The Progress Power (Gas Fired Power Station) Order 2015

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Progress Power (Gas Fired Power Station) Order 2015 and comes into force on 14th August 2015.

Interpretation

2.—(1) In this Order—

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

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1991 Act” means the New Roads and Street Works Act 1991(5);

“the 2008 Act” means the Planning Act 2008;

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

“authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 of the 2008 Act;

“the book of reference” means the book of reference submitted as revision 1.0 dated 19th December 2014 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 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;

“the design principles statement” means the Design Principles contained within Annex 1, Design Principles 10.2 Design and Access Statement pages 39 to 43, in the document dated October 2014 and in chapter 0.4 of the Design and Access Statement Revision 0 dated December 2014 submitted with the application and certified as such by the Secretary of State for the purposes of this Order;

“the ecological management strategy” means the outline ecological management strategy, submitted as revision 1.0 dated September 2014 and which is certified as such by the Secretary of State for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“the environmental statement” means the environmental statement submitted with the application together with any supplementary or further environmental information submitted by the undertaker in support of the application and certified as such by the Secretary of State for the purposes of this Order updated as follows—

(a)

Appendix 4.A is superseded by the outline construction environment management plan;

(b)

Appendix 12.D is superseded by the outline construction traffic management plan;

(c)

Appendix 13.C is superseded by the stage 2 written scheme of archaeological investigation;

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

“the flood risk assessment” means the flood risk assessment submitted with the application as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order;

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

“gas turbine generator” means either one or two gas turbines which drive a single electricity generator for the purposes of generating electricity;

“gross rated electrical output” means the aggregate of gross electrical power as measured at the terminals of each generator in accordance with standards agreed with the regulating authority under the Environmental Permitting (England and Wales) Regulations 2010(6);

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

“important hedgerow plan” means the important hedgerow plan submitted as revision 1.0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order;

“the land plans” means the plans submitted as revision 0 dated December 2014 and certified as the land plans by the Secretary of State for the purposes of this Order;

“landscape mitigation strategy” means the interim landscape mitigation strategy submitted as revision 3.0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order;

“limits of deviation” means, in respect of numbered works 1, 2, 3, 5 and 7 the outer limits of the corresponding numbered area shown on the works plans and, in respect of numbered works 4 and 6, the limits to either side of the corresponding numbered line shown on the works plans;

“MWe” means megawatts of electrical output;

“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 Electricity Transmission plc (Company Registration Number 02366977) whose registered office is at 1 to 3 Strand, London, WC2N 5EH and/or National Grid Gas plc (Company Registration Number 02006000) whose registered office is at 1 to 3 Strand, London, WC2N 5EH as the context requires;

“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006(7);

“operational phase” means the period of time that the relevant part of the authorised development is in operation after construction and “operation” should be construed accordingly;

“Order land” means the land required for, or affected by, the proposed development shown on the land plans and described in the book of reference;

“the Order limits” means the limits shown on figure 1 (sheet 1 and 2) of the works plans within which the authorised development may be carried out;

“the outline construction environment management plan” means the outline construction environment management plan submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order;

“the outline construction traffic management plan” means the outline construction traffic management plan submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order;

“the outline landscaping plans” means the outline landscaping plans, submitted as revision 0 and dated December 2014 and certified as such by the Secretary of State for the purposes of this Order;

“the outline lighting strategy ” means the outline lighting strategy submitted as revision 0 dated December 2014 and which is certified as such by the Secretary of State for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981(8);

“Progress Power Limited” means Progress Power Limited (Company No. 8190283) whose registered office is at 33 Cavendish Square, London, W1G 0PW;

“relevant planning authority” means the district planning authority for the area in which the land to which the provisions of this Order apply is situated;

“Requirements” means those matters set out in Schedule 2 (Requirements) to this Order;

“rights of way, streets and access plan” means the plan submitted as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order;

“stage 2 written scheme of archaeological investigation” means the stage 2 written scheme of archaeological investigation submitted as revision 0 dated December 2014 and certified as such by the Secretary of State for the purposes of this Order;

“statutory undertaker” means any person within the meaning of section 127(8) of the 2008 Act;

“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;

“travel plan” means the travel plan contained in appendix 12.E of the environmental statement setting out measures to promote sustainable transport during the construction phase and outline measures to propose sustainable transport during the operational phase of the authorised development;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means Progress Power Limited;

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

“the works plans” means the works plans submitted as revision 0 and dated December 2014 and certified as such 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 and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.

(4) All areas described in square metres in the book of reference are approximate.

(5) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 and shown on the works plans and a reference to numbered work 1 means 1A to 1D (inclusive) and a reference to numbered 3 means 3A and 3B (inclusive).

(6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the rights of way, streets and access plan.

(7) The expression “includes” is to be construed without limitation.

(1)

1961 c.33. There are amendments to the 1961 Act which are not relevant to this Order.

(2)

1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c.71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991. Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c.67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991. Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006. There are other amendments to the 1965 Act which are not relevant to this Order.

(3)

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) and 1(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 paragraph 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 1992 (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 65(5) 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; and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994. 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.

(4)

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 (c.29) (date in force in relation to England: 6th April 2012: S.I. 2012/601). There are other amendments to the 1990 Act which are not relevant to this Order.

(5)

1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

(6)

S.I. 2010/675, as amended by the Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), the Environmental Permitting (England and Wales) (Amendment No. 2) Regulations 2011 (S.I. 2011/2933), the Environmental Permitting (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/630), the Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811).

(7)

2006 c.16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009 (c.23).

(8)

1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which are not relevant to this Order.