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The North London Heat and Power Generating Station (Correction) Order 2018

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Statutory Instruments

2018 No. 822

Infrastructure Planning

The North London Heat and Power Generating Station (Correction) Order 2018

Made

5th July 2018

Coming into force

6th July 2018

The North London Heat and Power Generating Station Order 2017 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008(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 the relevant local planning authorities 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.

Citation and commencement

1.  This Order may be cited as the North London Heat and Power Generating Station (Correction) Order 2018 and comes into force on 6th July 2018.

Corrections

2.  The North London Heat and Power Generating Station Order 2017 is corrected as provided for in the table in the Schedule, 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

5th July 2018

Article 2

SCHEDULE

Where the correction is to be madeHow the correction is to be madeText to be substituted, inserted or omitted
Article 8(4)For “London Waste Limited”, substitute

“LondonWaste Limited”

Article 33At the end insert“(3) The undertaker may submit to the Secretary of State a written memorandum explaining any differences between references to the works comprising the Authorised Development used in this Order and those used in the plans and documents submitted for certification in accordance with article 33(1). The Secretary of State may certify such memorandum as being a true and accurate explanation of any differences and any document certified in accordance with article 33(1) shall be interpreted in accordance with the certified memorandum.”
Schedule 1, paragraph 2For subparagraph (7), substitute“(7) Works No. 7 — decommissioning, demolition and removal of the energy from waste facility, demolition and removal of the existing stack, and water pumping station on Ardra Road and making good, within the limits of deviation identified on Works Plan C_0011 Rev 01.”
Schedule 2, paragraph 1For subparagraph (2), substitute“(2) Where an approval of details or other document is required under the terms of any Requirement or where compliance with a document contains the wording “unless otherwise agreed” by the discharging authority, such approval or agreement may only be given if it has been demonstrated to the satisfaction of the discharging authority that the subject matter of the approval or agreement sought does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement; and where any amendment or revision is subsequently sought to such approved or agreed matters they must be minor or immaterial and not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.”
Schedule 3, paragraph 4(7)For “sent out with the relevant time”, substitute“sent outwith the relevant time”
Schedule 5, in the entry in the second row and third column of the table, second paragraphFor “Works to create a new access branching off the section of Lee Park within”, substitute“Works to create a new access branching off the section of Lee Park Way within”
Schedule 8, in the entry in the tenth row and third column of the tableFor “drawing C_0014 Rev 01 of thr works plans”, substitute“drawing C_0014 Rev 01 of the works plans”
Schedule 10, in the entry in the first row and second column of the table, second paragraphFor “utilities listed in Works No. 4(a)(i)to”, substitute“utilities listed in Works No. 4(a)(i) to”
Schedule 13, Part 5, paragraph 9(4)(a)For “sub-paragraphs 9(5) or 9(7); and,”, substitute“sub-paragraphs 9(5) or 9(7); and”
Schedule 13, Part 5, paragraph 9(6)For “Works approved under this paragraph applies must be executed only in accordance with the plan, submitted under sub-paragraph, as approved”, substitute

“Works approved under this paragraph must be executed only in accordance with the plan submitted under sub-paragraph 9(1), as approved”

Schedule 13, Part 5, paragraph 10(5)(a)For “sub-paragraphs 10(6) or 10(8); and,”, substitute“sub-paragraphs 10(6) or 10(8); and”
Schedule 13, Part 5, paragraph 10(9)For “paragraphs 7 and 8 9apply as if the removal of the apparatus”, substitute

“paragraphs 7 to 9 apply as if the removal of the apparatus”

Schedule 13, Part 5, paragraph 12(2)For “skilful and workman like manner”, substitute“skilful and workmanlike manner”
Schedule 13, Part 5, paragraph 14(2)For “consent, agreement or approval to is”, substitute“consent, agreement or approval is”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors and omissions in the North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), a development consent order made under the Planning Act 2008 (c. 29), following a request made under paragraph 1(5)(a) of Schedule 4 to that Act.

(3)

As provided for in Schedule 4 to the Act.

(4)

As defined in paragraph 4 of Schedule 4 to the Act.

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