The Slough Multifuel Extension Order 2023

Interpretation

2.—(1) In this Order—

“the 1990 Act” means the Town and Country Planning Act 1990(1);

“the 2008 Act” means the Planning Act 2008(2);

“address” includes any number or address for the purposes of electronic transmission;

“application” means the application made under section 37 of the 2008 Act for an order granting development consent for the authorised development;

“approved generating station plans” means the plans named as the (i) East Elevation of Consented Development and Proposed Project and (ii) Plan and East Elevation of Consented Development and Project certified as the approved generating station plans by the Secretary of State for purposes of this Order and submitted with the application;

“approved variation” means any variations to the TCPA permission conditions or further TCPA permission conditions referred to in requirements 3, 4, 5, 6 and 7 granted by the relevant planning authority pursuant to section 73 or section 96A of the 1990 Act and in accordance with requirements 8 and 9;

“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 (meaning of “development”) of the 2008 Act;

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

“commence” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (when development begins), forming part, or carried out for the purposes, of the authorised development;

“construction environmental management plan” means the document certified as the construction environmental management plan by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

“existing generating station” means the generating station within the Order limits comprised of development authorised by planning permission issued pursuant to the 1990 Act including the TCPA permission and further TCPA permission;

“extended generating station” means a generating station within the Order limits which includes—

(a)

the extension of a generating station comprised of the authorised development; and

(b)

the existing generating station;

“further TCPA permission” means planning permission granted by Slough Borough Council with reference P/00987/025 dated 2 June 2017, and any approved variations thereto;

“land ownership and interests schedule” means the document certified as the land ownership and interests schedule by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

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

“maintain” in relation to any part of the authorised development includes inspect, upkeep, repair, adjust, alter, remove, improve, refurbish, reconstruct and replace provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

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

“relevant planning authority” means Slough Borough Council;

“requirement consultee” means any body or authority named in a TCPA permission condition referred to in the requirements in Schedule 2 as a body to be consulted by the relevant planning authority in discharging the TCPA permission condition;

“requirements” means, or a reference to a numbered requirement is to, those matters set out in Schedule 2 (requirements) to this Order;

“TCPA permission” means planning permission granted by Slough Borough Council with reference P/00987/051 dated 1 February 2022, and any approved variations thereto;

“undertaker” means SSE Slough Multifuel Limited (company number 11271136) or any person who has the benefit of this Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order);

“works plan” means the plan certified as the works plan by the Secretary of State for the purposes of this Order.

(2) All distances, directions, capacities 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.

(3) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order and shown on the works plan.

(4) The expression “includes” is to be construed without limitation unless the contrary intention appears.

(5) References in this Order to any statutory body includes that body’s successor bodies as from time to time have jurisdiction over the authorised development.

(1)

1990 c. 8.

(2)

2008 c. 29.