The Hinkley Point C (Nuclear Generating Station) Order 2013

1.—(1) In this Schedule—

“commencement” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008 (which explains when development begins), comprised in or carried out for the purposes of the authorised project and the words “commence” and “commenced” and cognate expressions shall be construed accordingly;

“commissioning” means the process during which plant components and systems, having been constructed or modified, are made operational and verified to be in accordance with design assumptions and to have met the appropriate safety criteria;

“Construction Method Statement” means Annex 2 to the Environmental Statement;

“development” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008, comprised in or carried out for the purposes of the authorised project and such operations shall exclude non-material ecological and habitat management works;

“Environmental Statement” means the environmental statement submitted by the undertaker with its application for development consent in respect of the authorised project;

“enter operation” means the point at which a reactor unit begins generating electricity at or near its rated output;

“exceptional circumstances” are those defined within section 3.4.2 of the TIMP;

“HGV” means any vehicle exceeding a maximum gross weight of 3.5 tonnes (being the maximum allowable total weight when loaded) travelling to or from the HPC Development Site for the purposes of the construction of the Power Station but excluding buses, minibuses and vehicles transporting abnormal indivisible loads;

“HPC construction works” means—

(a)

construction activities associated with the construction of Work Nos. 1A, 1B, 1C, 2A to 2H, 3, 6A to 6J, 8A, TJ1, TJ2 and TJ3; and

(b)

the carrying out of Work No. TJ0;

“HPC helipad” means the proposed helipad identified as no. 60 on Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010);

“HPC operational car park” means the 430 car parking spaces for HPC operational staff, excluding spaces for disabled workers, at the permanent development site, in the car parking areas (no. 62) identified on Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010);

“landscape restoration area” means the area marked ‘landscape restoration: landscape works brought forward pursuant to MS16’ on HPC Development Site Works Plans, Clarification of Requirements (Ref: HP/WP/REQ/01) (submitted 6th August 2012);

“north-west bund” means the earthworks and planting in the location set out in the HEO Environmental Statement Clarification Figures 11.1, 11.2 (Rev 2), 11.3 (Rev 2), 11.4 (Rev 2), 11.5 (Rev 1) and 11.6 (November 2011);

“permanent buildings or structures” means all buildings and structures, save those temporary construction related buildings and structures brought forward pursuant to requirements MS7, OS2, BRIA4, BRIC3, CB4, CP3, C3, J23-3, J24-2 and WP2;

“public holiday” means Christmas Day, Good Friday or a day which under section 1 of the Banking and Financial Dealings Act 1971(1) is a bank holiday in England and Wales;

“security” when mentioned in connection with screens, fences or cabins, means pertaining to activities associated with the management of a site to ensure that the site and relevant parts of the site remain secure at all times;

“start-up and shut-down” in relation to Work Nos. 4A to 4C, 5A and 5B, 6A to 6J, 7A and 7B, 8A and 8B, 9A and 9B, 10, 11, 12, 13, 14A to 14C, 15A to 15C, 16, 17A and 17B, 18,19, 20, 21 and 22 (start-up) means the periods of 30 minutes before the opening up of sites of those works and 30 minutes following the end of the working day (shut-down), during which the arrival of workers, changing into and out of work wear, pre-job briefing and leaving the site prior to closing and securing the site take place;

“TIMP” means the Traffic Incident Management Plan, dated 31st August 2012;

“Waste Management Implementation Strategy” means Annex 5 to the Environmental Statement.

(2) Where under any of the requirements the approval or agreement of the discharging authority or another person is required—

(a) the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b) the approval or agreement must be given in writing.

(3) Where any requirement provides that the authorised project is to be carried out in accordance with details, or a scheme, plan or other document approved or agreed by the discharging authority, the approved or agreed details, scheme, plan or other document shall be taken to include any amendments or revisions subsequently approved or agreed by the discharging authority.

(4) Where any requirement specifies “unless otherwise approved” by the discharging authority or requires the applicant to demonstrate the existence of exceptional circumstances such approval shall not be given or exceptional circumstances agreed except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the discharging authority that the subject-matter of the approval sought or the undertaker’s proposed response to exceptional circumstances is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

(1)

1971 c. 80. There are amendments to this Act which are not relevant to this Order.