The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

Interpretation

2.—(1) In this Order, unless otherwise stated—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

“the 1984 Act” means the Road Traffic Regulation Act 1984(5);

“the 1990 Act” means the Town and Country Planning Act 1990(6);

“the 1991 Act” means the New Roads and Street Works Act 1991(7);

“the 2003 Act” means the Communications Act 2003(8);

“the 2008 Act” means the Planning Act 2008(9);

“access and public rights of way plans” means the plans of that name identified in Table 10 of Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the access and public rights of way plans for the purposes of this Order under article 42 (certification of plans etc.);

“Anglian Water” means Anglian Water Services Limited (company number 02366656);

“AOD” means above ordnance datum;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks; electricity cables; telecommunications equipment and electricity cabinets;

“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“book of reference” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the book of reference for the purposes of this Order under article 42;

“brown roof” means a roof which has a layer of material typically derived from on–site sources including crushed building materials and provides a growing medium for native pioneer plants and an ecological habitat;

“building” includes any structure or erection or any part of a building, structure or erection;

“carbon capture and export embedded design measures” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the carbon capture and export embedded design measures for the purposes of this Order under article 42;

“carbon capture and export readiness reserve space” means the area identified on the carbon capture and export readiness reserve space plan for future installation and operation of any carbon capture and export equipment;

“carbon capture and export readiness reserve space plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the carbon capture and export readiness reserve space plan for the purposes of this Order under article 42;

“carriageway” has the same meaning as in the 1980 Act;

“combined heat and power embedded design measures” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the combined heat and power embedded design measures for the purposes of this Order under article 42;

“combined heat and power assessment” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the combined heat and power assessment for the purposes of this Order under article 42;

“commence” means the first carrying out of any material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works and the words “commencement” and “commenced” are to be construed accordingly;

“commissioning” means the process of testing all systems and components of the authorised development or part of the authorised development which are installed to verify that they, and the authorised development as a whole, function and are operable in accordance with design objectives, specifications and operational and safety requirements of the undertaker;

“date of final commissioning” means the date on which the commissioning of the authorised development is completed as notified as such by the undertaker to the relevant planning authority pursuant to requirement 20 of Schedule 2 (requirements);

“design and access statement” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the design and access statement for the purposes of this Order under article 42;

“EWC” means European Waste Catalogue;

“EPN” means Eastern Power Networks plc (company number 02366906);

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means provided it is in an electronic form;

“environmental statement” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the environmental statement for the purposes of this Order under article 42;

“flood risk assessment” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the flood risk assessment for the purposes of this Order under article 42;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“green wall” means a vertical structure against which vegetation is grown;

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

“land plans” means the plans of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the land plans for the purposes of this Order under article 42;

“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not remove, reconstruct or replace the whole of, the authorised development, but only insofar as such activities are unlikely to give rise to any materially new or materially different environmental effects from those identified in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;

“this Order” means the Medworth Energy from Waste Combined Heat and Power Facility Order 2024;

“Order land” means the land shown on the land plans and within the Order limits which is required for the authorised development;

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

“outline biodiversity net gain strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline biodiversity net gain strategy for the purposes of this Order under article 42;

“outline construction environmental management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order under article 42;

“outline construction traffic management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order under article 42;

“outline decommissioning plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline decommissioning plan for the purposes of this Order under article 42;

“outline drainage strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline drainage strategy for the purposes of this order under article 42;

“outline employment and skills strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline employment and skills strategy for the purposes of this Order under article 42;

“outline fire prevention plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline fire prevention plan for the purposes of this Order under article 42;

“outline flood emergency management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline flood emergency management plan for the purposes of this Order under article 42;

“outline landscape and ecology management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order under article 42;

“outline landscape and ecology strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline landscape plans and ecology strategy for the purposes of this Order under article 42;

“outline lighting strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline lighting strategy for the purposes of this Order under article 42;

“outline local air quality monitoring strategy” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline local air quality monitoring strategy for the purposes of this Order under article 42;

“outline odour management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline odour management plan for the purposes of this Order under article 42;

“outline operational noise management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline operational noise management plan for the purposes of this Order under article 42;

“outline operational traffic management plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline operational traffic management plan for the purposes of this Order under article 42;

“outline operational travel plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the outline operational travel plan for the purposes of this Order under article 42;

“owner” in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981(10);

“permitted preliminary works” means operations consisting of site clearance, pre-planting of landscaping works, ecological mitigation works, archaeological investigations, intrusive environmental surveys, environmental monitoring, investigations for the purpose of assessing ground conditions (including the making of trial boreholes), erection of construction welfare facilities, erection of any temporary means of enclosure and the temporary display of site notices or advertisements, provided that no permitted preliminary works will give rise to any materially new or materially different effects from those assessed in the environmental statement;

“relevant planning authority” means the waste planning authority for the area in which the land to which the provisions of this Order apply is situated;

“requirements” means those matters set out in Schedule 2 (requirements) to this Order;

“section 106 agreement” means the agreement made under section 106 of the 1990 Act and section 278 of the 1980 Act dated 11 December 2013 between (1) Cambridgeshire County Council and (2) Tesco Stores Limited;

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of Chapter 1) of the 2003 Act;

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and any part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(11);

“traffic authority” has the same meaning as in section 121A of the 1984 Act;

“undertaker” means Medworth CHP Limited (company number 13130012) or any other person who for the time being has the benefit of this Order in accordance with article 7 (benefit of this Order) and article 8 (consent to transfer benefit of the Order);

“waste area plan” means the document of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the waste area plan for the purposes of this Order under article 42;

“watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“working day” means any day other than a Saturday, Sunday or English bank or other public holiday; and

“works plans” means the plans of that name identified in Table 10 of Schedule 13 and which is certified by the Secretary of State as the works plans for the purposes of this Order under article 42.

(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 airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.

(3) All distances, directions, volumes, heights, widths and lengths referred to in this Order are approximate and distances between points on a numbered work comprised in the authorised development and shown on the works plans and access and public rights of way plans are taken to be measured along that work.

(4) All areas described in square metres in the book of reference are approximate.

(5) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1.

(6) References to “Schedule” are, unless otherwise stated, references to Schedules to this Order.

(7) In this Order, the expression “includes” is to be construed without limitation.

(8) References to any statutory body include that body’s successor in respect of functions which are relevant to this Order.

(1)

1961 c. 33

(2)

1965 c. 56

(3)

1980 c. 66

(4)

1981 c. 66

(5)

1984 c. 27

(6)

1990 c. 8

(7)

1991 c. 22

(8)

2003 c. 21

(9)

2008 c. 29

(10)

1981 c. 67 The definition of “owner” was amended by section 17 and paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

(11)

“street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7)