The North Blyth Biomass Power Station Order 2013

Interpretation

2.—(1) Except for Schedule 4, which is subject to the definitions provided in that Schedule, in this Order—

“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 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1991 Act” means the New Roads and Street Works Act 1991(5);

“the 2008 Act” means the Planning Act 2008(6);

“the 2009 Act” means the Marine and Coastal Access Act 2009(7);

“the 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;

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

“Commission” means the Blyth Harbour Commission;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;

“the deemed Marine Licence” means the marine licence set out in Schedule 4 and deemed by article 27 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

“design and access statement” means the design and access statement certified by the Secretary of State as the design and access statement for the purposes of this Order;

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

“the Environment Agency” means the body established under the Environment Act 1995(8) or any successor to its statutory functions;

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

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

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

“maintain” includes inspect, maintain, and repair the authorised development; and “maintenance” shall be construed accordingly;

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

“the Marine Management Organisation” or “MMO” means the body of that name created under the 2009 Act or any successor to its statutory functions;

“Order land” means the land shown on the land plan which is within the boundary of land required for or affected by the proposed development, and described in the book of reference;

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

“Owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981(9);

“relevant planning authority” means Northumberland County Council as planning authority for the area in which the land to which the provisions of this Order apply is situated and any successor to its statutory function as planning authority for the area in which the authorised development is located;

“the Requirements” means the requirements set out in Schedule 2 (Requirements) to this Order;

“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) 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 III of the 1991 Act;

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

“the undertaker” means, subject to article 7(2) of this Order, North Blyth Energy Limited (company number 7595351);

“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;

“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 plan” means the works plan certified by the Secretary of State as the works plan 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 development shall be taken to be measured along that work.

(4) References in this Order to numbered Requirements are to the Requirements with those numbers in Schedule 2 (Requirements).

(5) References in this Order to numbered “Works” or “Work No(s).” are to the works of the authorised development with those numbers in Schedule 1 (authorised development) and shown on the works plan.

(1)

1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 3 to, the Local Government, Planning and Land Act 1985 (c.65). There are other amendments to the 1961 Act which are not relevant to this Order.

(2)

1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4, as amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 985 (c.71). Section 5 was amended by section 67 and 80 of, and Part 2 of Schedule 10 to, the Planning and Compensation Act 1991 (c.34). Subsection (1) of section 11 and section 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1968 (c.67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Subsection 11(3) was amended by article 5 of, and Schedule 1 to, the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307). Section 12 was amended by section 56(2) of and Part 1 to Schedule 92 to, the Courts Act 1981 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). There are other amendments to the 1965 Act which are not relevant to this Order.

(3)

1980 c.66. Section 1(1) as amended by Section 21(2) of the New Roads and Street Works Act 1991 (c.22). Sections 1(2), 1(3) and 1(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51). Section 1(2A) was inserted, and section 1(3) was amended, by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1975 (c.71), by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/177), by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act 1992 (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37).

(4)

1990 c.8. Section 206(1) as amended by section 192(8) of, and paragraph 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29). Relevant amendments have been made by section 406 of, and Schedule 17 to, the Communications Act 2003. There are other amendments to the 1990 Act which are not relevant to this Order.

(5)

1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Section 79(4), 80(4) and 83(4) are amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

(6)

2008 c.29. Section 149A was inserted by section 112(1) of, and paragraph 4 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c.23).

(7)

2009 c.23.

(8)

1995 c.25.

(9)

1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which, except where otherwise provided herein, are not relevant to this Order.