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The Thurrock Flexible Generation Plant Development Consent Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

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

    2. 4.Limits of deviation

    3. 5.Maintenance of authorised development

    4. 6.Operation of generating station

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

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

    8. 10.Disapplication of legislation etc.

  4. PART 3 STREETS

    1. 11.Street works

    2. 12.Application of the 1991 Act

    3. 13.Temporary restriction of use of streets

    4. 14.Access to works

    5. 15.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Authority to survey and investigate the land

    3. 18.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION

    1. 19.Compulsory acquisition of land

    2. 20.Statutory authority to override easements and other rights

    3. 21.Time limit for exercise of authority to acquire land compulsorily

    4. 22.Compulsory acquisition of rights

    5. 23.Private rights

    6. 24.Application of the 1981 Act

    7. 25.Acquisition of subsoil only

    8. 26.Modification of Part 1 of the 1965 Act

    9. 27.Rights under or over streets

    10. 28.Temporary use of land for carrying out the authorised development

    11. 29.Temporary use of land for maintaining the authorised development

    12. 30.Statutory undertakers

    13. 31.Apparatus and rights of statutory undertakers in stopped up streets

    14. 32.Recovery of costs of new connections

    15. 33.Special category land

    16. 34.Funding

  7. PART 6 OPERATIONS

    1. 35.Felling or lopping of trees and removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 36.Protective provisions

    2. 37.Operational land for the purposes of the 1990 Act

    3. 38.Certification of plans, etc.

    4. 39.Service of notices

    5. 40.No double recovery

    6. 41.Application of landlord and tenant law

    7. 42.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limit

        3. 3.Notice of commencement of authorised development

        4. 4.Detailed design

        5. 5.Code of construction practice

        6. 6.Construction traffic management plan

        7. 7.Construction worker travel plan

        8. 8.External lighting

        9. 9.Construction hours

        10. 10.Surface and foul water drainage

        11. 11.Flood evacuation plan

        12. 12.Contaminated land

        13. 13.Archaeology

        14. 14.Landscaping and ecological management plan

        15. 15.Construction compound restoration

        16. 16.Operational noise

        17. 17.Local employment and skills strategy

        18. 18.Operational hours

        19. 19.Details to accord with Environmental Statement

        20. 20.Carbon capture readiness

        21. 21.Carbon capture readiness monitoring report

        22. 22.Amendments to approved plans, etc.

        23. 23.Anticipatory steps

        24. 24.Submissions and approvals

      2. PART 2 APPROVAL OF MATTERS SPECIFIED IN REQUIREMENTS

        1. 25.Applications made under requirements

        2. 26.Further information

        3. 27.Provision of information by Consultees

        4. 28.Fees

        5. 29.Appeal

        6. 30.Documents

    3. SCHEDULE 3

      TRAFFIC REGULATION SUSPENSION OF EXISTING TRAFFIC REGULATION ORDERS

    4. SCHEDULE 4

      HIGHWAYS SUBJECT TO TEMPORARY CONTROL OR RESTRICTION

    5. SCHEDULE 5

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN AND IN WHICH ONLY RIGHTS ETC MAY BE ACQUIRED

    6. SCHEDULE 6

      LAND OF WHICH ONLY TEMPORARY POSSESION MAY BE TAKEN

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. 1.Compensation enactments

      2. 2.Without limitation on the scope of paragraph 1, the 1961...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of Part 1 of the 1965 Act

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

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

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

        3. 3.Land not affected by this Part

        4. 4.Apparatus in restricted streets

        5. 5.Acquisition of land

        6. 6.Removal of apparatus

        7. 7.Facilities and rights for alternative apparatus

        8. 8.Retained apparatus

        9. 9.Expenses and costs

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

        11. 11.Cooperation

        12. 12.Nothing in this Part of this Schedule affects the provisions...

        13. 13.Provision for Anglian Water Services Limited

      2. PART 2 FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED

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

        2. 2.In this Part— “Anglian Water” means Anglian Water Services Limited...

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

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

        5. 5.In the situation, where in exercise of the powers conferred...

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

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

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

        9. 9.If for any reason or in consequence of the construction...

        10. 10.Notwithstanding the provisions of article 16(2), for any sewer or...

        11. 11.Where the detailed design for any part of the authorised...

      3. PART 3 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 1.For the protection of any operator, the following provisions have...

        2. 2.In this Part of this Schedule— “the 2003 Act” means...

        3. 3.The exercise of the powers conferred by article 30 (statutory...

        4. 4.(1) Subject to sub-paragraphs (2) to (4), if as a...

        5. 5.This Part of this Schedule does not apply to—

        6. 6.Nothing in this Part of this Schedule affects the provisions...

      4. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 1.The following provisions apply for the protection of the Agency...

        2. 2.In this part of this Schedule— “the Agency” means the...

        3. 3.(1) Before beginning to construct any specified work, the undertaker...

        4. 4.Without limiting paragraph 3 but subject always to the provisions...

        5. 5.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 6.(1) Subject to sub-paragraph (6), the undertaker must from the...

        7. 7.If by reason of the construction of any specified work...

        8. 8.If by reason of construction of a specified work the...

        9. 9.(1) The undertaker must take all such measures as may...

        10. 10.The undertaker shall indemnify the Agency in respect of all...

        11. 11.(1) The undertaker is responsible for and shall indemnify the...

        12. 12.Any dispute arising between the undertaker and the Agency under...

      5. PART 5 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.On Street Apparatus

        4. 4.Apparatus of statutory undertakers in temporarily restricted streets

        5. 5.Acquisition of land

        6. 6.Removal of apparatus

        7. 7.Facilities and rights for alternative apparatus

        8. 8.Retained apparatus: protection of electricity undertaker

        9. 9.Retained apparatus: protection of gas undertaker

        10. 10.Expenses

        11. 11.Enactments and agreements

        12. 12.Co-operation

        13. 13.Access

        14. 14.Arbitration

        15. 15.Notices

      6. PART 6 FOR THE PROTECTION OF NETWORK RAIL

        1. 1.Part to have effect unless otherwise agreed

        2. 2.Interpretation

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

        4. 4.(1) The promoter must not exercise the powers conferred by—...

        5. 5.(1) The promoter must, before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

        7. 7.The promoter must— (a) at all times afford reasonable facilities...

        8. 8.Network Rail must at all times afford reasonable facilities to...

        9. 9.(1) If any permanent or temporary alterations or additions to...

        10. 10.The promoter must repay to Network Rail all reasonable fees,...

        11. 11.(1) In this paragraph— (a) “EMI” means, subject to sub-paragraph...

        12. 12.If at any time after the completion of a specified...

        13. 13.The promoter must not provide any illumination or illuminated sign...

        14. 14.Any additional expenses which Network Rail may reasonably incur in...

        15. 15.(1) The promoter must pay to Network Rail all reasonable...

        16. 16.Network Rail must, on receipt of a request from the...

        17. 17.In the assessment of any sums payable to Network Rail...

        18. 18.The promoter and Network Rail may, subject in the case...

        19. 19.Nothing in this Order, or in any enactment incorporated with...

        20. 20.The promoter must give written notice to Network Rail if...

        21. 21.The promoter must no later than 28 days from the...

      7. PART 7 FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

        1. 1.The provisions of this Part of this Schedule have effect...

        2. 2.In this Part of this Schedule “the affected highways” means...

        3. 3.The undertaker must not exercise the powers conferred by articles...

        4. 4.(1) The undertaker must not in the exercise of the...

        5. 5.(1) At least 56 days before commencing the carrying out...

        6. 6.In exercising the powers conferred by the Order in relation...

        7. 7.(1) Where the undertaker carries out any works to any...

        8. 8.Any person duly appointed by Port of Tilbury London Limited...

        9. 9.(1) Port of Tilbury London Limited may at any time...

        10. 10.(1) The undertaker is to be responsible for, and must...

        11. 11.The fact that any work or thing has been executed...

        12. 12.Save to the extent expressly provided for nothing in this...

        13. 13.With the exception of any duty owed by Port of...

        14. 14.(1) Any difference arising between the undertaker and Port of...

        15. 15.The undertaker must give written notice to Port of Tilbury...

      8. PART 8 FOR THE PROTECTION OF HIGHWAYS ENGLAND COMPANY LIMITED

        1. 1.Application

        2. 2.Interpretation

        3. 3.Approvals

        4. 4.Construction of the authorised development

        5. 5.Payments

        6. 6.Interaction with the Lower Thames Crossing

        7. 7.Expert determination

      9. PART 9 FOR THE PROTECTION OF RWE GENERATION (UK) Plc

        1. 1.The provisions of this part of this Schedule have effect...

        2. 2.(1) ln this Part of this Schedule— “the road” means...

        3. 3.Exercise of Powers

        4. 4.Existing apparatus

        5. 5.Road, proposed road and RWE Undertaking

        6. 6.General

        7. 7.The undertaker and RWE must each act reasonably in connection...

        8. 8.Notices

      10. PART 10 FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL

        1. 1.The provisions of this Part of this Schedule have effect...

        2. 2.In this Part of this Schedule— “costs” will include the...

        3. 3.Road condition surveys

        4. 4.(1) The undertaker will notify the Council of—

        5. 5.(1) The Council will invoice the undertaker for the reasonable...

        6. 6.HGV route remediation

        7. 7.(1) The Council will, having regard to the road condition...

        8. 8.(1) Where the undertaker’s HGV use deviates from the anticipated...

        9. 9.Specified works

        10. 10.(1) Any officer of the Council duly appointed for the...

        11. 11.The undertaker must, if reasonably required by the Council, provide...

        12. 12.Level crossing warning illuminated signage

        13. 13.Payment of invoices

        14. 14.Disputes

        15. 15.Indemnity

  11. Explanatory Note

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