The Willington C Gas Pipeline Order 2014

Application and modification of legislative provisions

3.—(1) Regulation 6(1) of the 1997 Regulations applies to the development consent granted by this Order except that it is modified so as to read for the purposes of this Order only as if there were inserted after sub-paragraph (e) the following—

“(ea) for the carrying out of development for which development consent has been granted under the Planning Act 2008.”

(2) Section 78(1) of the 1990 Act(1) applies to the development consent granted by this Order and to the Requirements except that it is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (b) the following—

“(ba) refuse an application for any consent, agreement or approval of that authority required by a requirement imposed on a grant of development consent or contained in a development consent order, or grant it subject to conditions;

(bb) refuse an application for any consent, agreement or approval of that authority required by a condition imposed on any consent, agreement or approval of that authority given pursuant to a requirement imposed on a grant of development consent or contained in a development consent order;

(bc) fail to give notice to the applicant of their decision on an application of the kind referred to in (ba) or (bb), within the time prescribed by a development order or such extended time as may at any time be agreed in writing between the applicant and the planning authority; or”.

(3) Sections 78 and 79 of the 1990 Act(2) have effect in relation to any appeal under section 78(1) as so applied.

(4) Regulation 16 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(3) applies to any application to discharge a Requirement as if the Requirement were a condition attached to the grant of planning permission.

(5) Any orders, rules or regulations that apply to applications pursuant to conditions or the subject matter of section 78 of the 1990 Act apply to any application or appeal made under that section as modified by this article, insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and any orders, rules or other regulations made under the 2008 Act.

(6) Appeals by the undertaker under section 78 of the 1990 Act as modified by this article must be dealt with by the Secretary of State and appropriate Minister as if the appeal were made by a statutory undertaker against a determination of an application to which section 266(1) of the 1990 Act applies, provided that the undertaker making the appeal holds a licence under section 6 of the Electricity Act 1989(4).

(1)

Section 78 was amended by section 43(2) of the Planning and Compulsory Purchase Act 2004 (c.5), paragraph 3(b) of Schedule 10 to the Planning Act 2008, section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011 and paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013.

(2)

Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 (c.34) and by paragraph 4 of Schedule 10 to the Planning Act 2008.

(3)

S.I. 2012/2920, to which there are amendments not relevant to this Order.

(4)

1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), sections 136 and 145 of, and Schedule 23 to, the Energy Act 2004 (c.20), regulation 5 of S.I. 2011/2704 and article 6 of S.I. 2012/2400.