The Abergelli Power Gas Fired Generating Station Order 2019

Statutory Instruments

2019 No. 1268

Infrastructure Planning

The Abergelli Power Gas Fired Generating Station Order 2019

Made

19th September 2019

Coming into force

10th October 2019

An application under section 37 of the Planning Act 2008(1) (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 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(2). The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 of the 2008 Act(3).

The Secretary of State, has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(4) and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application.

In accordance with section 127 of the 2008 Act(5), the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115, and 120 of the 2008 Act, makes the following Order—

(1)

2008 c.29. The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c.20), sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), section 43 of the Wales Act 2017 (c.4) and paragraph 12(2) of Schedule 1 to S.I. 2013/124. Transitional provisions are contained in section 70 of and Schedule 7 paragraphs 1 and 6 to, the Wales Act 2017 and in S.I. 2013/1124.

(2)

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

(3)

Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of section 25(20) to the Localism Act 2011 (c.20).

(4)

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.

(5)

Section 127 was amended by sections 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraph 64(2) of Schedule 13(1).