The Net Zero Teesside Order 2024

Statutory Instruments

2024 No. 174

Infrastructure Planning

The Net Zero Teesside Order 2024

Made

16th February 2024

Coming into force

11th March 2024

An application has been made to the Secretary of State under section 37 (applications for orders granting development consent) of the Planning Act 2008(1) (the “2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) for an Order granting development consent.

The application was examined by a Panel as Examining authority appointed by the Secretary of State pursuant to sections 61(3) and 65(4) of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(5). The Examining authority having considered the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2)(6) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State having considered the representations made and not withdrawn, the report and recommendation of the Examining authority and having taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(7) and having had regard to the documents and matters referred to in section 104(2)(8) (decisions in cases where national policy statement has effect) of the 2008 Act has determined to make an Order granting development consent for the development comprised in the application on terms that, in the opinion of the Secretary of State, are not materially different from those comprised in the application.

The Secretary of State is satisfied that open space comprised within the Order land, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public and that, accordingly, section 132(3)(9) of the 2008 Act applies;

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114, 115, 120(10), 140 and 149A of the 2008 Act, makes the following Order—

(1)

2008 c. 29. Section 37 was amended by Chapter 6 and Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).

(2)

S.I. 2009/2264.

(3)

Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 c. 20 and by section 26 of the Infrastructure Act 2015 c. 7.

(4)

Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 c. 20 and by section 27(1) of the Infrastructure Act 2015 c. 7.

(5)

S.I. 2010/103, amended by S.I. 2012/635.

(6)

Section 74 was amended by the Localism Act 2011 (c. 20) section 128(2) and 237, Schedule 13 paragraph 29 and Schedule 25, Part 20.

(7)

S.I. 2017/572.

(8)

Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011 c. 20.

(9)

Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).

(10)

Sections 114, 115 and 120 were amended by sections 128(2) and 140 and Schedule 13, paragraphs 1, 55(1), (2) and 60(1) and (3) of the Localism Act 2011. Relevant amendments were made to section 115 by section 160(1) to (6) of the Housing and Planning Act 2016 (c. 22).