PART 1PRELIMINARY

Interpretation2.

(1)

In this Order—

“1961 Act” means the Land Compensation Act 19613;
“1965 Act” means the Compulsory Purchase Act 19654;
“1980 Act” means the Highways Act 19805;
“1990 Act” means the Town and Country Planning Act 19906;
“1991 Act” means the New Roads and Street Works Act 19917;
“1997 Regulations” means the Hedgerows Regulations 19978;

“2008 Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

“book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act9;
“commence” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act10) forming part of the authorised development other than operations consisting of—

(a)

ecological or archaeological investigations;

(b)

investigations for the purpose of assessing ground conditions;

(c)

remedial work in respect of any contamination or other adverse ground conditions;

(d)

the diversion and laying of services;

(e)

the erection of any temporary means of enclosure;

(f)

the temporary display of site notices or advertisements; and

(g)

for the purpose of the operations referred to in sub-paragraphs (a) to (f), the cutting of vegetation, other than the cutting of vegetation authorised by article 32 (felling or lopping of trees, etc.);

and “commencement” must be construed accordingly;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act11;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“environmental statement” means the environmental statement certified by the Secretary of State as the environmental statement for the purposes of this Order;

“highway” has the same meaning as in the 1980 Act12;

“land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the areas shown on the works plans (within a broken red line) and referred to in article 7 (limits of deviation);

“local highway authority” means Staffordshire County Council or Derbyshire County Council as appropriate for the area in which the land to which the provisions of this Order apply is situated;

“maintain” (except as provided in Part 5 of Schedule 9) includes inspect, maintain, adjust, alter, repair, test, cleanse, re-lay, divert (in accordance with articles 5 (maintenance and diversion of authorised development) and 7 (limits of deviation)), make safe, decommission, reconstruct, demolish, abandon, replace, remove and improve the authorised development or any of its parts (but not so as to vary from the description of the authorised development in Schedule 1); and any derivative of “maintain” must be construed accordingly;

“National Grid Electricity” means National Grid Electricity Transmission plc (company registration number 02366977);

“National Grid Gas” means National Grid Gas plc (company registration number 02006000);

“NG works” means those works to be constructed, owned and operated by National Grid Gas and described in Part 1 of Schedule 1 as (a) Works No.2 (shown on sheet 1 of the works plans) and (b) those works within Works No.3 which comprise National Grid Gas’s part of the above-ground installation, and are shown within the turquoise bounded area on the Yoxall AGI plan;

“Order land” means the land shown on the land plans that is within the limits of land to be acquired or used and described in the book of reference;

“Order limits” means the limits (including the limits of deviation, the works limits and any additional land to be used) shown by a blue line on the works plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198113;

“relevant planning authority” means South Derbyshire District Council or East Staffordshire Borough Council as appropriate for the area in which the land to which the provisions of this Order apply is situated;

“Requirement” means a Requirement set out in Part 2 of Schedule 1; and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of the same number in that Part;

“statutory undertaker” means any person falling within sections 127(8) and 138(4A) of the 2008 Act14 or who has the benefit of the protective provisions in Schedule 9;
“street” means a street within the meaning of section 48 of the 1991 Act15, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act16;

“tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means RWE Generation UK plc17 (company registration number 03892782) or a successor body, or any other person, to whom RWE Generation UK plc transfers or grants any or all of the benefit of this Order in accordance with article 9 (consent to transfer benefit of Order);

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“works limits” means the limits of land shown by a broken green line on the works plans within which the authorised development can be carried out and maintained;

“works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order;

“Yoxall AGI plan” means the plan certified as the Yoxall AGI plan by the Secretary of State for the purposes of this Order;

“Yoxall AGI site” means the land hatched blue on sheet 1 of the works plans and shown on the Yoxall AGI plan.

(2)

References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3)

All distances, directions and lengths referred to in this Order are approximate.

(4)

All areas described in the book of reference are approximate.

(5)

References in this Order to a numbered Work are references to a work numbered in Part 1 of Schedule 1.