The East Northamptonshire Resource Management Facility Order 2013

Citation and commencement

1.  This Order may be cited as the East Northamptonshire Resource Management Facility Order 2013 and shall come into force on the 31st July 2013.

Interpretation

2.—(1) In this Order—

“the 1990 Act” means the Town and Country Planning Act 1990(1);

“the 2008 Act” means the Planning Act 2008;

“ancillary works” means the ancillary works described in Schedule 1 (authorised project) and any other works authorised by this Order and which are not development(2);

“authorised development” means the development and associated development(3) described in Schedule 1 (authorised project) and any other development authorised by this Order;

“the environmental document” means the document certified as the environmental document by the Secretary of State for the purposes of this Order;

“the authorised project” means the authorised development and the ancillary works;

“hazardous waste” means waste defined as such in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005(4) and as may be amended from time to time in these or equivalent regulations;

“the land plan” means the plan certified as the land plan by the Secretary of State for the purposes of this Order;

“low level waste” means radioactive waste comprising solid radioactive waste up to a maximum specific activity of 200Bq/g;

“maintain” includes maintain, inspect, repair, remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve and “maintenance” shall be construed accordingly;

“the Order limits” means the limits shown on the works plan within which the authorised project may be carried out;

“relevant planning authority” means the county planning authority(5);

“the site” means land within the Order limits;

“the undertaker” means Augean South Limited or such other person as has the benefit of this Order under section 156(1) of the 2008 Act;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works plan” means the plan certified as the works plan by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3) References in this Order to numbered requirements are to the requirements with those numbers in Schedule 2.

(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project shall be taken to be measured along that work.

Development consent etc. granted by the Order

3.  Subject to the provisions of this Order and to the requirements in Schedule 2 (requirements) attached to this Order the undertaker is granted—

(a) development consent for the authorised development; and

(b) consent for the ancillary works,

to be carried out within the Order limits.

Maintenance of authorised project

4.  The undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.

Procedure in relation to approvals etc under the requirements

5.—(1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by any of the requirements, the following provisions apply, so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission, as if the requirement was a condition imposed on the grant of planning permission—

(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);

(b) any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission.

(2) For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission in so far as it makes provision in relation to an application for such a consent, agreement or approval, or the grant or refusal of such an application, or a failure to give notice of a decision on such an application.

Defence to proceedings in respect of statutory nuisance

6.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990(6) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraphs (a), (c), (d), (e), (g) or (ga) of section 79(1) of that Act no order shall be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974(7); or

(ii) is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in accordance with a scheme of monitoring and attenuation agreed with the relevant planning authority as described in requirement 4; or

(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), shall not apply where any 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 project.

Certification of plans etc

7.—(1) The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the following plans and documents—

(a) the land plan (WS010001/ENRMF/PLANS/LAND);

(b) the works plan (WS010001/ENRMF/PLANS/WORKS);

(c) Elevations of main infrastructure including buildings (WS010001/ENRMF/PLANS/ELEVATION3);

(d) The site access from Stamford Road (WS010001/ENRMF/PLANS/ELEVATION4);

(e) Proposed post-settlement restoration contours (WS010001/ENRMF/PLANS/ELEVATION1);

(f) Elevations of the infrastructure associated with the soil treatment plant (WS010001/ENRMF/PLANS/ELEVATION5);

(g) Elevations of the stockpiles and bunds (WS010001/ENRMF/PLANS/ELEVATION2);

(h) figure ES6 of the environmental document;

(i) the Biodiversity Action Plan for East Northants RMF at appendix 3 of appendix ESF to the environmental document;

(j) the Restoration Scheme (WS010001/ENRMF/PLANS/SITE1);

(k) the transport assessment at appendix ESJ to the environmental document (WS010001/ENRMF/ESAPPESJ);

(l) figures ES10A to ES10J of the environmental document;

(m) the environmental document;

(n) Noise management and monitoring scheme (WS010001/ENRMF/ESAPPESE);

(o) the current permits for the landfill site (EPR/TP3430GW) and the soil treatment plant (YP3138XB); and

(p) any other plans or documents referred to in this Order,

for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Arbitration

8.  Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Signed by authority of the Secretary of State for Communities and Local Government

Eric Pickles

Secretary of State for Communities and Local Government

Department for Communities and Local Government

10th July 2013