The Thurrock Flexible Generation Plant Development Consent Order 2022

PART 2 E+W+S PRINCIPAL POWERS

Development consent etc. granted by the Order E+W+S

3.  Subject to the provisions of this Order, including the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Commencement Information

I1 Art. 3 in force at 10.3.2022, see art. 1

Limits of deviation E+W+S

4.—(1) The undertaker must construct the authorised development within the Order limits shown on the works plans.

(2) In constructing or maintaining the authorised development, the undertaker may deviate laterally from the indicative centrelines or situations of the authorised development shown on the works plans to the extent of the limits of deviation for each work shown on those plans and vertically from the levels of the authorised development shown on the illustrative cross section plans—

(a) upwards only within the parameters for the relevant work set out in table 1 in requirement 4; or

(b) downwards to any distance.

Commencement Information

I2 Art. 4 in force at 10.3.2022, see art. 1

Maintenance of authorised development E+W+S

5.—(1) Subject to sub-paragraph (2), the undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

(2) This article only authorises the carrying out of maintenance works within the Order limits.

Commencement Information

I3 Art. 5 in force at 10.3.2022, see art. 1

Operation of generating station E+W+S

6.—(1) The undertaker is authorised to use and operate the authorised development for which development consent is granted by this Order.

(2) Paragraph (1) does not relieve the undertaker of any requirement to obtain any permit or licence under any legislation that may be required from time to time to authorise the operation of the authorised development.

Commencement Information

I4 Art. 6 in force at 10.3.2022, see art. 1

Benefit of Order E+W+S

7.—(1) Subject to article 8 (consent to transfer benefit of order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to—

(a) Work no. 3 in relation to which this Order has effect for the benefit of the undertaker and NGET; and

(b) Work nos. 4 and 5 in relation to which this Order has effect for the benefit of the undertaker and NGG.

Commencement Information

I5 Art. 7 in force at 10.3.2022, see art. 1

Consent to transfer benefit of Order E+W+S

8.—(1) Subject to paragraphs (4) and (5), the undertaker may—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transferee or lessee is—

(a) the holder of a licence under section 6 of the Electricity Act 1989(1);

(b) in relation only to a transfer or lease of Work nos. 4 or 5, the holder of a licence under section 7 of the Gas Act 1986(2);

(c) in relation to a transfer or lease of any works within a highway, a highway authority responsible for the highways within the Order limits; and

(d) in relation to a transfer or lease of any works within a street situated within the Port of Tilbury or Work no. 15, Port of Tilbury London Limited or any successor as the statutory harbour authority for the Port of Tilbury.

(5) Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must notify the Secretary of State and the Port of Tilbury London Limited in writing before transferring or granting a benefit referred to in paragraph (1).

(6) The notification referred to in paragraph (5) must state—

(a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

(b) subject to paragraph (7), the date on which the transfer will take effect;

(c) the powers to be transferred or granted;

(d) pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates.

(7) The date specified under paragraph (6)(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notice.

(8) The notice given under paragraph (5) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

Commencement Information

I6 Art. 8 in force at 10.3.2022, see art. 1

Defence to proceedings in respect of statutory nuisance E+W+S

9.—(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990(3) in relation to a nuisance falling within paragraph (g) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974(4);

(b) is a consequence of the construction or maintenance of the authorised development and cannot reasonably be avoided; or

(c) is a consequence of the use of the authorised development and cannot reasonably be avoided.

(2) Section 61(9) (prior consent for work on construction site) of the Control of Pollution Act 1974 does not 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 development.

Commencement Information

I7 Art. 9 in force at 10.3.2022, see art. 1

Disapplication of legislation etc. E+W+S

10.—(1) The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of, or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a) the West Tilbury Commons, West Tilbury, Essex, Bye-Laws, made by the Conservators of West Tilbury Commons, under the powers of the Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893(5);

(b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the authority) to the Water Resources Act 1991(6);

(c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991(7);

(d) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(8) in respect of a flood risk activity (including works affecting sea defences) only;

(e) sections 23 and 30 of the Land Drainage Act 1991(9); and

(f) the provisions of the Neighbourhood Planning Act 2017(10) in so far as they relate to the temporary possession of land under articles 28 and 29 of this Order.

(2) The carrying out of any of the following works and operations—

(a) Work nos. 12(a), 12(e), and 15;

(b) any ancillary work listed in Schedule 1;

(c) the use of any street within the port or Work no. 12 for the passage of construction, maintenance or decommissioning vehicles utilised for the authorised development; and

(d) any activities carried out pursuant to the requirements set out in Schedule 2,

is not to be regarded as conflicting, or constituting non-compliance by Port of Tilbury London Limited, with the following requirements in Schedule 2 to the Port of Tilbury (Expansion) Order 2019—

(a) Requirement 4;

(b) Requirement 5;

(c) Requirement 11 (c), (d), (f) and (h); and

(d) Requirement 12.

Commencement Information

I8 Art. 10 in force at 10.3.2022, see art. 1

(1)

1989 c. 29.

(2)

1986 c. 44. Section 7(1) was amended by section 76 of the Utilities Act 2000 (c. 27) and section 197 of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20).

(3)

1990 c. 43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25). There are amendments to this Act which are not relevant to this Order.

(4)

1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15 of Schedule 3 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995.

(5)

1893 c. 102.

(6)

1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraphs 40 and 49 of Schedule 25 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224 of, and paragraphs 20 and 24 of Schedule 16, and Part 5(B) of Schedule 22, to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

(7)

As substituted by section 31 of, and paragraphs 25 and 38 of Schedule 2 to the Water Management Act 2010 (c. 29) and section 86(1) and (3) of the Water Act 2014 (c. 21).

(8)

2016/1154.

(9)

1991 c. 59.

(10)

2017 c. 20.