Search Legislation

Advanced Search

The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  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.Maintenance of authorised development

    3. 5.Limits of deviation

    4. 6.Benefit of the Order

    5. 7.Consent to transfer benefit of the Order

    6. 8.Planning Permission

    7. 9.Application of the 1990 Act

    8. 10.Application of the Community Infrastructure Levy Regulations 2010

  4. PART 3 STREETS

    1. 11.Street works

    2. 12.Application of the 1991 Act

    3. 13.Power to alter layout, etc. of streets

    4. 14.Temporary closure of streets, cycle tracks and public rights of way

    5. 15.Use of private roads for construction

    6. 16.Access to works

    7. 17.Construction, alteration and maintenance of streets

    8. 18.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 19.Discharge of water

    2. 20.Protective work to land, buildings, structures, apparatus or equipment

    3. 21.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 22.Compulsory acquisition of land

    2. 23.Compulsory acquisition of land – incorporation of the mineral code

    3. 24.Time limit for exercise of authority to acquire land and rights compulsorily

    4. 25.Compulsory acquisition of rights

    5. 26.Extinguishment and suspension of private rights

    6. 27.Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession

    7. 28.Power to override easements and other rights

    8. 29.Disregard of certain interests and improvements

    9. 30.Set-off for enhancement in value of retained land

    10. 31.No double recovery

    11. 32.Modification of Part 1 of the 1965 Act

    12. 33.Application of the 1981 Act

    13. 34.Acquisition of subsoil or airspace only

    14. 35.Use of subsoil under or airspace over streets

    15. 36.Temporary use of land by National Grid

    16. 37.Temporary use of land by NPG

    17. 38.Temporary use of land by NGN

    18. 39.Temporary use of land for maintaining the authorised development

    19. 40.Statutory undertakers

    20. 41.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 42.Application of landlord and tenant law

    2. 43.Defence to proceedings in respect of statutory nuisance

    3. 44.Maintenance of drainage works

    4. 45.Traffic regulation

    5. 46.Felling or lopping of trees and removal of hedgerows

    6. 47.Protection of interests

    7. 48.Certification of plans, etc.

    8. 49.Service of notices

    9. 50.Procedure regarding certain approvals, etc.

    10. 51.Amendment of local legislation

    11. 52.Arbitration

    12. 53.Temporary closure of, and works in, the river Ouse

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. OSBALDWICK SUBSTATION

        1. Work No. 1 – Osbaldwick Substation and YR overhead electric line

      2. OVERHEAD ELECTRIC LINES AND OVERTON SUBSTATION (NORTH WEST OF YORK)

        1. Work No. 2 – YR/2TW overhead electric line and YN overhead electric line

        2. Work No. U1 – Utility Undergrounding

        3. Work No. 3 – YN overhead electric line

        4. Work No. U2

        5. Work No. U3

        6. Work No. 4 – Overton Substation

        7. Work No. 5 – SP and XCP overhead electric lines

        8. Work No. 6 – XC and XCP overhead electric lines, and XC overhead electric line

        9. Work No. U4

        10. Work No. U5

      3. OVERHEAD ELECTRIC LINES (MOOR MONKTON TO TADCASTER)

        1. Work No. 7 – XC overhead electric line

        2. Work No. U6

      4. OVERHEAD ELECTRIC LINES (TADCASTER)

        1. Work No. 8 – XC and XD overhead electric lines

        2. Work No. U7

        3. Work No. U8

      5. OVERHEAD ELECTRIC LINES (TADCASTER TO MONK FRYSTON)

        1. Work No. 9 – XC overhead electric line

        2. Work No. U9

        3. Work No. U10

        4. Work No. U11

        5. Work No. U12

        6. Work No. U13

      6. OVERHEAD ELECTRIC LINES AND MONK FRYSTON SUBSTATION

        1. Work No. 10 – XC overhead electric line

        2. Work No. 11 – Monk Fryston Substation

    2. SCHEDULE 2

      PLANS, DRAWINGS AND ENVIRONMENTAL STATEMENT

      1. PART 1 ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLAN

      2. PART 2 DESIGN DRAWINGS

      3. PART 3 EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER PRIVATE RIGHTS PLANS

      4. PART 4 LAND PLAN

      5. PART 5 OUTLINE LANDSCAPE MITIGATION STRATEGY

      6. PART 6 TRAFFIC REGULATION ORDER PLAN

      7. PART 7 WORKS PLAN

      8. PART 8 ENVIRONMENTAL STATEMENT DOCUMENTS

    3. SCHEDULE 3

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time limits

      3. 3.Design drawings

      4. 4.Stages of authorised development

      5. 5.Construction management plans

      6. 6.Construction management plans to be approved

      7. 7.Construction hours

      8. 8.Landscaping at Overton, Tadcaster and Monk Fryston

      9. 9.Retention and protection of existing trees

      10. 10.Replacement planting

      11. 11.Reinstatement schemes

      12. 12.Contamination of land or groundwater and controlled waters

      13. 13.Removal of temporary bridges and culverts

      14. 14.Highway works

      15. 15.Removal of existing overhead line

      16. 16.Decommissioning

      17. 17.Clearance over the River Ouse

      18. 18.Approval of details having regard to the Design Approach to Site Specific Infrastructure

      19. 19.Site specific mitigation scheme

    4. SCHEDULE 4

      DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under requirements

      2. 2.Fees

      3. 3.Appeals

      4. 4.Outcome of appeals

      5. 5.Interpretation of Schedule 4

    5. SCHEDULE 5

      BENEFIT OF THE ORDER RULES

      1. NPG Works

        1. 1.NPG may not carry out the NPG Works under sub-paragraph...

        2. 2.If NPG fails to carry out any of the NPG...

        3. 3.On the date specified in any notice under paragraph (2)...

        4. 4.Where a notice is issued under paragraph (2), paragraph (3)...

      2. NGN Works

        1. 5.NGN may not carry out the NGN Works under sub-paragraph...

        2. 6.If NGN fails to carry out any of the NGN...

        3. 7.On the date specified in any notice under paragraph (6)...

        4. 8.Where a notice is issued under paragraph (6), paragraph (7)...

      3. General

        1. 9.The exercise by NPG or NGN of any benefits or...

        2. 10.Article 52 (arbitration) has effect in relation to any dispute...

    6. SCHEDULE 6

      STREETS SUBJECT TO STREET WORKS

    7. SCHEDULE 7

      STREETS SUBJECT TO ALTERATION OF LAYOUT

      1. PART 1 STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

        1. North Yorkshire Council

      2. PART 2 STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

        1. City of York Council

        2. North Yorkshire Council

    8. SCHEDULE 8

      STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

      1. PART 1 STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED

      2. PART 2 STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED

    9. SCHEDULE 9

      ACCESS TO WORKS

      1. PART 1 CITY OF YORK COUNCIL

      2. PART 2 LEEDS CITY COUNCIL

      3. PART 3 NORTH YORKSHIRE COUNCIL

    10. SCHEDULE 10

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.Application of the 1965 Act

      4. 4.For section 7 of the 1965 Act (measure of compensation)...

      5. 5.For section 8 of the 1965 Act (provisions as to...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Act (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (protection for interests of...

      9. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    11. SCHEDULE 11

      EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION

      1. PART 1 NATIONAL GRID

      2. PART 2 NPG

    12. SCHEDULE 12

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

      1. PART 1 NATIONAL GRID

      2. PART 2 NPG

      3. PART 3 NGN

    13. SCHEDULE 13

      LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED

      1. PART 1 NATIONAL GRID

      2. PART 2 NPG

      3. PART 3 NGN

    14. SCHEDULE 14

      TRAFFIC REGULATION

    15. SCHEDULE 15

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.For the protectionof the statutory undertakers referred to in this...

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

        3. 3.This Part of this Schedule does not apply to apparatus...

        4. 4.(1) If, in the exercise of the powers conferred by...

        5. 5.(1) Not less than 28 days before starting the execution...

        6. 6.(1) Subject to the following provisions of this paragraph, the...

      2. PART 2 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 7.(1) For the protection of any operator, the following provisions,...

        2. 8.The exercise of the powers of article 40 (statutory undertakers)...

        3. 9.(1) Subject to sub-paragraphs (2) to (3), if as the...

        4. 10.This Part of this Schedule does not apply to—

        5. 11.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF THE CANAL & RIVER TRUST

        1. 12.Interpretation

        2. 13.Notice to be given prior to specified works

        3. 14.Fencing

        4. 15.Survey of waterway

        5. 16.Approval of plans etc.

        6. 17.Failure to complete specified works

        7. 18.Lighting

        8. 19.Construction of specified works

        9. 20.Access to work – provision of information

        10. 21.Maintenance of works

        11. 22.Repayment of the Trust’s fees, etc.

        12. 23.Making good of detriment; compensation and indemnity, etc.

        13. 24.Arbitration

        14. 25.As built drawings

      4. PART 4 FOR THE PROTECTION OF RAILWAY INTERESTS

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

        2. 27.In this Part of this Schedule— “asset protection agreement” means...

        3. 28.(1) Where under this Part of this Schedule Network Rail...

        4. 29.(1) Subject to sub-paragraph (2) the undertaker must not exercise...

        5. 30.(1) The undertaker must before commencing construction of any specified...

        6. 31.(1) Any specified work and any protective works to be...

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

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

        9. 34.(1) If any permanent or temporary alterations or additions to...

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

        11. 36.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

        13. 38.The undertaker must not provide any illumination or illuminated sign...

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

        15. 40.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

        20. 45.The undertaker must give written notice to Network Rail if...

        21. 46.The undertaker must no later than 28 days from the...

      5. PART 5 FOR THE PROTECTION OF NORTHERN POWERGRID

        1. 47.For the protection of Northern Powergrid the following provisions have...

        2. 48.In this Part of this Schedule— “1991 Act” means the...

        3. 49.This Part of this Schedule does not apply to apparatus...

        4. 50.Regardless of any provision in this Order or anything shown...

        5. 51.(1) If, in the exercise of the powers conferred by...

        6. 52.(1) Where, in accordance with the provisions of this Part...

        7. 53.(1) Not less than 48 days before starting the execution...

        8. 54.(1) Subject to the following provisions of this paragraph, the...

        9. 55.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 56.Nothing in this Part of this Schedule affects the provisions...

        11. 57.Where in consequence of the proposed construction of any of...

        12. 58.If in consequence of an agreement reached in accordance with...

        13. 59.The plans submitted to Northern Powergrid by the undertaker pursuant...

        14. 60.Where practicable, the undertaker and Northern Powergrid will make reasonable...

      6. PART 6 FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

        1. 61.Application etc.,

        2. 62.Interpretation

        3. 63.General

        4. 64.Notwithstanding the limits of deviation permitted pursuant to article 5...

        5. 65.References to any standards, manuals, contracts, regulations and directives including...

        6. 66.Works outside the Order limits

        7. 67.Prior approvals and security

        8. 68.Construction of the specified works

        9. 69.Payments

        10. 70.Provisional Certificate

        11. 71.Opening

        12. 72.Final condition survey

        13. 73.Defects Period

        14. 74.Final Certificate

        15. 75.Security

        16. 76.Insurance

        17. 77.Indemnity

        18. 78.Maintenance of the specified works

        19. 79.Land

        20. 80.Arbitration

      7. PART 7 FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

        1. 81.Application

        2. 82.Interpretation

        3. 83.On Street Apparatus

        4. 84.Apparatus of NGT in affected streets

        5. 85.Protective works to buildings

        6. 86.Acquisition of land

        7. 87.Removal of apparatus

        8. 88.Facilities and rights for alternative apparatus

        9. 89.Retained apparatus: protection

        10. 90.Expenses

        11. 91.Indemnity

        12. 92.Enactments and agreements

        13. 93.Co-operation

        14. 94.Access

        15. 95.Arbitration

        16. 96.Notices

      8. PART 8 FOR THE PROTECTION OF NORTHERN GAS NETWORK’S APPARATUS

        1. 97.Application

        2. 98.Interpretation

        3. 99.Except for paragraphs 100 (apparatus of Statutory undertaker in affected...

        4. 100.Apparatus of Statutory undertaker in affected streets

        5. 101.Acquisition of land

        6. 102.Removal or diversion of apparatus

        7. 103.Facilities and rights for alternative apparatus

        8. 104.Retained apparatus: protection

        9. 105.Expenses

        10. 106.Enactments and agreements

        11. 107.Co-operation

        12. 108.Access

        13. 109.Arbitration

        14. 110.Works falling outside of development authorised by the Order

        15. 111.Cathodic protection testing

    16. SCHEDULE 16

      AMENDMENT OF LOCAL LEGISLATION

      1. PART 1 LOCAL ENACTMENTS

      2. PART 2 BYELAWS

    17. SCHEDULE 17

      HEDGEROWS WHICH MAY BE REMOVED

  10. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources