The Glyn Rhonwy Pumped Storage Generating Station (Correction) Order 2017

Statutory Instruments

2017 No. 969

Infrastructure Planning

The Glyn Rhonwy Pumped Storage Generating Station (Correction) Order 2017

Made

5th October 2017

Coming into force

6th October 2017

The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of the Act(3).

Before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant(4) for the correction of errors and omissions in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed Gwynedd County Council that the request has been received.

The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Glyn Rhonwy Pumped Storage Generating Station (Correction) Order 2017 and comes into force on 6th October 2017.

Corrections

2.  The corrections to be made to the Glyn Rhonwy Pumped Storage Generating Station Order 2017 are set out in the table in the Schedule to this Order, where—

(a) column 1 sets out where the correction is to be made;

(b) column 2 sets out how the correction is to be made; and

(c) column 3 sets out the text to be substituted, inserted or omitted.

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Emily Bourne

Director of Energy Development Unit

Department for Business, Energy and Industrial Strategy

5th October 2017

Article 2

SCHEDULE

Table

Where the correction is to be made	How the correction is to be made	Text to be substituted, inserted or omitted
Article 2 (Interpretation)	Omit	Definition of “book of reference”
Article 2 (Interpretation)	Omit	Definition of “land plans”
Article 30(1) (Certification of plans etc)	Omit	Article 30(1)(a)
Article 30(1) (Certification of plans etc)	Omit	Article 30(1)(b)
Schedule 1, Part 2, Requirements	For paragraph 20(11)(c), substitute	“(c) the authorised project is to be taken as “to be abandoned” where following commencement of development but prior to the commencement of generation, the undertaker knows that no construction work will be carried out within the next calendar year”
Schedule 1, Part 2, Requirements	Omit	Paragraph 21(2)(a)
Schedule 1, Part 2, Requirements	In paragraph 21(3), following “of the environmental statement”, insert	“Where access is given by the landowner and any tenant in occupation at the time, surveys for the authorised development are required. The Undertaker will include the existing bomb store identified in chapter 11 of the environmental statement within the pre-commencement survey and the watching brief forming part of the archaeological compensation and enhancement strategy”
Schedule 6, Part 2, Protection for Dwr Cymru Cyfyngedig (DCC)	For paragraph 3(1), substitute	“(1) Regardless of any provision in this Order the undertaker is not to acquire any DCC apparatus or its accessories or override or extinguish any easement or other interest of DCC or acquire any land or other interest of DCC or create any new rights over the same otherwise than by agreement with DCC in accordance with the provisions of this Schedule.”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors and omissions in the Glyn Rhonwy Pumped Storage Generating Station Order 2017, a development consent order made under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to that Act. The amendments correct minor errors and remove incorrect references to the “book of reference” and “land plans” that are unnecessary given the exclusion of compulsory purchase provisions from the Order as made.

(1)

S.I. 2017/330.

(2)

2008 c.29.

(3)

As provided for in Schedule 4 to the Act.

(4)

As defined in paragraph 4 of Schedule 4 to the Act.