The Hinkley Point C (Nuclear Generating Station) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/648 |
| Year | 2013 |
2013 No. 648
Infrastructure Planning
The Hinkley Point C (Nuclear Generating Station) Order 2013
Made 18th March 2013
Coming into force 9th April 2013
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order under sections 114, 115 and 120 of the Planning Act 20082(“the 2008 Act”).
The Examining authority was a Panel, the members of which were appointed at various times by the Chair of the Infrastructure Planning Commission, and, following the abolition of the Commission, by the Secretary of State, in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules3.
The Examining authority, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, submitted a report to the Secretary of State setting out its findings, conclusions and recommendations in respect of the application.
The Secretary of State, having considered the report of the Examining authority, has decided to make an Order granting development consent so as to give effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.
The Secretary of State in exercise of the powers conferred by section 114, 115 and 120 of the 2008 Act, makes the following Order:
PART 1
General provisions
Preliminary
Citation and commencement
1. This Order may be cited as the Hinkley Point C (Nuclear Generating Station) Order 2013 and shall come into force on 9th April 2013.
Interpretation
2.—(1) In this Order, unless the context requires otherwise—
“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 1991 Act” means the New Roads and Street Works Act 19918;
“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 19959;
“the 2008 Act” means the Planning Act 2008;
“AIL” means an abnormal indivisible load as defined in paragraph 2 of Schedule 1 (abnormal indivisible load vehicles) to the Road Vehicles (Authorisation of Special Types) (General) Order 200310;
“approved plans” means the plans listed in Part 3 of Schedule 1 (approved plans) and such revised or supplemental plans as may be approved pursuant to the requirements;
“authorised development” means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order, but does not include the temporary jetty works;
“authorised project” means the authorised development and the temporary jetty works authorised by this Order;
“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 meaning given in section 329 of the 1980 Act (interpretation);
“discharging authority” means the body responsible for giving any agreement or approval required by a requirement;
“footpath implementation plan” means a written plan agreed between the undertaker and the highway authority for creation or improvement of a footpath to a specified standard;
“HPC development site” means the land within the Order limits shown on sheet nos. 2, 3 and 4;
“land” includes land covered by water, any interest in land or right in, to or over land;
“land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;
“Order limits” means the limits shown on the works plans within which the authorised project may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198111(interpretation);
“permanent development site” means the land within the permanent development site boundary as shown on plan HINK-A1-SL-00-GA-010 (Site Layout Plan (Operational));
“permanent limits” means the limits of land for the purpose of article 24 (compulsory acquisition of land) as shown shaded pink on the land plans;
“relevant planning authority” means, in any given provision of this Order, the district planning authority for any area of land that the provision relates to, i.e. West Somerset District Council and/or Sedgemoor District Council, as the case may be;
“requirements” has the meaning given in article 3 (development consent for authorised development etc.);
“rights of way plans” means the plans certified as the rights of way plans by the Secretary of State for the purposes of this Order;
“site preparation permission” means the planning permission in respect of land to the West of Hinkley Point, Stogursey, Bridgwater TA5 1TP granted by West Somerset District Council on 27th January 2012, with reference number 3/32/10/037;
“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act (which make provision about orders affecting statutory undertakers’ land);
“street” means a street within the meaning of section 48 of the 1991 Act (streets, street works and undertakers), 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 meaning given in section 49 of the 1991 Act (the street authority and other relevant authorities);
“temporary associated development works” means Work Nos. 3, 4A, 5A, 7A, 8A(2)(a) to (h), 9A, 10 and 11;
“temporary jetty demolition works” means Work No. TJ0;
“temporary jetty works” means Work Nos. TJ1, TJ2 and TJ3 described in Part 2 of Schedule 1 (temporary jetty works) and any other works authorised by Part 2 of this Order (provisions relating to temporary jetty works) or, as the case may require, any part of those works, but excluding the temporary jetty demolition works;
“tree preservation order” has the meaning given in section 198 of the 1990 Act (power to make tree preservation orders);
“undertaker” means NNB Generation Company Limited (Company number 06937084);
“undertaking” mean the generation of electricity by the undertaker as authorised from time to time;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works plans” means the plans certified as the works plans 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 and distances between points on a work comprised in the authorised project shall be taken to be measured along that work.
(4) All areas described in square metres in the book of reference are approximate.
(5) A reference in this Order to a work designated by a number, or by a combination of letters and numbers (for example, “Work No. 9A”), is a reference to the work so designated in Part 1 or 2 of Schedule 1.
(6) Unless the context requires otherwise, a reference in this Order to a numbered sheet (for example, “sheet no. 3”) is a reference to the sheet so numbered in the works plans.
(7) A reference in this Order to a document or plan required to be submitted for certification under article 43(1)(e) (certification and construction of plans and documents) is a reference to the version of that document or plan that has been certified under article 43.
(8) A reference in the Schedules to a “relevant site” is a reference to the site of that name shown in the right of way plans and land plans.
(9) In this Order, 10-digit references prefaced by the letters “ST” refer to the corresponding Ordnance Survey National Grid reference points.
Principal powers
Development consent for authorised development etc.
3.—(1) Subject to the provisions of Schedule 2 (requirements) (“the requirements”) and the other provisions of this Order, the undertaker is granted development consent for the authorised development, to be carried out in the lines or situations shown on the works plans and in accordance with the approved plans.
(2) In constructing or maintaining any of the authorised development, the undertaker may deviate laterally from the lines or situations shown on the works plans within the limits of deviation relating to that work shown on those plans.
(3) In constructing or maintaining Work No. 2A, Work No. 2C and Work No. 2E, the undertaker may deviate vertically to any extent provided that no part of these works is less than 10 metres below the seabed or more than 50 metres below the seabed.
(4) In constructing or maintaining Work No. 2G the undertaker may deviate vertically to any extent provided that no part of these works is more than 25 metres below the seabed.
(5) Paragraphs (1), (2), (3) and (4) only authorise the carrying out of works within the Order limits.
Effect of the Order on the site preparation permission
4.—(1) If the undertaker serves a notice on West Somerset District Council under this article—
(a)
(a) the undertaker shall cease to carry out development under the site preparation permission; and
(b)
(b) the conditions of the site preparation permission shall cease to have effect, except for Conditions G4, R1, R2, R3, R4, R5 and R6.
(2) The undertaker may not carry out Work No. 1A...
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