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The South Humber Bank Energy Centre Order 2021

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Electronic Communications

  3. PART 2 PRINCIPAL POWERS

    1. 4.Development consent etc. granted by the Order

    2. 5.Effect of the Order on the SHBEC planning permission

    3. 6.Maintenance of authorised development

    4. 7.Operation of authorised development

    5. 8.Benefit of the Order

    6. 9.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 10.Street works

    2. 11.Power to alter layout, etc., of streets

    3. 12.Construction and maintenance of new or altered means of access

    4. 13.Temporary stopping up of streets and public rights of way

    5. 14.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 15.Discharge of water

    2. 16.Authority to survey and investigate the land

  6. PART 5 OPERATIONS

    1. 17.Felling or lopping of trees

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 18.Protective provisions

    2. 19.Statutory undertakers

    3. 20.Apparatus and rights of statutory undertakers in stopped up streets

    4. 21.Recovery of costs of new connections

    5. 22.Application of landlord and tenant law

    6. 23.Operational land for purposes of the 1990 Act

    7. 24.Defence to proceedings in respect of statutory nuisance

    8. 25.Certification of plans, etc.

    9. 26.Service of notices

    10. 27.Procedure in relation to certain approvals, etc.

    11. 28.Requirements, appeals etc.

    12. 29.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development and notices

      3. 3.Approved details and amendments to them

      4. 4.Requirement for written approval

      5. 5.Detailed design (position and scale)

      6. 6.Detailed design (appearance)

      7. 7.Retained trees

      8. 8.Means of enclosure and hard landscaping

      9. 9.Lighting scheme

      10. 10.Soft landscaping

      11. 11.Biodiversity protection

      12. 12.Biodiversity mitigation and enhancement

      13. 13.Surface water drainage

      14. 14.Foul water drainage

      15. 15.Construction environmental management plan

      16. 16.Construction traffic management and travel planning

      17. 17.Piling

      18. 18.Temporary halting of development on finding unexpected contamination

      19. 19.Investigation and remediation of contamination

      20. 20.Implementation of remediation scheme

      21. 21.Procedure in cases of unexpected contamination

      22. 22.Flood risk mitigation

      23. 23.Flood warning and evacuation plan

      24. 24.Delivery and servicing plan

      25. 25.Operational travel plan

      26. 26.Visibility splays

      27. 27.New highway access

      28. 28.Parking

      29. 29.Road condition survey

      30. 30.Air safety

      31. 31.Fuel type

      32. 32.Fuel storage

      33. 33.Decommissioning

      34. 34.Amendments agreed by the relevant planning authority

      35. 35.Combined heat and power

      36. 36.Anticipatory steps towards compliance with any requirement

      37. 37.Heavy goods vehicle prohibition

      38. 38.Development consent obligation

    3. SCHEDULE 3

      DEEMED APPROVAL OF MATTERS REFERRED TO IN REQUIREMENTS

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

    6. SCHEDULE 6

      ACCESS

      1. PART 1 THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE

      2. PART 2 THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY

    7. SCHEDULE 7

      STREETS TO BE TEMPORARILY STOPPED UP

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ANGLIAN WATER

        1. 1.For the protection of Anglian Water, the following provisions have...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.The undertaker must not interfere with, build over or near...

        4. 4.The alteration, extension, removal or re-location of any apparatus must...

        5. 5.Regardless of any provision in this Order or anything shown...

        6. 6.If in consequence of the exercise of the powers conferred...

        7. 7.If in consequence of the exercise of the powers conferred...

        8. 8.If for any reason as a result of the construction...

        9. 9.To the extent (but not greater) that Anglian Water has...

      2. PART 2 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. 10.Application

        2. 11.Interpretation

        3. 12.Apparatus of Undertakers in stopped up streets

        4. 13.Acquisition of apparatus

        5. 14.Removal of apparatus

        6. 15.Facilities and rights for alternative apparatus

        7. 16.Retained apparatus: protection Gas Undertakers

        8. 17.Retained apparatus: Protection: Electricity Undertakers

        9. 18.Expenses

        10. 19.Indemnity

        11. 20.Enactments and agreements

        12. 21.Co-operation

        13. 22.Access

        14. 23.Arbitration

        15. 24.Notices

      3. PART 3 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 25.For the protection of the utility undertakers referred to in...

        2. 26.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 27.This Part does not apply to apparatus in respect of...

        4. 28.Regardless of the temporary stopping up of streets and public...

        5. 29.Regardless of any provision in this Order or anything shown...

        6. 30.(1) If, in the exercise of the powers conferred by...

        7. 31.(1) Where, in accordance with the provisions of this Part...

        8. 32.(1) Not less than 28 days before starting the construction...

        9. 33.(1) Subject to the following provisions of this paragraph, the...

        10. 34.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 35.Nothing in this Part of this Schedule affects the provisions...

      4. PART 4 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 36.(1) For the protection of any operator, the following provisions...

        2. 37.The exercise of the powers of article 19 (statutory undertakers)...

        3. 38.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 39.This Part of this Schedule does not apply to—

        5. 40.Nothing in this Part of this Schedule affects the provisions...

      5. PART 5 FOR THE PROTECTION OF NETWORK RAIL

        1. 41.For the protection of Network Rail as defined in this...

        2. 42.In this part of this Schedule— “Network Rail” means Network...

        3. 43.(1) Where under this Part Network Rail is required to...

        4. 44.(1) The undertaker must not submit the construction traffic management...

        5. 45.(1) The undertaker must not submit the delivery and servicing...

        6. 46.The undertaker must repay to Network Rail all reasonable fees,...

        7. 47.(1) The undertaker must pay to Network Rail all reasonable...

        8. 48.Nothing in this Order, or in any enactment incorporated with...

  10. Explanatory Note

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