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The Eggborough Gas Fired Generating Station Order 2018

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Operation of authorised development

    4. 6.Benefit of the Order

    5. 7.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 8.Street works

    2. 9.Power to alter layout, etc., of streets

    3. 10.Construction and maintenance of new or altered means of access

    4. 11.Temporary stopping up of streets, public rights of way and public rights of navigation

    5. 12.Access to works

    6. 13.Agreements with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 14.Discharge of water

    2. 15.Authority to survey and investigate the land

    3. 16.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION

    1. 17.Compulsory acquisition of land

    2. 18.Statutory authority to override easements and other rights

    3. 19.Time limit for exercise of authority to acquire land compulsorily

    4. 20.Compulsory acquisition of rights

    5. 21.Private rights

    6. 22.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    7. 23.Acquisition of subsoil only

    8. 24.Application of Part 1 of the Compulsory Purchase Act 1965

    9. 25.Rights under or over streets

    10. 26.Temporary use of land for carrying out the authorised development

    11. 27.Temporary use of land for maintaining the authorised development

    12. 28.Statutory undertakers

    13. 29.Apparatus and rights of statutory undertakers in stopped up streets

    14. 30.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 31.Felling or lopping of trees

    2. 32.Protective works to buildings

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 33.Protective provisions

    2. 34.Deemed marine licence

    3. 35.Application of landlord and tenant law

    4. 36.Operational land for purposes of the 1990 Act

    5. 37.Defence to proceedings in respect of statutory nuisance

    6. 38.Certification of plans etc

    7. 39.Service of notices

    8. 40.Procedure in relation to certain approvals etc

    9. 41.Arbitration

    10. 42.Crown rights

    11. 43.Guarantees in respect of payment of compensation

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the County of North Yorkshire and the District of...

      2. Work No. 1 – an electricity generating station located on...

      3. and further associated development in connection with the nationally significant...

      4. Work No. 2 comprising— (e) Work No. 2A – temporary...

      5. Work No. 3 – electrical connection works comprising—

      6. Work No. 4 – cooling water connection works, comprising works...

      7. Work No. 5 – groundwater and towns water supply connection...

      8. Work No. 6 – gas supply pipeline connection works for...

      9. Work No. 7 – an above ground installation west of...

      10. Work No. 8 – retained landscaping comprising—

      11. Work No. 9 – surface water drainage connection to Hensall...

      12. Work No. 10 – vehicular, pedestrian and cycle access works...

      13. In connection with and in addition to Works Nos. 1...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

      3. 3.Notice of commencement and completion of commissioning

      4. 4.Notice of commencement of commercial use and requirement for cessation of existing coal-fired power station electricity generation

      5. 5.Detailed design

      6. 6.Landscaping and biodiversity protection management and enhancement

      7. 7.Public rights of way diversions

      8. 8.External lighting

      9. 9.Highway accesses

      10. 10.Means of enclosure

      11. 11.Site security - above ground installation (Work No. 7)

      12. 12.Fire prevention

      13. 13.Surface and foul water drainage

      14. 14.Flood risk mitigation

      15. 15.Contaminated land and groundwater

      16. 16.Archaeology

      17. 17.Protected species

      18. 18.Construction environmental management plan

      19. 19.Protection of highway surfaces

      20. 20.Construction traffic management plan

      21. 21.Construction workers travel plan

      22. 22.Construction hours

      23. 23.Control of noise and vibration - construction

      24. 24.Control of noise - operation

      25. 25.Piling and penetrative foundation design

      26. 26.Waste management on site - construction wastes

      27. 27.Restoration of land used temporarily for construction

      28. 28.Combined heat and power

      29. 29.Aviation warning lighting

      30. 30.Air safety

      31. 31.Carbon capture readiness reserve space

      32. 32.Carbon capture readiness monitoring report

      33. 33.Local liaison committee

      34. 34.Employment, skills and training plan

      35. 35.Ambient air monitoring

      36. 36.Decommissioning

      37. 37.Requirement for written approval

      38. 38.Approved details and amendments to them

      39. 39.Amendments agreed by the relevant planning authority

      40. 40.Ground subsidence

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    5. SCHEDULE 5

      ACCESS

      1. PART 1 THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE

      2. PART 2 THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY

      3. PART 3 THOSE WORKS TO RESTORE THE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

    6. SCHEDULE 6

      STREETS TO BE TEMPORARILY STOPPED UP

    7. SCHEDULE 7

      PUBLIC RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION TO BE STOPPED UP OR SUSPENDED

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP

      2. PART 2 PUBLIC RIGHTS OF NAVIGATION TO BE TEMPORARILY SUSPENDED

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1.Interpretation

    9. SCHEDULE 9

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.Compensation enactments

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation on the scope of paragraph 1, the...

      4. 4.Application of the 1965 Act

      5. 5.For section 7 of the 1965 Act (measure of compensation...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 of the 1965 Ac (powers of entry) is...

      8. 8.Section 20 of the 1965 Act (tenants at will, etc.)...

      9. 9.Section 22 (interests omitted from purchase) of the 1965 Act...

      10. 10.For Schedule 2A to the 1965 Act substitute— SCHEDULE 2A COUNTER-NOTICE...

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under requirements

      2. 2.Further information and consultation

      3. 3.Fees

      4. 4.Appeals

      5. 5.Interpretation of Schedule 11

    12. SCHEDULE 12

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this Part— “alternative apparatus” means alternative apparatus adequate to...

        3. 3.This Part does not apply to apparatus in respect of...

        4. 4.Regardless of the temporary prohibition or restriction of use of...

        5. 5.Regardless of any provision in this Order or anything shown...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this Part,...

        8. 8.(1) Not less than twenty-eight days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Nothing in this Part affects the provisions of any enactment...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 28 (statutory undertakers)...

        3. 14.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 15.This part of this Schedule does not apply to—

        5. 16.Nothing in this Part affects the provisions of any enactment...

      3. PART 3 FOR THE PROTECTION OF CANAL AND RIVER TRUST

        1. 17.Interpretation

        2. 18.Powers requiring CRT's consent

        3. 19.Fencing

        4. 20.Survey of waterway

        5. 21.Approval of plans, protective works etc.

        6. 22.Design of works

        7. 23.Notice of works

        8. 24.Lighting

        9. 25.Construction of specified works

        10. 26.Prevention of pollution

        11. 27.Access to work – provision of information

        12. 28.Alterations to the waterway

        13. 29.Maintenance of works

        14. 30.Repayment of CRT's fees, etc.

        15. 31.Costs of alterations, etc.

        16. 32.Making good of detriment; compensation and indemnity, etc.

        17. 33.Arbitration

        18. 34.Capitalised sums

    13. SCHEDULE 13

      DEEMED MARINE LICENCE UNDER PART 4 (MARINE LICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009

      1. PART 1 INTRODUCTION

        1. 1.(1) In this licence— “the 2008 Act” means the Planning...

        2. 2.Addresses

      2. PART 2 LICENSED ACTIVITIES

        1. 3.(1) Subject to the licence conditions in Part 3 of...

      3. PART 3 CONDITIONS

        1. General

          1. 4.Should the licence holder become aware that any of the...

          2. 5.Any oil, fuel or chemical spill within the marine environment...

          3. 6.(1) Where the licensed activities are to be carried out...

        2. Pre-Construction

          1. 7.(1) The licence holder must submit a method statement to...

          2. 8.The licence holder must inform the MMO in writing of...

          3. 9.A notice to mariners must be issued prior to activities...

          4. 10.(1) The licence holder must notify the MMO in writing...

          5. 11.(1) The licence holder must notify the MMO in writing...

        3. During Construction, Operation and Maintenance

          1. 12.The licence holder must ensure that any coatings and treatments...

          2. 13.The storage, handling, transport and use of fuels, lubricants, chemicals...

          3. 14.The licence holder must not discharge waste concrete slurry or...

          4. 15.(1) Vibro piling must be used as standard, with percussive...

          5. 16.If concrete is to be sprayed suitable protective sheeting must...

          6. 17.During licensed activities all wastes must be stored in designated...

        4. Post Construction

          1. 18.The licence holder must ensure that any equipment, temporary structures,...

          2. 19.The licence holder must ensure that the MMO local Marine...

    14. SCHEDULE 14

      DESIGN PARAMETERS

      1. PART 1 SINGLE SHAFT PARAMETERS

        1. 1.The maximum parameters for the buildings and structures for the...

        2. 2.The maximum parameters and grid reference location of the combined...

        3. 3.The finished ground level in respect of Work No. 1...

      2. PART 2 MULTI-SHAFT PARAMETERS

        1. 4.The maximum parameters for the buildings and structures for the...

        2. 5.The maximum parameters and grid reference location of the combined...

        3. 6.The finished ground level in respect of Work No. 1...

  11. Explanatory Note

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