The East Northamptonshire Resource Management Facility Order 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/110 |
| Year | 2023 |
2023 No. 110
Infrastructure Planning
The East Northamptonshire Resource Management Facility Order 2023
Made 23th January 2023
Coming into force 13th February 2023
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications and Prescribed Forms and Procedure) Regulations 20092, for an order granting development consent.
The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103.
The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the report and recommendation of the single appointed person, has decided to make an order granting development consent for the development described in the application 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 Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the Planning Act 2008, makes the following Order:
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the East Northamptonshire Resource Management Facility Order 2023 and comes into force on the 13th February 2023.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1990 Act” means the Town and Country Planning Act 19907;
“the 2008 Act” means the Planning Act 20088;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“access plan” means the plan certified as the access plan [Drawing Reference AU/KCW/07-21/22659] by the Secretary of State for the purposes of this Order;
“address” includes any number or address for the purposes of electronic transmission;
“apparatus”, unless otherwise provided for, has the same meaning as in Part 3 of the 1991 Act;
“authorised development” means the development and associated development10described in Schedule 1 (authorised development) and any other development authorised by this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“business days” means Monday to Friday excluding Bank Holidays and other public holidays or days on which general or local elections are held;
“commence” means the carrying out of a material operation (as defined in section 56(4) of the 1990 Act) excluding any operations relating to ecological enhancement works, planting, soil investigations or works in respect of land contamination, archaeological investigations, site clearance, diversion of services, receipt and erection of construction plant and equipment, the erection of temporary fencing, hoardings and erection of site compound buildings and “commence” and “commenced” must be construed accordingly;
“DEC” means the document certified as the DCO environmental commitments [Report Reference AU/KCW/LZH/1724/01DECV3] 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 document of that name submitted with the application for this Order;
“hazardous waste” means waste defined as such in regulation 6 of the Hazardous Waste (England and Wales) Regulations 200511and as may be amended from time to time in these or equivalent regulations;
“hedgerow plan” means the plan certified as the hedgerow removal plan [Drawing Reference AU/KCW/07-21/22661] by the Secretary of State for the purposes of this Order;
“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act and “highway” includes part of a highway;
“land plan” means the plan certified as the land plan [Drawing Reference AU/KCW/08-21/22752] by the Secretary of State for the purposes of this Order;
“limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation) and shown on the works plan;
“low level waste” means radioactive waste comprising solid low level radioactive waste typically with a specific activity of up to 200Bq/g;
“maintain” includes maintain, inspect, repair, remove, clear, refurbish, reconstruct, demolish, replace and improve and “maintenance” must be construed accordingly;
“the Order limits” means the limits shown on the works plan within which the authorised development may be carried out;
“original order” means the East Northamptonshire Resource Management Facility Order 201312as amended by the East Northamptonshire Resource Management Facility (Amendment) Order 201813;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198114;
“relevant planning authority” means North Northamptonshire Council or the local planning authority for the area in which the land to which the relevant provision of this Order applies is situated from time to time;
“Requirements” means the requirements listed in Schedule 2 (Requirements), and any reference to a numbered Requirement is to be construed accordingly;
“restoration concept scheme” means the scheme certified as the restoration concept scheme [Drawing No. ENORTH 028] by the Secretary of State for the purposes of this Order;
“restoration profile contour plan” means the plan certified as the restoration profile contour plan [Drawing Reference AU/KCW/07-21/22660revA] by the Secretary of State for the purposes of this Order;
“the site” means land within the Order limits;
“statutory undertaker” means any statutory undertaker for the purposes of section 127(8), of the 2008 Act (statutory undertakers’ land) and includes a public communications provider as defined in section 151(1) of the Communications Act 200315;
“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;
“the undertaker” means Augean South Ltd (Company No. 04636789) or such other person as has the benefit of this Order under section 156(1) of the 2008 Act;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, soakaways, sewers and passages through which water flows except a public sewer or drain;
“Western Power Distribution” means Western Power Distribution (East Midlands) Plc (company number 02366923), whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB
“work” means a work set out in Schedule 1 and shown on the works plans; and a reference to a work designated by a number or a combination of numbers and letters, is a reference to the work so designated in that Schedule; and
“the works plan” means the plan certified as the works plan [Drawing Reference AU/KCW/07-21/22655revA] by the Secretary of State for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.
(3) All distances, directions and lengths referred to in this Order are approximate.
(4) The expression “includes” must be construed without limitation.
PART 2
PRINCIPAL POWERS
Development consent etc. granted by this Order
3. Subject to the provisions of this Order and to the Requirements in Schedule 2 (requirements) attached to this Order the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
Effect of this Order on the original order
4.—(1) The undertaker must not start operational use of Work No. 1A, Work No. 2, or Work No.3 under this Order until notice has been served on the relevant planning authority that the undertaker is ceasing to operate those works under the original order.
(2) Upon service of the notice under paragraph (1) construction, operation and maintenance of Work No.1A, Work No.2 and Work No.3 will cease under the original order and from that date the authorised development will be constructed, operated and maintained in accordance with the provisions of this Order and the plans certified under article 18.
(3) From the date of the notice served under paragraph (1) the provisions of the original order will not apply in relation to the authorised development.
Limits of deviation
5. In carrying out, maintaining or diverting the authorised development, the undertaker may—
(a) construct any such work within the lateral limits of deviation or extents of work shown on the works plans for the relevant work;
(b) in relation to Work No. 1 only deviate the works vertically upwards to a limit of 1 metre from the contours shown in grey on the restoration profile contour plan;
(c) deviate the works vertically downwards to any extent as may be found necessary to construct the authorised development, subject to approval by the Environment Agency.
Benefit of this Order
6.—(1) Subject to paragraph (2) and article 7 (consent to transfer benefit of Order), the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory...
To continue reading
Request your trial