The Millbrook Gas Fired Generating Station Order 2019

Statutory Instruments

2019 No. 578

Infrastructure Planning

The Millbrook Gas Fired Generating Station Order 2019

Made

13th March 2019

Coming into force

3rd April 2019

An application under section 37 (applications for orders granting development consent) of the Planning Act 2008(1) (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 (the single appointed person procedure) of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(2). The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 (single appointed person to examine and report on application) of the 2008 Act(3).

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(4) and has had regard to the documents and matters referred to in section 104(2) (decisions in cases where national policy statement has effect) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

In accordance with section 127 (statutory undertakers’ land) of the 2008 Act (5), the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114 (grant or refusal of development consent order), 115 (development for which development consent may be granted), and 120 (what may be included in order granting development consent) of the 2008 Act, makes the following Order—

(1)

2008 c.29: The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27). Transitional provisions are contained in S.I. 2013/1124.

(2)

S.I. 2010/103, amended by S.I. 2012/635.

(3)

2008 c.29. Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of Part 20 of section 25(20) to the Localism Act 2011 (c.20).

(4)

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that instrument.

(5)

2008( c.29), Section 127 was amended by sections 23, (2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraphs 64(1) and (2) of Schedule 13(1) and paragraph 1 of Schedule 25 to the Localism Act 2011 (c.20).