Interpretation2.
(1)
In this Order—
“the 2008 Act” means the Planning Act 2008;
“Advent Way” means Advent Way, Edmonton, London N18 3AB;
“apparatus” includes pipes, conduits, wires, sewers, drains, tunnels, cables and associated above and below ground structures and any structure for the lodging of apparatus in or for gaining access to apparatus within the Order limits;
“Ardra Road” means Ardra Road, Edmonton, London N9 0BD;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 of the 2008 Act;
“book of reference” means the document certified by the Secretary of State as the book of reference for the purposes of this Order under article 33 (certification of documents and plans);
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in section 329 of the 1980 Act;
“cctv” means closed-circuit television cameras and equipment, mounting poles and associated cables;
“code of construction practice” means the document certified by the Secretary of State as the code of construction practice for the purposes of this Order under article 33 (certification of documents and plans);
“commence” means begin to carry out any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of enabling works and the temporary display of site notices or advertisements for the purposes of the authorised development, to the extent that they do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement and “commencement” is to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“DCO Schedules 6-8 explanatory diagrams” means the explanatory diagrams relating to Schedule 6 (public rights of way to be temporarily suspended), Schedule 7 (public rights of way to be extinguished) and Schedule 8 (streets to be temporarily stopped up) certified by the Secretary of State for the purposes of this Order under article 33 (certification of documents and plans);
“design code principles” means the document certified by the Secretary of State as the design code principles for the purposes of this Order under article 33 (certification of documents and plans);
“discharging authority” means the relevant authority, body or person responsible under the provisions of this Order for approving, consenting or discharging any matter;
“Edmonton EcoPark” means the land at Edmonton EcoPark, Advent Way, London N18 3AG, the location of which is shown on drawing number A_0003 Rev 00 of the site location plans;
“electricity and heat generating station” means Works No. 1a;
“enabling works” includes surveying, land clearance, geological testing and sampling, environmental and hazardous substance testing and sampling (including the making of trial boreholes, window sampling and test pits in connection with such testing and sampling), soil tests, pegging out, tree protection, ecological survey and mitigation works, archaeological investigation, removal of minor and re-locatable buildings and structures (other than the works described in Works No. 7), creation of enabling works accesses (other than the creation of the new accesses to the north and east of the Edmonton EcoPark and the widening of the existing access to the south of the Edmonton EcoPark), and for works falling within this definition, the erection of fencing, hoarding or any other means of temporary enclosure, temporary facilities including re-locatable buildings, connections to utilities, and in all cases which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement;
“energy from waste facility” means all existing buildings, structures and plant comprising the existing generating station at the Edmonton EcoPark and includes the waste reception hall, bunkers, cranes, grate fired boilers, ash handling system, flue gas cleaning system, waste water treatment plant, chimney stack and flues, turbine hall and electrical system and water cooled condensers;
“environmental commitments and mitigation schedule” means the document certified by the Secretary of State as the environmental commitments and mitigation schedule for the purposes of this Order under article 33 (certification of documents and plans);
“environmental statement” means the document certified by the Secretary of State as the environmental statement for the purposes of this Order under article 33 (certification of documents and plans);
“full operation” means the period of the authorised development’s operation starting from the end of the transitional period;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“land clearance” means works to clear land of surface vegetation and to remove detritus;
“land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order under article 33 (certification of documents and plans);
“Lee Park Way” means Lee Park Way, Edmonton, London N18 3AB;
“maintain” includes to keep up, preserve, conserve, inspect, repair, landscape, plant and re-plant, adjust, alter, remove, clear, refurbish, reconstruct, replace and improve the authorised development, but not so as to vary from the description of the authorised development in Schedule 1 and provided it does not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and “maintenance” is to be construed accordingly;
“Meridian Way” means Meridian Way, Edmonton, London N9 0AR;
“National Grid” means National Grid Electricity Transmission Plc and National Grid Gas Distribution Limited, and their successors in title, assigns and any other person exercising their powers;
“operational site” means the area shown hatched green on drawing number A_0004 Rev 00 of the site location plans;
“Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;
“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;
“relevant planning authority” means the London Borough of Enfield;
“Requirements” means the requirements set out in Schedule 2 (requirements); and a reference to a numbered Requirement is a reference to the requirement imposed by the corresponding numbered paragraph of that Schedule;
“stage” means a stage of construction of the authorised development as approved under Requirement 3 and excludes enabling works;
“statutory undertaker” means any person falling within section 127(8) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, 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 Act;
“temporary laydown area” means the land within plot numbers 16, 18, 19, 20 and 21, as shown on the land plans;
“transitional period” is the period during which the energy from waste facility and the electricity and heat generating station are operating at the same time;
“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; and
“works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order under article 33 (certification of documents and plans).
(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 airspace above its surface.
(3)
All distances, directions and lengths referred to in this Order are approximate.
(4)
A reference in this Order to “Works” identified by a number is a reference to the Works of the number described in Schedule 1 (authorised development) and shown on the works plans.