The Riverside Energy Park Order 2020

Disapplication of legislative provisions and modifications to section 36 consent and RRRF planning permission E+W

6.—(1) The provisions of any bylaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw – making powers of the authority) to the Water Resources Act 1991M1 do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development.

(2) Regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 does not apply in respect of any flood risk activity carried out under the powers conferred by this Order.

(3) The section 36 consent and the RRRF planning permission are to be amended for the purposes of this Order only as set out in Schedule 13 (modifications to the section 36 consent and RRRF planning permission).

[F1 (4) To the extent that there is an inconsistency on the land coloured brown identified on the REP and RRRF Applications Boundaries Plan between any provision of this Order and all or any of RRRF condition 1, RRRF condition 22, RRRF condition 32, RRRF 2021 condition 1, RRRF 2021 condition 22 or RRRF 2021 condition 32 then, in respect of such inconsistency only, there is deemed to be no breach of all or any of RRRF condition 1, RRRF condition 22, RRRF condition 32, RRRF 2021 condition 1, RRRF 2021 condition 22 or RRRF 2021 condition 32 (as applicable) and no enforcement action can be taken following the carrying out of the pre-commencement works, commencement or operation of the authorised development.]

(5) In the event that planning permission 15/02926/OUTM is implemented and the land which is the subject of that planning permission is subsequently used for the temporary uses as authorised under this Order, a new planning permission is not required for the resumption of the land's development and use for which planning permission 15/02926/OUTM grants consent following the end of the temporary uses authorised under this Order.

(6) The provisions of the Neighbourhood Planning Act 2017M2 in so far as they relate to temporary possession of land under articles 31 (temporary use of land for carrying out the authorised development) and 32 (temporary use of land for maintaining the authorised development) of this Order do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development.

Textual Amendments

F1 Art. 6(4) substituted (17.2.2023) by The Riverside Energy Park (Amendment) Order 2023 (S.I. 2023/165), arts. 1, 4

Commencement Information

I1 Art. 6 in force at 1.5.2020, see art. 1

Marginal Citations

M1 1991 c. 57

M2 2017 c. 20