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The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

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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 granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Operation of the authorised development

    4. 6.Disapplication of legislative provisions

    5. 7.Benefit of this Order

    6. 8.Consent to transfer benefit of the Order

    7. 9.Security in respect of payment of compensation

  4. PART 3 STREETS

    1. 10.Street works

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

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

    4. 13.Temporary prohibition or restriction of use of streets and public rights of way

    5. 14.Use of private roads

    6. 15.Access to works

    7. 16.Agreements with street authorities

    8. 17.Traffic regulation measures

  5. PART 4 SUPPLEMENTARY POWERS

    1. 18.Discharge of water

    2. 19.Authority to survey and investigate the land

    3. 20.Protective works to buildings

    4. 21.Felling or lopping of trees

    5. 22.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 23.Compulsory acquisition of land

    2. 24.Time limit for exercise of authority to acquire land compulsorily

    3. 25.Compulsory acquisition of rights and imposition of restrictive covenants

    4. 26.Acquisition of subsoil only

    5. 27.Private rights

    6. 28.Power to override easements and other rights

    7. 29.Application of the 1981 Act

    8. 30.Modification of Part 1 of the Compulsory Purchase Act 1965

    9. 31.Rights under or over streets

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

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

    12. 34.Statutory undertakers

    13. 35.Apparatus and rights of statutory undertakers in altered or closed streets

    14. 36.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 37.Electronic communications

    2. 38.Application of landlord and tenant law

    3. 39.Operational land for the purposes of the 1990 Act

    4. 40.Defence to proceedings in respect of statutory nuisance

    5. 41.Protective provisions

    6. 42.Certification of plans etc.

    7. 43.Service of notices

    8. 44.Procedure in relation to certain approvals etc.

    9. 45.No double recovery

    10. 46.Arbitration

    11. 47.Incorporation of the mineral code

    12. 48.Modification of the section 106 agreement relating to land

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.Authorised Development

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limits

      2. 2.Detailed design approval

      3. 3.Parameters of authorised development

      4. 4.Biodiversity and landscape mitigation

      5. 5.Landscape and ecology management plan

      6. 6.Biodiversity net gain

      7. 7.Highway works

      8. 8.Drainage strategy

      9. 9.Contamination and groundwater

      10. 10.Construction environmental management plan

      11. 11.Construction traffic management plan

      12. 12.Operational traffic management plan

      13. 13.Flood emergency management plan

      14. 14.Waste hierarchy scheme

      15. 15.Operational travel plan

      16. 16.Odour management plan

      17. 17.Fire prevention plan

      18. 18.Lighting strategy

      19. 19.Noise management

      20. 20.Notice of start of commissioning and notice of date of final commissioning

      21. 21.Employment and skills strategy

      22. 22.Carbon capture and export readiness reserve space

      23. 23.Carbon capture readiness monitoring report

      24. 24.Community liaison manager

      25. 25.Combined heat and power

      26. 26.Air safety

      27. 27.Local air quality monitoring strategy

      28. 28.Decommissioning

      29. 29.Origin of waste

      30. 30.Amendments to approved details

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

    5. SCHEDULE 5

      STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

    6. SCHEDULE 6

      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

    7. SCHEDULE 7

      TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    9. SCHEDULE 9

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

      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 Part 1 of the 1965 Act

      5. 5.(1) The modifications referred to in paragraph 4(a) are as...

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      PROTECTIVE PROVISIONS

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

        1. 1.The provisions of this Part have effect for the protection...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This Part of this Schedule does not apply to apparatus...

        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 28 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 of this Schedule affects the provisions...

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

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

        2. 13.In this Part of this Schedule— “the 2003 Act” means...

        3. 14.The exercise of the powers of article 34 (statutory undertakers)...

        4. 15.(1) Subject to sub-paragraphs (2) to (4), if as the...

        5. 16.This Part of this Schedule does not apply to—

      3. PART 3 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. 17.Application

        2. 18.Interpretation

        3. 19.On street apparatus

        4. 20.Apparatus of Cadent in altered or closed streets

        5. 21.Protective works to buildings

        6. 22.Acquisition of land

        7. 23.Removal of apparatus

        8. 24.Facilities and rights for alternative apparatus

        9. 25.Retained apparatus: protection of Cadent

        10. 26.Expenses

        11. 27.Indemnity

        12. 28.Enactments and agreements

        13. 29.Co-operation

        14. 30.Access

        15. 31.Arbitration

        16. 32.Notices

      4. PART 4 FOR THE PROTECTION OF EASTERN POWER NETWORKS

        1. 33.For the protection of EPN as referred to in this...

        2. 34.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 35.This Part of this Schedule does not apply to apparatus...

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

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

        6. 38.(1) If, in the exercise of the powers conferred by...

        7. 39.(1) Where, in accordance with the provisions of this Part...

        8. 40.(1) Not less than 28 days before starting the execution...

        9. 41.(1) Subject to the following provisions of this paragraph, the...

        10. 42.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 43.Nothing in this Part of this Schedule affects the provisions...

      5. PART 5 FOR THE PROTECTION OF NATIONAL HIGHWAYS

        1. 44.Application etc.

        2. 45.Interpretation

        3. 46.General

        4. 47.Notwithstanding the provisions of this Order, no works in carrying...

        5. 48.References to any standards, manuals, contracts, regulations and directives including...

        6. 49.Works outside the Order limits

        7. 50.Prior approvals and security

        8. 51.Construction of the specified works

        9. 52.Payments

        10. 53.Provisional Certificate

        11. 54.Opening

        12. 55.Final condition survey

        13. 56.Defects Period

        14. 57.Final Certificate

        15. 58.Security

        16. 59.Commuted sums

        17. 60.Insurance

        18. 61.Indemnity

        19. 62.Maintenance of the specified works

        20. 63.Land

        21. 64.Expert Determination

      6. PART 6 FOR THE PROTECTION OF INTERNAL DRAINAGE BOARD

        1. 65.The provisions of this Part have effect for the protection...

        2. 66.In this Part— “the Board” means Hundred of Wisbech Internal...

        3. 67.(1) Before beginning to construct any specified work, the undertaker...

        4. 68.Without limiting paragraph 67, the requirements which the Board may...

        5. 69.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 70.If by reason of the construction of any specified work...

        7. 71.(1) The undertaker must compensate the Board in respect of...

        8. 72.(1) Without limiting the other provisions of this Part, the...

        9. 73.The fact that any work or thing has been executed...

        10. 74.If in consequence of the powers granted under this Order...

        11. 75.(1) The Board and the undertaker may enter into agreements...

        12. 76.Any dispute between the undertaker and the Board under this...

      7. PART 7 FOR THE PROTECTION OF ANGLIAN WATER

        1. 77.For the protection of Anglian Water, the following provisions shall,...

        2. 78.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 79.On street apparatus

        4. 80.Apparatus in stopped up streets

        5. 81.Protective works to buildings

        6. 82.Acquisition of land

        7. 83.Removal of apparatus

        8. 84.Facilities and rights for alternative apparatus

        9. 85.Retained apparatus

        10. 86.Expenses and costs

        11. 87.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 88.Cooperation

        13. 89.Where the undertaker identifies any apparatus which may belong to...

        14. 90.Nothing in this Part of this Schedule affects the provisions...

        15. 91.The undertaker and Anglian Water may by written agreement substitute...

      8. PART 8 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 92.The provisions of this Part of this Schedule have effect,...

        2. 93.In this Part of this Schedule— “asset protection agreement” means...

        3. 94.(1) Where under this Part of this Schedule Network Rail...

        4. 95.(1) The undertaker must not exercise the powers conferred by—...

        5. 96.(1) The undertaker must before commencing construction of any specified...

        6. 97.(1) Any specified work and any protective works to be...

        7. 98.The undertaker must— (a) at all times afford reasonable facilities...

        8. 99.Network Rail must at all times afford reasonable facilities to...

        9. 100.(1) If any permanent or temporary alterations or additions to...

        10. 101.The undertaker must repay to Network Rail all reasonable fees,...

        11. 102.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 103.If at any time after the completion of a specified...

        13. 104.The undertaker must not provide any illumination or illuminated sign...

        14. 105.Any additional expenses which Network Rail may reasonably incur in...

        15. 106.(1) The undertaker must pay to Network Rail all reasonable...

        16. 107.Network Rail must, on receipt of a request from the...

        17. 108.In the assessment of any sums payable to Network Rail...

        18. 109.The undertaker and Network Rail may, subject in the case...

        19. 110.Nothing in this Order, or in any enactment incorporated with...

        20. 111.The undertaker must give written notice to Network Rail if...

        21. 112.The undertaker must no later than 28 days from the...

        22. 113.In relation to any dispute arising under this part of...

      9. PART 9 FOR THE PROTECTION OF CAMBRIDGESHIRE COUNTY COUNCIL AS HIGHWAY AUTHORITY

        1. 114.(1) The following provisions of this Part of this Schedule,...

        2. 115.(1) Before commencing the construction of, or the carrying out...

        3. 116.(1) The undertaker must not alter, disturb or in any...

        4. 117.(1) Where any part of any highway has been broken...

        5. 118.If any damage to any highway or any property of...

        6. 119.The fact that any act or thing may have been...

        7. 120.Cambridgeshire County Council must use its reasonable endeavours to mitigate...

        8. 121.On completion of the works the undertaker must seek written...

        9. 122.(1) Cambridgeshire County Council must not unreasonably withhold or delay...

        10. 123.On receipt of certification that completed works are acceptable under...

        11. 124.Any difference arising between the undertaker and the Cambridgeshire County...

        12. 125.(1) Subject to sub-paragraphs (2) and (3), the undertaker must...

        13. 126.All reasonable costs incurred by Cambridgeshire County Council under this...

    12. SCHEDULE 12

      PROCEDURE FOR THE DISCHARGE OF REQUIREMENTS

      1. 1.Interpretation

      2. 2.Applications made under requirements

      3. 3.Further information and consultation

      4. 4.Appeals

    13. SCHEDULE 13

      DOCUMENTS AND PLANS TO BE CERTIFIED

    14. SCHEDULE 14

      MAXIMUM AND MINIMUM DESIGN PARAMETERS

    15. SCHEDULE 15

      ARBITRATION RULES

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

  10. Explanatory Note

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