The Sizewell C (Nuclear Generating Station) Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/853 |
| Year | 2022 |
2022 No. 853
Infrastructure Planning
The Sizewell C (Nuclear Generating Station) Order 2022
Made 20th July 2022
Coming into force 11th August 2022
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (the “2008 Act”)1and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an Order granting development consent.
The application was examined by a Panel of five members (“the Panel”) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules3.
The Panel, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, has submitted a report to the Secretary of State under section 74(2) of the 2008 Act setting out its findings, conclusions and recommendations in respect of the application.
The Secretary of State, has considered the report and recommendations of the Panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20174.
The Secretary of State having decided the application has determined to make an Order granting development consent for the development described in the application on terms which in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State in exercise of the powers conferred by section 114, 115, 120 and 149A of the 2008 Act, makes the following Order:
PART 1
GENERAL PROVISIONS
Preliminary
Citation and commencement
1. This Order may be cited as the Sizewell C (Nuclear Generating Station) Order 2022 and comes into force on 11th August 2022.
Interpretation
2.—(1) In this Order, unless the context requires otherwise—
“the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 18475;
“the 1961 Act” means the Land Compensation Act 19616;
“the 1965 Act” means the Compulsory Purchase Act 19657;
“the 1980 Act” means the Highways Act 19808;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19819;
“the 1984 Act” means the Road Traffic Regulation Act 198410;
“the 1990 Act” means the Town and Country Planning Act 199011;
“the 1991 Act” means the New Roads and Street Works Act 199112;
“the 2008 Act” means the Planning Act 200813;
“the 2009 Act” means the Marine and Coastal Access Act 200914;
“the 2015 Order” means the Town and Country Planning (General Permitted Development) (England) Order 201515;
“3G Pitch” means third generation artificial grass pitches that are specifically designed to meet the needs of football and rugby by more closely replicating the playing characteristics of natural turf than historic artificial grass pitches;
“address” includes any number or address used for the purposes of electronic transmission;
“ancillary structures” means the Works specified in requirement 22 in Schedule 2 (Requirements);
“apparatus” unless otherwise provided for, has the same meaning as in Part 3 of the 1991 Act;
“approved plans” means the drawings certified as such by the Secretary of State under article 82 (certification of plans, etc) and identified in Schedule 7 of this Order or approved pursuant to a requirement;
“area of seaward construction activity” means the area of the sea within the Order limits shown on the Works Plans;
“associated development design principles” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“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;
“book of reference” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“bridleway” has the same meaning as in the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“capital dredging works” mean works which comprise the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years;
“carriageway” has the same meaning as in the 1980 Act;
“code of construction practice” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“commence” means to carry out any material operation, as defined in section 155 of the 2008 Act (when development begins), forming part, or carried out for the purposes, of the authorised development other than operations consisting of—
(a) site preparation, ecological mitigation and clearance works;
(b) pre-construction archaeological works;
(c) environmental surveys and monitoring;
(d) removal of hedgerows, trees and shrubs;
(e) investigations for the purpose of assessing ground conditions;
(f) diversion or laying of services;
(g) remedial work in respect of any contamination or adverse ground conditions (excluding works including and associated with dewatering activities carried out as part of Work No. 1A(k) (SSSI crossing), Work No. 1A(s) (realignment of Sizewell Drain and associated woks) and Work No. 1A(t) (perimeter below-ground cut-off wall, including associated de-watering of contained area) in Schedule 1);
(h) receipt and erection of construction plant and equipment;
(i) the temporary display of site notices and advertisements;
(j) erection of temporary buildings and structures (which for the purpose of this definition does not include Work No. 9(a) (northern park and ride), Work No. 10(a) (southern park and ride) or Work No. 13(a) (freight management facility);
(k) Work No. 1A(cc) (flood mitigation area and associated habitat);
(l) Work No. 1A(ee) (bat barn);
(m) Work No. 6 (Fen meadow habitat, Halesworth);
(n) Work No. 7 (Fen meadow habitat, Benhall); and
(o) Work No.18 (Fen meadow habitat Pakenham);
and the words “commencement” and “commenced” are to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act (notice of authorisation of compulsory acquisition);
“construction method statement” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“cycle track” has the same meaning as in the 1980 Act;
“cycleway” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with a right of way on foot and a right of way on horseback or leading a horse;
“deemed marine licence” means the marine licence granted by this Order as set out in Schedule 21;
“development” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008 excluding any operation excluded from the definition of “commencement”;
“discharging authority” means the body responsible for giving any endorsement, agreement or approval required by a requirement;
“Deed of Obligation” means (i) the agreement between (1) East Suffolk Council (2) Suffolk County Council and (3) NNB Generation Company (SZC) Limited dated 8 October 2021 as varied by two agreements between the same parties dated 13 April 2022 and 6 May 2022, respectively, certified as such by the Secretary of State under article 82 (certification of plans, etc); and including (ii) any deeds of covenant or other agreements entered into pursuant to Clause 14 of the deed of obligation from time to time, and the deed of covenant made between the NNB Generation Company (SZC) Limited and the Environment Agency on 8 October 2021 under section 37 of the Environment Act 1995 and section 30 of the Anglian Water Authority Act 1977; and (iii) any modifications made by the Secretary of State to (i) and (ii) under article 11 (modification and discharge of deed of obligation) from time to time;
“drainage strategy” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft coastal processes monitoring and mitigation plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft fen meadow plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft fish impingement and entrainment monitoring plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft marine mammal mitigation protocol” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft rail noise mitigation plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draftsabellaria reef management and monitoring plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft site integrity plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft water monitoring and management plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“draft wet woodland plan” means the document certified as such by the Secretary of State under article 82 (certification of plans, etc);
“EDF Energy Nuclear Generation Limited” means EDF Energy Nuclear Generation Limited (Company number 03076445), being the holder of a nuclear licence under section 3 of the Nuclear Installations Act 1965;
“electronic transmission” means a...
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