1. 78. Removal of human remains

   2. 79. Application of landlord and tenant law

   3. 80. Operational land for purposes of the 1990 Act

   4. 81. Felling or lopping of trees and removal of hedgerows

   5. 82. Certification of plans, etc.

   6. 83. Service of notices

   7. 84. Arbitration

   8. 85. Procedure in relation to certain approvals etc.

   9. 86. Application, exclusion and modification of legislative provisions

   10. 87. Crown rights

   11. 88. Security in respect of the payment of compensation etc.

10. Signature

11. 1. SCHEDULE 1

       Authorised Development

       1. Sizewell C DCO Project: In the Districts of East Suffolk Council and West Suffolk Council and the County of Suffolk

       2. PART 1 NUMBERED WORKS

          1. Main development site: operational infrastructure and Sizewell B relocation works

             1. Work No. 1A

          2. Main development site: cooling water infrastructure, drainage outfall, desalination intake and outfall infrastructure

          3. Main development site: accommodation campus

          4. Rail infrastructure

          5. Sports facilities

          6. Fen meadows and marsh harrier habitat

          7. Northern park and ride

          8. Southern park and ride

          9. Two village bypass

          10. Sizewell link road

          11. Freight management facility

          12. Yoxford roundabout and other highway improvement works

       3. PART 2 OTHER ASSOCIATED DEVELOPMENT

    2. SCHEDULE 2

       Requirements

       1. 1. Interpretation

    3. SCHEDULE 3

       Land Plans

    4. SCHEDULE 4

       Works Plans

    5. SCHEDULE 5

       Rights of Way Plans

    6. SCHEDULE 6

       Parameter Plans

    7. SCHEDULE 7

       Approved Plans

       1. PART 1 MAIN DEVELOPMENT SITE AND MARINE WORKS – WORK NOS. 1, 2 AND 3

       2. PART 2 RAIL INFRASTRUCTURE – WORK NO. 4

       3. PART 3 SPORTS FACILITIES – WORK NO. 5

       4. PART 4 NORTHERN PARK AND RIDE – WORK NO. 9

       5. PART 5 SOUTHERN PARK AND RIDE – WORK NO. 10

       6. PART 6 TWO VILLAGE BYPASS – WORK NO. 11

       7. PART 7 SIZEWELL LINK ROAD – WORK NO. 12

       8. PART 8 FREIGHT MANAGEMENT FACILITY – WORK NO. 13

       9. PART 9 YOXFORD ROUNDABOUT AND OTHER HIGHWAY IMPROVEMENT WORKS – WORK NOS. 14, 15, 16 AND 17

    8. SCHEDULE 8

       Deemed approval of requirements relating to Sizewell B relocated facilities permission 1 and 2

       1. PART 1 SIZEWELL B RELOCATED FACILITIES PERMISSION 1

       2. PART 2 SIZEWELL B RELOCATED FACILITIES PERMISSION 2

    9. SCHEDULE 9

       Streets subject to street works

    10. SCHEDULE 10

        Streets to be permanently stopped up, changed in status or private means of access extinguished

        1. PART 1 STREETS TO BE STOPPED UP OR PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

        2. PART 2 PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

        3. PART 3 STREET TO BE SUBJECT TO A CHANGE OF STATUS

    11. SCHEDULE 11

        Status of public rights of way created or improved

    12. SCHEDULE 12

        Benefit of permanent private means of access and private rights of way created

    13. SCHEDULE 13

        Streets and private means of access to be temporarily closed

        1. PART 1 BEING STREETS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS NOT SPECIFIED

        2. PART 2 BEING STREETS AND PRIVATE MEANS OF ACCESS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS SPECIFIED

    14. SCHEDULE 14

        Traffic Regulation Measures

    15. SCHEDULE 15

        Land in respect of which only rights etc may be acquired

    16. SCHEDULE 16

        Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

        1. 1. Compensation enactments

        2. 2. (1) Without limiting the scope of sub-paragraph (1), the Land...

        3. 3. (1) Without limiting the scope of sub-paragraph (1), the 1961...

        4. 4. Application of the 1965 Act

        5. 5. For section 7 of the 1965 Act (Measure of compensation...

        6. 6. The following provisions of the 1965 Act (which state the...

        7. 7. Section 11 of the 1965 Act (Powers of entry) is...

        8. 8. Section 20 of the 1965 Act (Tenants at will, etc)...

        9. 9. Section 22 of the 1965 Act (Interests omitted from purchase)...

        10. 10. For Schedule 2A of the 1965 Act substitute— SCHEDULE 2A...

    17. SCHEDULE 17

        Land of which only temporary possession may be taken

    18. SCHEDULE 18

        Acquisition of wayleaves, easements and other rights

        1. PART 1 ON BEHALF OF LICENCE HOLDERS

           1. 1. Acquisition of necessary wayleaves

           2. 2. Compulsory acquisition of easements or other rights

           3. 3. Interpretation

        2. PART 2 ON BEHALF OF CODE OPERATORS

           1. 4. Court imposition of code rights

           2. 5. Compulsory acquisition of easements or other rights

           3. 6. Interpretation

        3. PART 3 ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS

           1. 7. Compulsory acquisition of easements or other rights

        4. PART 4 ON BEHALF OF GAS TRANSPORTERS

           1. 8. Compulsory acquisition of easements or other rights

    19. SCHEDULE 19

        Protective Provisions

        1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

           1. 1. Application

           2. 2. Interpretation

           3. 3. On-street apparatus

           4. 4. Acquisition of apparatus

           5. 5. Removal of apparatus

           6. 6. Facilities and rights for alternative apparatus

           7. 7. Retained apparatus: protection

           8. 8. Compensation

           9. 9. Expenses

           10. 10. Co-operation

           11. 11. Agreements

        2. PART 2 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS NETWORKS

           1. 12. Application

           2. 13. Interpretation

           3. 14. Electronic communications apparatus installed on, under or over any land

           4. 15. Compensation

           5. 16. Application

           6. 17. Co-operation

           7. 18. Enactments and agreements

        3. PART 3 NETWORK RAIL

           1. 19. The provisions of this Part of this Schedule have effect,...

           2. 20. In this Part of this Schedule— “construction” includes execution, placing,...

           3. 21. (1) Where under this Part of this Schedule Network Rail...

           4. 22. (1) The undertaker must not exercise the powers conferred by—...

           5. 23. (1) The undertaker must before commencing construction of any specified...

           6. 24. (1) Any specified work and any protective works to be...

           7. 25. The undertaker must— (a) at all times afford reasonable facilities...

           8. 26. Network Rail must at all times afford reasonable facilities to...

           9. 27. (1) If any permanent or temporary alterations or additions to...

           10. 28. The undertaker must repay to Network Rail all reasonable fees,...

           11. 29. (1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

           12. 30. If at any time after the completion of a specified...

           13. 31. The undertaker must not provide any illumination or illuminated sign...

           14. 32. Any additional expenses which Network Rail may reasonably incur in...

           15. 33. (1) The undertaker must pay to Network Rail all reasonable...

           16. 34. Network Rail must, on receipt of a request from the...

           17. 35. In the assessment of any sums payable to Network Rail...

           18. 36. The undertaker and Network Rail may, subject in the case...

           19. 37. Nothing in this Order, or in any enactment incorporated with...

           20. 38. The undertaker must give written notice to Network Rail if...

           21. 39. The undertaker must no later than 28 days from the...

           22. 40. In relation to any dispute arising under this Part of...

        4. PART 4 FOR THE PROTECTION OF ANGLIAN WATER

           1. 41. (1) For the protection of Anglian Water, the following provisions...

        5. PART 5 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKERS

           1. 42. Application

           2. 43. Interpretation

           3. 44. Except for paragraphs 45 (Apparatus of National Grid in stopped...

           4. 45. Apparatus of National Grid in stopped up streets

           5. 46. Protective works to buildings

           6. 47. Acquisition of land

           7. 48. Removal of apparatus

           8. 49. Facilities and rights for alternative apparatus

           9. 50. Retained apparatus: Protection of National Grid

           10. 51. Expenses

           11. 52. Indemnity

           12. 53. Enactments and agreements

           13. 54. Co-operation

           14. 55. Access

           15. 56. Arbitration

           16. 57. Notices

        6. PART 6 FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

           1. 58. For the protection of Essex and Suffolk Water, the following...

           2. 59. In this Part of this Schedule— “Authority” has the meaning...

           3. 60. The undertaker must not interfere with, build over or near...

           4. 61. The alteration, extension, removal or re-location of any apparatus shall...

           5. 62. In the situation, where in exercise of the powers conferred...

           6. 63. Regardless of any provision in this Order or anything shown...

           7. 64. If in consequence of the exercise of the powers conferred...

           8. 65. If in consequence of the exercise of the powers conferred...

           9. 66. If for any reason or in consequence of the construction...

           10. 67. Any agreement or approval of ESW required under these provisions...

           11. 68. Any dispute arising between the undertaker and ESW under this...

           12. 69. Water Industry Act 1991

           13. 70. Supply of potable water to the authorised development

           14. 71. Condition 1

           15. 72. Following satisfaction of paragraph 71, ESW, acting reasonably, has confirmed...

           16. 73. Condition 2

           17. 74. Following satisfaction of paragraph 73, the Secretary of State for...

           18. 75. Following satisfaction of paragraph 74, the Authority has approved the...

        7. PART 7 FOR THE PROTECTION OF EDF ENERGY NUCLEAR GENERATION LIMITED

           1. 76. Application

           2. 77. Interpretation

           3. 78. Acquisition of Land

           4. 79. Apparatus and/or Service Media of ENGL in stopped up streets

           5. 80. Article 5

           6. 81. Discharge or requirements

           7. 82. Service Media plan

           8. 83. Enactments and agreements

           9. 84. Arbitration

        8. PART 8 FOR THE PROTECTION OF THE NUCLEAR DECOMMISSIONING AUTHORITY AND MAGNOX LIMITED

           1. 85. Application

           2. 86. Interpretation

           3. 87. Acquisition of Land and Installations

           4. 88. Right of access

           5. 89. Removal of Installations and Execution of Specified Works

           6. 90. (1) Not less than 56 working days before the intended...

           7. 91. (1) Following receipt of plans under paragraph 90 of this...

           8. 92. Expenses

           9. 93. NDA and / or Magnox (as applicable) is not required...

           10. 94. In paragraph 93 of this Part “emergency” means works whose...

           11. 95. Indemnity

           12. 96. Enactments and agreements

           13. 97. Co-operation

           14. 98. Arbitration

           15. 99. Installation(s) plan

        9. PART 9 FOR THE PROTECTION OF EAST ANGLIA ONE NORTH LIMITED

           1. 100. Application

           2. 101. Interpretation

           3. 102. Interaction at Sizewell Gap

           4. 103. Interaction at Snape Road

           5. 104. Interaction at Friday Street

           6. 105. Sizewell C proposed intake infrastructure

           7. 106. Acquisition of land

           8. 107. Arbitration

        10. PART 10 PROTECTION OF EAST ANGLIA TWO LIMITED

            1. 108. Application

            2. 109. Interpretation

            3. 110. Interaction at Sizewell Gap

            4. 111. Interaction at Snape Road

            5. 112. Interaction at Friday Street

            6. 113. Sizewell C proposed intake infrastructure

            7. 114. Acquisition of land

            8. 115. Arbitration

    20. SCHEDULE 20

        Limits of Harbour

    21. SCHEDULE 21

        Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009

        1. PART 1 INTRODUCTION

           1. 1. Interpretation

           2. 2. Addresses

        2. PART 2 LICENSED ACTIVITIES - GENERAL

           1. 3. The provisions of section 72 of the 2009 Act apply...

           2. 4. (1) Subject to the licence conditions in Part 3 of...

           3. 5. The licensed activities must be carried out in either the...

        3. PART 3 CONDITIONS

           1. 6. General

           2. 7. Pre-construction

           3. 8. (1) No licensed activity or phase of activity must be...

           4. 9. (1) The local MMO office and Trinity House must be...

           5. 10. Local mariners, fishermen’s organisations and the UK Hydrographic Office must...

           6. 11. (1) The undertaker must provide the name, address and function...

           7. 12. (1) The undertaker must notify the MMO in writing of...

           8. 13. The undertaker must ensure that a copy of this licence...

           9. 14. (1) No licenced activity may commence until a CPMMP (marine)...

           10. 15. (1) No licensed activity or phase of licensed activity must...

           11. 16. (1) No licensed activity or phase of licensed activity must...

           12. 17. (1) No licensed activity must commence until a FLCP has...

           13. 18. During construction, operation and maintenance

           14. 19. The storage, handling, transport and use of fuels, lubricants, chemicals...

           15. 20. (1) Drill or vibro piling must be used as standard,...

           16. 21. Except for activities taking place below MHWS, concrete and cement...

           17. 22. If concrete is to be sprayed, suitable protective sheeting must...

           18. 23. During licensed activities, all wastes must be stored in designated...

           19. 24. The undertaker must ensure that any equipment, temporary structures, waste...

           20. 25. (1) No gravel or rock may be placed in the...

           21. 26. The undertaker must ensure that any vessels used for rock...

           22. 27. The undertaker must ensure that sea going tugs or tugs...

           23. 28. (1) No vessel movements within the Outer Thames Estuary Special...

           24. 29. (1) The undertaker must report all dropped objects to the...

           25. 30. In the event that any rock or sediment material used...

           26. 31. (1) Cooling water abstraction must not commence until a MAP...

           27. 32. Dredging

           28. 33. (1) No dredging activity or phase of dredging activity must...

           29. 34. (1) Within 4 weeks of the completion of any dredging...

           30. 35. Aids to navigation

           31. 36. Beach Landing Facility and Temporary Marine Bulk Import Facility

           32. 37. Soft Coastal Defence Feature (SCDF)

           33. 38. Combined Drainage Outfall (CDO)

           34. 39. Cooling Water Intake and Outfall Heads, Shafts and Tunnels

           35. 40. (1) The construction of Work Nos. 2A, 2C and 2E...

           36. 41. (1) The construction of Work Nos. 2A to 2J must...

           37. 42. (1) The construction of Work Nos. 2A to 2J must...

           38. 43. Drill arisings from Work Nos. 2B, 2D and 2F must...

           39. 44. (1) Water abstraction must not commence until a FIEMP has...

           40. 45. (1) Water abstraction must not commence until a SMP has...

           41. 46. (1) Work Nos. 2M, 2N, 2O and 2P must not...

        4. PART 4 CO-ORDINATES

    22. SCHEDULE 22

        Removal of important hedgerows

    23. SCHEDULE 23

        Certified Documents

    24. SCHEDULE 24

        Procedure for approvals, consents and appeals

        1. 1. Applications made under requirement

        2. 2. Further information

        3. 3. Fees

        4. 4. Appeals

        5. 5. Definitions

    25. SCHEDULE 25

        Miscellaneous Controls

        1. 1. Introduction

        2. 2. Highways Act 1980

        3. 3. Community Infrastructure Levy Regulations 2010

        4. 4. Town and Country Planning Act 1990

        5. 5. Local Government (Miscellaneous Provisions) Act 1976

12. Explanatory Note