The South Humber Bank Energy Centre Order 2021
PART 1
PRELIMINARY
1
Citation and commencement
2
Interpretation
3
Electronic Communications
PART 2
PRINCIPAL POWERS
4
Development consent etc. granted by the Order
5
Effect of the Order on the SHBEC planning permission
6
Maintenance of authorised development
7
Operation of authorised development
8
Benefit of the Order
9
Consent to transfer benefit of the Order
PART 3
STREETS
10
Street works
11
Power to alter layout, etc., of streets
12
Construction and maintenance of new or altered means of access
13
Temporary stopping up of streets and public rights of way
14
Agreements with street authorities
PART 4
SUPPLEMENTAL POWERS
15
Discharge of water
16
Authority to survey and investigate the land
PART 5
OPERATIONS
17
Felling or lopping of trees
PART 6
MISCELLANEOUS AND GENERAL
18
Protective provisions
19
Statutory undertakers
20
Apparatus and rights of statutory undertakers in stopped up streets
21
Recovery of costs of new connections
22
Application of landlord and tenant law
23
Operational land for purposes of the 1990 Act
24
Defence to proceedings in respect of statutory nuisance
25
Certification of plans, etc.
26
Service of notices
27
Procedure in relation to certain approvals, etc.
28
Requirements, appeals etc.
29
Arbitration
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
SCHEDULE 2
REQUIREMENTS
1
Interpretation
2
Commencement of the authorised development and notices
3
Approved details and amendments to them
4
Requirement for written approval
5
Detailed design (position and scale)
6
Detailed design (appearance)
7
Retained trees
8
Means of enclosure and hard landscaping
9
Lighting scheme
10
Soft landscaping
11
Biodiversity protection
12
Biodiversity mitigation and enhancement
13
Surface water drainage
14
Foul water drainage
15
Construction environmental management plan
16
Construction traffic management and travel planning
17
Piling
18
Temporary halting of development on finding unexpected contamination
19
Investigation and remediation of contamination
20
Implementation of remediation scheme
21
Procedure in cases of unexpected contamination
22
Flood risk mitigation
23
Flood warning and evacuation plan
24
Delivery and servicing plan
25
Operational travel plan
26
Visibility splays
27
New highway access
28
Parking
29
Road condition survey
30
Air safety
31
Fuel type
32
Fuel storage
33
Decommissioning
34
Amendments agreed by the relevant planning authority
35
Combined heat and power
36
Anticipatory steps towards compliance with any requirement
37
Heavy goods vehicle prohibition
38
Development consent obligation
SCHEDULE 3
DEEMED APPROVAL OF MATTERS REFERRED TO IN REQUIREMENTS
SCHEDULE 4
STREETS SUBJECT TO STREET WORKS
SCHEDULE 5
STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
SCHEDULE 6
ACCESS
PART 1
THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE
PART 2
THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY
SCHEDULE 7
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 8
PROTECTIVE PROVISIONS
PART 1
FOR THE PROTECTION OF ANGLIAN WATER
1
For the protection of Anglian Water, the following provisions have...
2
In this Part of this Schedule— “alternative apparatus” means alternative...
3
The undertaker must not interfere with, build over or near...
4
The alteration, extension, removal or re-location of any apparatus must...
5
Regardless of any provision in this Order or anything shown...
6
If in consequence of the exercise of the powers conferred...
7
If in consequence of the exercise of the powers conferred...
8
If for any reason as a result of the construction...
9
To the extent (but not greater) that Anglian Water has...
PART 2
FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
10
Application
11
Interpretation
12
Apparatus of Undertakers in stopped up streets
13
Acquisition of apparatus
14
Removal of apparatus
15
Facilities and rights for alternative apparatus
16
Retained apparatus: protection Gas Undertakers
17
Retained apparatus: Protection: Electricity Undertakers
18
Expenses
19
Indemnity
20
Enactments and agreements
21
Co-operation
22
Access
23
Arbitration
24
Notices
PART 3
FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
25
For the protection of the utility undertakers referred to in...
26
In this Part— “alternative apparatus” means alternative apparatus adequate to...
27
This Part does not apply to apparatus in respect of...
28
Regardless of the temporary stopping up of streets and public...
29
Regardless of any provision in this Order or anything shown...
30
(1) If, in the exercise of the powers conferred by...
31
(1) Where, in accordance with the provisions of this Part...
32
(1) Not less than 28 days before starting the construction...
33
(1) Subject to the following provisions of this paragraph, the...
34
(1) Subject to sub-paragraphs (2) and (3), if by reason...
35
Nothing in this Part of this Schedule affects the provisions...
PART 4
FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
36
(1) For the protection of any operator, the following provisions...
37
The exercise of the powers of article 19 (statutory undertakers)...
38
(1) Subject to sub-paragraphs (2) to (4), if as the...
39
This Part of this Schedule does not apply to—
40
Nothing in this Part of this Schedule affects the provisions...
PART 5
FOR THE PROTECTION OF NETWORK RAIL
41
For the protection of Network Rail as defined in this...
42
In this part of this Schedule— “Network Rail” means Network...
43
(1) Where under this Part Network Rail is required to...
44
(1) The undertaker must not submit the construction traffic management...
45
(1) The undertaker must not submit the delivery and servicing...
46
The undertaker must repay to Network Rail all reasonable fees,...
47
(1) The undertaker must pay to Network Rail all reasonable...
48
Nothing in this Order, or in any enactment incorporated with...
2021 No. 1259

Infrastructure Planning

The South Humber Bank Energy Centre Order 2021
Made
10th November 2021
Coming into force
2nd December 2021
An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and Part 5 of the Planning Act 2008 for an Order granting development consent.
The application was examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 .
The Secretary of State, in accordance with section 104(2) of the 2008 Act, has had regard to the documents and matters referred to in that section which the Secretary of State thinks are both important and relevant to his decision.
The Secretary of State, having considered the representations made and not withdrawn and the application with the documents that accompanied the application, has determined to make an Order giving effect to the proposals comprised in the application.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order—
S.I. 2009/2264, as amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
S.I. 2010/103, as amended by S.I. 2012/635.