The Able Marine Energy Park Development Consent Order 2014
| Jurisdiction | UK Non-devolved |
2014No. 2935
INFRASTRUCTURE PLANNING
HARBOURS, DOCKS, PIERS AND FERRIES
The Able Marine Energy Park Development Consent Order 2014
13thJanuary2014
10thFebruary2014
29thOctober2014
An application has been made to the Infrastructure Planning Commission, in accordance with the Infrastructure Planning (Applications and Prescribed Forms and Procedure) Regulations 2009( 1), for an order under sections 37, 114, 115, 120, and 122 of the Planning Act 2008( 2) ("the 2008 Act").
A Panel of three members ("the Panel") was appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act. The Panel examined the application in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010( 3).
The Panel has considered the representations made and not withdrawn and the application, together with accompanying documents, and has submitted a report to the Secretary of State in accordance with section 74 of the 2008 Act.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application and consent for ancillary works with modifications which, in the opinion of the Secretary of State, do not make any substantial change to the proposals comprised in the application.
The Order authorises the compulsory acquisition of land which has been acquired by statutory undertakers for the purposes of their undertakings. Representations were made by the statutory undertakers concerned about the application for the Order before the completion of the examination of the application, the representations contained objections to the compulsory acquisition of the land and the objections have not been withdrawn.
The Order will not come into force until it has been laid before Parliament and has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965( 4).
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 24, 26, 30A to 32, 32B to 34, 36, and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order-
PART 1
PRELIMINARY
Citation
1. This Order may be cited as the Able Marine Energy Park Development Consent Order 2014.
Interpretation
2. (1) In this Order-
"the 1847 Act" means the Harbours, Docks and Piers Clauses Act 1847( 5);
"the 1961 Act" means the Land Compensation Act 1961( 6);
"the 1965 Act" means the Compulsory Purchase Act 1965( 7);
"the 1980 Act" means the Highways Act 1980( 8);
"the 1984 Act" means the Road Traffic Regulation Act 1984( 9);
"the 1990 Act" means the Town and Country Planning Act 1990( 10);
"the 1991 Act" means the New Roads and Street Works Act 1991( 11);
"the 2008 Act" means the Planning Act 2008;
"AB Ports" means Associated British Ports, company reference number ZC000195, whose principal office is at 71-91 Aldwych, London WC2B 4HN;
"address" includes any number or address used for the purposes of electronic transmission;
"the approach channel" means the area bounded by co-ordinates (53°39.579'N, 00°13.223'W), (53°39.094'N, 00°12.296'W), (53°38.956'N, 00°12.570'W), (53°38.972'N, 00°12.631'W) and (53°38.956'N, 00°12.570'W) and shown on sheets 8 and 9 of the works plans;
"area of jurisdiction" means the area within the limits of the harbour;
"area of seaward construction activity" means the area of the sea within the Order limits;
"authorised development" means the nationally significant infrastructure project 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;
"the berthing pocket" means the area bounded by co-ordinates (53°39.506'N, 00°13.416'W), (53°39.496'N, 00°13.448'W), (53°39.515'N, 00°13.463'W), (53°39.537'N, 00°13.376'W), (53°38.972'N, 00°12.631'W) and (53°38.946'N, 00°12.678'W) and shown on sheets 4, 8 and 9 of the works plans;
"the book of reference" means the book of reference certified 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;
"carriageway" has the same meaning as in the 1980 Act;
"Centrica" means Centrica Plc, company number 03033654, whose principal office is at Millstream, Maidenhead Road, Windsor, Berkshire, SL4 5GD, and all of its subsidiaries, and Group companies, transferees, assignees, etc., including but not limited to Centrica KPS Ltd, Centrica Storage Limited and Centrica Energy;
"Cherry Cobb sands breach" means the area bounded by co-ordinates (53°39.427'N, 00°08.633'W), (53°39.457'N, 00°08.581'W), (53°39.554'N, 00°08.737'W) and (53°39.524'N, 00°08.789'W);
"the Company" means Able Humber Ports Limited, company number 107029, registered at Ogier House, The Esplanade, St Helier, Jersey, JE4 9WG and whose UK branch is at Able House, Billingham Reach Industrial Estate, Billingham TS23 1PX;
"the compensation environmental management and monitoring plan" means the plan for environmental management and monitoring on the north bank of the River Humber referred to in paragraph 19(1) of Schedule 11 (requirements);
"compulsory acquisition notice" means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act;
"the Conservancy Authority" means AB Ports in its role as harbour authority for the River Humber;
"C.GEN" means C.GEN Killingholme Limited, company number 06422434, whose principal office is at 130 Shaftesbury Avenue, London, W1D 5EU;
"C.RO" means C.RO Ports (Killingholme) Limited, company number 00278815, whose principal office is at Clough Lane, North Killingholme, North Lincolnshire, DN40 3LX;
"the dockmaster" means the dockmaster appointed by the Harbour Authority under this Order;
"the design drawings" means the design drawings submitted under regulation 5(2)(o) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and certified as the design drawings by the Secretary of State for the purposes of this Order;
"the ecology plans" means the plans certified as the ecology plans by the Secretary of State for the purposes of this Order;
"environmental management and monitoring plan" means all or any of the compensation environmental management and monitoring plan, the marine environmental management and monitoring plan and the terrestrial environmental management and monitoring plan;
"E.ON" means E.ON UK Plc whose registered office is at Westwood Way, Westwood Business Park, Coventry, West Midlands CV4 8LG (company registration number 02366970);
"harbour" means the authorised development within the limits of the harbour, and includes any works, land, buildings, ancillary works, plant, property and conveniences connected with it, as from time to time existing within the limits of the harbour;
"the Harbour Authority" means the Company in its capacity as harbour authority established by article 8 (jurisdiction of the Harbour Authority), or to the extent of any transfer under article 13(1)(a) (consent to transfer benefit of order), any transferee;
"the harbour master" means the harbour master appointed by the Conservancy Authority for the purposes of the Humber Conservancy Acts 1852 to 1951( 12) and the Humber Harbour Reorganisation Scheme 1966 Confirmation Order 1967( 13) to be a harbour master for an area that includes the area of jurisdiction and includes the harbour master's deputies and assistants;
"highway" and "highway authority" have the same meaning as in the 1980 Act;
"the land plans" means the plans certified as the land plans by the Secretary of State for the purposes of this Order;
"level of high water" means the level of mean high-water springs;
"limits of deviation" means the limits of deviation shown on the works plans;
"limits of the harbour" means the boundary line shown on the plan at Schedule 10 (limits of harbour);
"maintain" includes to inspect, repair, adjust, alter, remove, reconstruct or replace and any derivative of "maintain" is to be construed accordingly;
"the marine environmental management and monitoring plan" means the plan for environmental management and monitoring below the high water mark referred to at paragraph 19(2) of Schedule 11;
"MMO" means the Marine Management Organisation;
"Network Rail" means Network Rail Infrastructure Limited, company number 02904587 registered at Kings Place, 90 York Way, London N1 9AG;
"Order land" means the land shown on the land plans as within the boundary of land required for or affected by the proposed development, and described in the book of reference;
"the Order limits" means the limits shown as the limits within which the authorised development and works may be carried out on the works plans;
"owner", in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( 14);
"the planning application drawings" means the drawings referred to in paragraph 6(a) of Schedule 11;
"plans" include sections, elevations, drawings, specifications, programmes, method statements and hydraulic information;
"the pumping station outfall" means the area bounded by co-ordinates (53°38.993N, 00°13.188W), (53°38.956N, 00°13.085W), and (53°38.926N, 00°13.138W) and shown on sheets 3 and 9 of the works plans;
"the quay limits" means the area bounded by co-ordinates (53°39.457'N, 00°13.681'W), (53°39.464'N, 00°13.662'W), (53°39.447'N, 00°13.645'W), (53°39.487'N, 00°13.546'W), (53°39.475'N, 00°13.511'W), (53°39.506'N, 00°13.416'W), (53°38.946'N, 00°12.678'W), (53°38.876'N, 00°12.849'W), (53°38.984'N, 00°13.165'W) and (53°38.985'N, 00°13.178'W) and shown on sheets 8 and 9 of the works plans;
"relevant planning authority" means the...
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