The Thorpe Marsh Gas Pipeline Order 2016

JurisdictionUK Non-devolved
CitationSI 2016/297

2016 No. 297

Infrastructure Planning

The Thorpe Marsh Gas Pipeline Order 2016

Made 3rd March 2016

Coming into force 25th March 2016

An application has been made to the Secretary of State for an order granting development consent under section 37 of the Planning Act 20081(the “2008 Act”), and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092, for an order under sections 114, 115 and 120 of the 2008 Act.

The application has been examined by a single appointed person (appointed by the Secretary of State) who having considered the representations made and not withdrawn and the accompanying documents has submitted a report to the Secretary of State under section 83(1) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the single appointed person, has taken into consideration the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20093and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application with modifications that 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 sections 114, 115 and 120 of the 2008 Act, makes the following Order.

1 Preliminary

PART 1

Preliminary

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Thorpe Marsh Gas Pipeline Order 2016 and comes into force on 25th March 2016.

S-2 Interpretation

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 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19817;

“the 1990 Act” means the Town and Country Planning Act 19908;

“the 1991 Act” means the New Roads and Street Works Act 19919;

the 1997 Regulations” means the Hedgerows Regulations 199710;

“the 2008 Act” means the Planning Act 2008;

“AGI” means Above Ground Installation;

“AGI plan” means the plan certified as the AGI plan by the Secretary of State for the purposes of this Order;

“AGI site” means the land coloured green on sheet 2 of the works plan and shown on the AGI plan and comprising Works No. 5, 6 and 7;

“authorised development” means the development and associated development described in Part 1 of 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 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;

“commence” means to carry out within the Order limits any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development, other than operations consisting of the removal, diversion and laying of services, and “commencement” is to be construed accordingly;

“Crown land plan” means the plan certified as the Crown land plan by the Secretary of State for the purposes of this Order;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

“flood risk assessment addendum” means the document certified as the flood risk assessment addendum by the Secretary of State for the purposes of this Order;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“Highways England” means Highways England Company Limited (company registration number 9346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or its successor from time to time as the strategic highways company for England;

“historic environment plan” means the plan certified as the historic environment plan by the Secretary of State for the purposes of this Order;

“important hedgerows plan” means the plan certified as the important hedgerows plan by the Secretary of State for the purposes of this Order;

“land plans” means the plans certified as the land plan by the Secretary of State for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“maintain” includes, to the extent assessed in the environmental statement, to inspect, maintain, adjust, alter, repair, test, cleanse, re-lay, divert, make safe, decommission, reconstruct, demolish, abandon, replace, remove and improve the authorised development or any part of it; and any derivative of “maintain” shall be construed accordingly;

“National Grid Gas” means National Grid Gas plc (company registration no. 02006000) or any successor company performing the same function;

“nature conservation plan” means the plan certified as the nature conservation plan by the Secretary of State for the purposes of this Order;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired and described in the book of reference;

“Order limits” means the limits shown on the works plan within which the authorised development may be carried out;

“outline construction environmental management plan” means the document certified as the outline construction environmental management plan by the Secretary of State for the purposes of this Order;

“outline construction traffic management plan” means the document certified as the outline construction traffic management plan by the Secretary of State for the purposes of this Order;

“outline public rights of way plan” means the document certified as the outline public rights of way plan by the Secretary of State for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198111;

“pipe dump plan” means the plan certified as the pipe dump plan by the Secretary of State for the purposes of this Order;

“pipeline works” means Works No. 9, 10, 11, 13, 14, 15, 19, 20, 23, 24, 26, 27, 28, 31, 33, 34, 35, 38, 39, 40, 41, 43, 44, 45, 47, 48, 49, 50, 51, 53, 55, 57, 58, 59, 60, 62, 63, 64, 65, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 83, 84, 85, 87, 89, 90, 91, 92, 94, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 107, 109, 110, 111, 113, 114, 115, 118, 119, 121, 122 and 123 as described in Part 1 of Schedule 1 (authorised development);

“public rights of way plan” means the plan certified as the public rights of way plan by the Secretary of State for the purposes of this Order;

“relevant highway authority” means Doncaster Metropolitan Borough Council, East Riding of Yorkshire Council or North Yorkshire County Council, as appropriate, for the area in which the relevant highway to which the relevant provision of this Order applies is situated, or any successors to their statutory functions and, in the case of trunk roads, means the Secretary of State for Transport;

“relevant local authority” means Doncaster Metropolitan Borough Council, East Riding of Yorkshire Council or North Yorkshire County Council, as appropriate, for the area in which the land to which the relevant provision of this Order applies is situated or any successors to their statutory functions or any joint committee they choose to establish pursuant to section 102 and 106 of the Local Government Act 197212;

“relevant planning authority” means Doncaster Metropolitan Borough Council, East Riding of Yorkshire Council or Selby District Council, as appropriate, for the area in which the land to which the relevant provision of this Order applies is situated or any successors to their statutory functions;

“Requirements” means those matters set out in Part 2 of Schedule 1 (Requirements);

“runway 07/25” means the runway identified as runway 07/25 on the runway plan;

“runway plan” means the plan certified as the runway plan by the Secretary of State for the purposes of this Order;

“statutory undertaker” means any person falling within section 127(8) of the 2008 Act;

“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 compounds” means Works No. 1, 3, 8, 16, 18, 21, 22, 25, 29, 32, 36, 42, 52, 56, 61, 66, 82, 88, 93, 106, 108, 112, 116 and 120 as described in Part 1 of Schedule 1 (authorised development);

“Thorpe Marsh Power Limited” means Thorpe Marsh Power Limited (company registration number 06637894) whose registered office is at Carlton House, 4 Ellerbeck Way, Stokesley Business Park, Stokesley, North Yorkshire TS9 5JZ;

“tree preservation order” has the meaning given in section 198 of the 1990 Act;

“tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means Thorpe Marsh Power Limited (company registration number 06637894);

“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;

“working width” means the land coloured blue and yellow and labelled “working width” on the works plan;

“works plan” means the plan certified as the works plan 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...

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