The National Grid (Hinkley Point C Connection Project) Order 2016
| Year | 2016 |
2016 No. 49
Infrastructure Planning
The National Grid (Hinkley Point C Connection Project) Order 2016
Made 19th January 2016
Coming into force 9th February 2016
An application under section 37 of the Planning Act 20081(the “2008 Act”) has been made to the Secretary of State for an order granting development consent.
The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20092and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State is satisfied that the special category land within the order limits, when burdened with the rights imposed by this Order, will be no less advantageous than it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public; and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
Accordingly, the Secretary of State, in exercise of the powers in section 114 and 120 of the 2008 Act, makes the following Order:
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the National Grid (Hinkley Point C Connection Project) Order 2016 and comes into force on the 9th February 2016.
Interpretation
2.—(1) In this Order, unless the context requires otherwise—
“1961 Act” means the Land Compensation Act 19613;
“1965 Act” means the Compulsory Purchase Act 19654;
“1980 Act” means the Highways Act 19805;
“1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19816;
“1984 Act” means the Road Traffic Regulation Act 19847;
“1990 Act” means the Town and Country Planning Act 19908;
“1991 Act” means the New Roads and Street Works Act 19919;
“2008 Act” means the Planning Act 2008;
“2009 Act” means the Marine and Coastal Access Act 200910;
“access and rights of way plans” means the plans listed in Part 1 of Schedule 2 (plans) and certified as the access and rights of way plans by the Secretary of State for the purposes of this Order;
“Archaeological Written Scheme of Investigation” means the scheme included as part of the CEMP identifying steps to mitigate predicted effects on archaeology, geo-archaeology, paleao-environmental and historic landscape heritage assets during construction of the authorised development;
“authorised development” means the development and associated 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;
“Biodiversity Mitigation Strategy” means the strategy included as part of the CEMP incorporating measures to avoid, reduce, mitigate and compensate for likely adverse effects on ecological receptors arising from the construction of the authorised development;
“Book of Reference” means the Book of Reference certified under article 44 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;
“business day” means Monday to Friday excluding Bank Holidays and other public holidays;
“carriageway” has the same meaning as in the 1980 Act;
“CEMP” means the Construction Environmental Management Plan (Document 5.26.1C) together with the Archaeological Written Scheme of Investigation (Document 5.26.4C), the Biodiversity Mitigation Strategy (Document 5.26.3C) the Construction Traffic Management Plan (Document 5.26.5C), the Noise and Vibration Management Plan (Document 5.26.7B), the Public Rights of Way Management Plan (Document 5.26.6C) and the Waste Management Plan (Document 5.26.2C) which incorporates the findings and recommendations of the Environmental Statement, certified under article 44 (certification of plans etc.);
“Construction Traffic Management Plan” means the plan included as part of the CEMP incorporating strategies and measures to limit the impact on existing users of the public highway network arising from construction of the authorised development;
“Deemed Marine Licence” means the marine licence set out in Schedule 9;
“design drawings” means the drawings and sections listed in Part 2 of Schedule 2 (plans) and certified as the design drawings certified by the Secretary of State for the purposes of this Order;
“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 (May 2014 – Documents 5.1 to 5.7.3.13, 5.8.1 to 5.19, 5.22.1, 5.22.2.1 to 5.22.3, 5.23.1 to 5.23.4, and 5.24), the environmental statement advertisement for consultation on increased pylon height within Bristol Port, Avonmouth (June 2015 - Document 5.34.2), National Grid’s report of environmental statement sensitivity test advertisement (March 2015 – Document 8.8) and the documents contained in or named in the consolidated errata and changes (June 2015 – Document 5.30.B.1, 5.30.B.2 and 5.30.B.3) submitted by National Grid to support its application, as set out in the Guide to the Application Document 1.7I including Document 5.21.2A incorrectly referred to as superseded, Document 5.22.1A referred to as the latest when it is supplementary, but excluding Document 5.27 which does not form part of the Environmental Statement;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“Land Plans” mean the relevant plans listed in Part 3 of Schedule 2 (plans) and certified as the Land Plans by the Secretary of State for the purposes of this Order, and references to a particular Land Plan must be construed accordingly;
“Landscape Drawings” mean the drawings listed in Part 9 of Schedule 2 (plans) and certified as the Landscape Drawings by the Secretary of State for the purposes of this Order, and references to a particular Landscape Drawing must be construed accordingly;
“limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation) and shown on the Works Plans;
“main river” has the same meaning as in Part 4 of the Water Resources Act 199111;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the Environmental Statement, and any derivative of “maintain” must be construed accordingly;
“MMO” means the Marine Management Organisation;
“National Grid” means National Grid Electricity Transmission plc (registered company number 2366977);
“Noise and Vibration Management Plan” means the plan included as part of the CEMP incorporating procedures for the management of noise and vibration arising from the construction of the authorised development;
“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 Land Plans and 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 198112;
“Port Authority” means First Corporate Shipping Limited (registered company number 2542406) trading as The Bristol Port Company, being the statutory harbour authority and competent harbour authority for the Port of Bristol, and includes its harbour master;
“Public Rights of Navigation Plan” means the plan listed in Part 4 of Schedule 2 (plans) and certified as the Public Rights of Navigation Plan by the Secretary of State for the purposes of this Order;
“Public Rights of Way Management Plan” means the plan included as part of the CEMP detailing measures to manage the temporary closure of public footpaths arising from the construction of the authorised development;
“relevant highway authority” means, in any given provision of this Order, the local highway authority for the area to which the provision relates;
“relevant local authority” means, in any given provision of this Order, the local authority for the area to which the provision relates;
“relevant planning authority” means, in any given provision of this Order, the local planning authority for the area to which the provision relates;
“relevant street authority” means, in any given provision of this Order, the local highway authority for the area to which the provision relates;
“Requirements” means the Requirements listed in Schedule 3, and any numbered Requirement must be construed accordingly.
“the sections” means the sections included as part of the design drawings and listed in Part 2(a) of Schedule 2 (plans);
“Special Category Land and Crown Land Plans” means the plans listed in Part 5 of Schedule 2 (plans) and certified as the Special Category Land and Crown Land Plans by the Secretary of State for the purposes of this Order;
“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 construction works” means Works Nos. 2D and 3B;
“traffic” has the same meaning as in section 329(1) of the 1980 Act;
“traffic authority” has the same meaning as in the...
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