Statutory Instruments
Infrastructure Planning
Made
26th October 2015
Coming into force
27th October 2015
The Swansea Bay Tidal Generating Station Order 2015 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of the Act(3).
Before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant(4) for the correction of errors and omissions in the Order.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed the City and County of Swansea Council and Neath Port Talbot County Borough Council that the request had been received.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:
1. This Order may be cited as The Swansea Bay Tidal Generating Station (Correction) Order 2015 and comes into force on 27th October 2015.
2. The Order is corrected as set out in the table in the Schedule to this Order, where—
(a)column 1 sets out where the correction is to be made;
(b)column 2 sets out how the correction is to be made; and
(c)column 3 sets out the text to be substituted, inserted or omitted.
Signed by authority of the Secretary of State for Energy and Climate Change
Giles Scott
Head of National Infrastructure Consents and Coal Liabilities Unit
Department of Energy and Climate Change
26th October 2015
Article 2
| (1) Where the correction is to be made | (2) How the correction is to be made | (3) Text to be substituted, inserted or omitted |
|---|---|---|
| Article 7(4)(a)(ii) | Replace “((“ with | “(“ |
| Article 7(5) | Replace “paragraph (3)(b)” with | “paragraph (4)(b)” |
| Article 20(a) | Replace “amd” with | “and” |
| Article 33(8)(a) | Immediately after “article 28” insert | “(Compulsory acquisition of rights)” |
| Article 37(2) | Immediately after “article 28” insert | “(Compulsory acquisition of rights)” |
| Article 42(1) | Replace “(a “decommissioning programme”)” with | “(“decommissioning programme”)” |
| Article 47(9) | Replace “paragraph (5)(b)” with | “paragraph (6)(b)” |
| Article 54(1) | Replace “AMEP” with | “AEMP” |
| Article 54(2) | Replace “AMEP” with | “AEMP” |
| Schedule 1, Part 3 (“Requirements”), paragraph 1, definition of “operate” | Replace “is to be constructed accordingly” with | “is to be constructed accordingly” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(2) | After “mean low water” omit | “springs” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(2) | Replace “Part 1” with | “Part 1A” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(3) | After “mean low water” omit | “springs” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(3) | Replace “Part 1” with | “Part 1A” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(4) | Replace “Part 1” with | “Part 1A” |
| Schedule 1, Part 3 (“Requirements”), paragraph 4(5) | After “mean low water” omit | “springs” |
| Schedule 1, Part 3 (“Requirements”), paragraph 5(5)(d) | Replace “(HGVs)” with | “(“HGVs”)” |
| Schedule 1, Part 3 (“Requirements”), paragraph 8(5) | Between “Neath Port Talbot” and “Borough Council” insert | “County” |
| Schedule 1, Part 3 (“Requirements”), paragraph 9(4) | Replace “Works No. 7a” with | “Work No. 7a” |
| Schedule 1, Part 3 (“Requirements”), paragraph 12(1)(a) | Replace “(CSM)” with | “(“CSM”)” |
| Schedule 1, Part 3 (“Requirements”), paragraph 12(4) | Replace “Land Contamination: A Guide for Developers” with | “Land Contamination - A Guide for Developers” |
| Schedule 1, Part 3 (“Requirements”), paragraph 15(1) | Replace “has been submitted” with | “have been submitted” |
| Schedule 1, Part 3 (“Requirements”), paragraph 22(1) | Replace “a OPTMP” with | “an OPTMP” |
| Schedule 1, Part 3 (“Requirements”), paragraph 23(2)(a) | Replace “RNLI” with | “the Royal National Lifeboat Institution” |
| Schedule 1, Part 3 (“Requirements”), paragraph 27(1) | Replace “relevant port Harbour Authority” with | “relevant port health authority” |
| Schedule 1, Part 3 (“Requirements”), paragraph 27(4)(d) | Immediately after “those thresholds are exceeded” replace “.” with | “;” |
| Schedule 1, Part 3 (“Requirements”), paragraph 36 | Replace “the local planning authority” with | “the relevant planning authority” |
| Schedule 1, Part 3 (“Requirements”), paragraph 38 | Replace “the local planning authority” with | “the relevant planning authority” |
| Schedule 1, Part 3 (“Requirements”), paragraph 39(1) | Replace “authorized” with | “authorised” |
| Schedule 1, Part 3 (“Requirements”), paragraph 40(1) | Replace “Country” with | “County” |
| Schedule 1, Part 3 (“Requirements”), paragraph 40(2) | Replace “Country” with | “County” |
| Schedule 1, Part 3 (“Requirements”), paragraph 41(1) | Replace “Country” with | “County” |
| Schedule 7 (“Documents to be certified”) | In the reference to “the agreement pursuant to section 106 of the Town and Country Planning Act 1990”, omit | “(a “section 106 agreement”)” |
| Schedule 7 (“Documents to be certified”) | In the reference to “the agreement pursuant to section 106 of the Town and Country Planning Act 1990”, replace “Country” with | “County” |
| Schedule 8, Part 3 (“For the protection of National Grid Electricity Transmission Plc”), paragraph 39(9)(a) | Replace “sub-paragraphs (6), (7) and (8)” with | “sub-paragraphs (6) and (7)” |
| Schedule 8, Part 3 (“For the protection of National Grid Electricity Transmission Plc”), paragraph 41(1) | Replace “any of these works)”, with | “any of these works” |
| Schedule 8, Part 4 (“For the protection of Western Power Distribution (South Wales) Plc”), paragraph 54(9)(b) | Replace “(11)” with | “(10)” |
| Schedule 8, Part 4 (“For the protection of SSE Energy Supply Limited, SWALEC and, Wales and West Utilities Limited”), paragraph 62 | In the definition of “plans”, replace “include” with | “includes” |
| Schedule 8, Part 4 (“For the protection of SSE Energy Supply Limited, SWALEC and, Wales and West Utilities Limited”), paragraph 62 | In the definition of “protected person”, replace “and, Wales” with | “and Wales” |
| Schedule 8, Part 4 (“For the protection of SSE Energy Supply Limited, SWALEC and, Wales and West Utilities Limited”), paragraph 68(9)(b) | Replace “(11)” with | “(10)” |
(This note is not part of the Order)
This Order corrects errors and omissions in the Swansea Bay Tidal Generating Station Order 2015, which granted development consent under the Planning Act 2008, following a request from the undertaker under paragraph 1(5)(a) of Schedule 4 to that Act.
2008 c.29. The Act was amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by section 112 of, and Schedule 8 to, the Marine and Coastal Access Act 2009 (c.23.). There are other amendments which are not relevant to this Order.
As provided for in Schedule 4 to the Act.
As defined in paragraph 4 of Schedule 4 to the Act.