The White Moss Landfill Order 2015

PART 5 MISCELLANEOUS

Defence to proceedings in respect of statutory nuisance

18.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990(1)) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraphs (a), (c), (d), (e), (fa), (fb), (g) or (ga) of section 79(1) of that Act no order may be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974(2)); or

(ii) is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in accordance with a scheme of monitoring and control agreed with the county planning authority and Environment Agency as described in the requirements; or

(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), is not to apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project.

Application of landlord and tenant law

19.—(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants is to prejudice the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Certification of plans etc.

20.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to the decision-maker copies of the following plans and documents—

(a) Sections 3 and 5 of the environmental statement, and Table ES1 amended October 2014;

(b) The works plan (WS010003/WLL/PLANS/WORKS);

(c) The application plan (WS010003/WLL/PLANS/APPLICATION BOUNDARY);

(d) The land plan (WS010003/WLL/PLANS/LAND, drawing reference WL/WL/10-14/18186);

(e) Proposed restoration contours (WS010003/WLL/PLANS/ELEVATION1);

(f) Elevations of the stockpiles and bunds (WS010003/WLL/PLANS/ELEVATION2);

(g) Elevations of the main infrastructure including buildings (WS010003/WLL/PLANS/ ELEVATION3);

(h) The site access from White Moss Road South (WS010003/WLL/PLANS/ELEVATION4);

(i) The phasing plans presented in the soils handling and management scheme (Drawing references LE00173-211, LE00173-212, LE00173-213, LE00173-214 & LE00173-215);

(j) Restoration proposals (WS010003/WLL/PLANS/SITE1);

(k) Landscaping, restoration, habitat management and aftercare scheme; (WS010003/WLL/LANDSCAPING, amended September 2014);

(l) Soils handling and management scheme; (WS010003/WLL/SOIL HANDLING, amended September 2014);

(m) Proposed basal levels (Drawing reference LE00173-222); and

(n) The book of reference,

for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Arbitration

21.  Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on application of either party (after giving notice in writing to the other) by the President of the Royal Town Planning Institute for the time being.

(1)

1990 c.43. There are amendments to this Act which are not relevant to this Order.

(2)

1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to this Order.