Statutory Instruments
Infrastructure Planning
Made
4th May 2018
Coming into force
8th May 2018
The National Grid (Richborough Connection Project) Development Consent Order 2017 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of the Act(3).
In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant(4) for the correction of errors and omissions in the Order.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed Canterbury City Council, Thanet District Council and Dover District Council, as the local planning authorities for the area in which the land to which the Order relates is situated, that the request has been received.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:
1. This Order may be cited as the National Grid (Richborough Connection Project) (Correction) Order 2018 and comes into force on 8th May 2018.
2. Corrections to be made to the National Grid (Richborough Connection Project) Development Consent Order 2017 are set out in the table in the Schedule to this Order, where—
(a)column 1 sets out where the correction is to be made;
(b)column 2 sets out how the correction is to be made; and
(c)column 3 sets out the text to be substituted, inserted or omitted.
Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy,
Gareth Leigh
Head of Energy Infrastructure Planning
Department for Business, Energy and Industrial Strategy
4th May 2018
Article 2
| Where the correction is to be made | How the correction is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
| Article 3(3)(a) | For “article 6(4)” substitute | “articles 6(2) and 6(4)” |
| Article 6(2) | For “article 3(1)(b)” substitute | “article 3(3)(a)” |
| Article 6(4)(a) | For “article 3(1)(b)” substitute | “article 3(3)(a)” |
| Article 6(4)(b) | For “UK Power Networks Works” substitute | “UK Power Networks works but remains an undertaker for the purposes of keeping installed and maintaining the above ground electric lines included in the UK Power Networks works” |
| Article 6 | Omit paragraph (5) | |
| Article 18(1) | After “Order limits” insert | “or which may be affected by the authorised development” |
| Article 21(3) | For “substituted” substitute | “modified” |
| Article 21(3) | Omit | “paragraph 5 of” |
| Article 25 | After paragraph (4) insert new paragraph | “(4A) In section 6 (notices after execution of declaration) for subsection (1)(b) there is substituted— “(b)on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008,””. |
| In Schedule 3 (Requirements) | ||
| Requirement 5(4) (Construction Environmental Management Plan) | After “scheme or strategy concerned” insert | “and, in relation to the Biodiversity Mitigation Strategy only, following consultation with Natural England” |
Requirement 5 (Construction Environmental Management Plan) | Omit sub-paragraph (5) | |
Requirement 20(4) (Ancient Woodland Easement Management Plan) | Omit | “, following consultation with Natural England and the Woodland Trust” |
Requirement 22 (Exercise of powers of compulsory acquisition by National Grid) | For existing Requirement 22, including heading, substitute | “Exercise of powers of compulsory acquisition in relation to the imposition of restrictions by National Grid 22. The powers of compulsory acquisition under this order, in relation to the imposition of restrictions as set out in the Book of Reference, may only be exercised reasonably, taking into account the rights of other persons with an interest in the land subject to the imposition of such restrictions.” |
(This note is not part of the Order)
This Order corrects correctable errors in the National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017 No. 817), a development consent order made under the Planning Act 2008 (c. 29), following a request under paragraph 1(5)(a) of Schedule 4 to that Act.
As provided for in Schedule 4 to the Act.
As defined in paragraph 4 of Schedule 4 to the Act.