Interpretation2.
(1)
In this Order—
“the 2008 Act” means the Planning Act 2008;
“the authorised development” means the development and associated development described in Part 1 of Schedule 1 and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“the book of reference” means the book of reference certified by the decision-maker as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“the code of construction practice” means the code of construction practice certified by the decision-maker as the code of practice for the purposes of this Order;
“commence” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, or the temporary display of site notices or advertisements and “commencement” is to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the decision-maker” has the same meaning as in section 103 of the 2008 Act;
“the design and access statement” means the design and access statement certified by the decision-maker as the design and access statement for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plans” means the plans certified as the land plans by the decision-maker for the purposes of this Order;
“limits of deviation” means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plans;
“local highway authority” has the same meaning as in section 329(1) of the 1990 Act;
“maintain” includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve and “maintenance” is to be construed accordingly;
“the Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;
“the Order limits” means the limits shown on the Order limits plan and works plans within which the authorised development may be carried out;
“the Order limits plan” means the plan certified as the Order limits plan by the decision-maker for the purposes of this Order;
“the relevant planning authority” means Central Bedfordshire Council in relation to land in its area and Bedford Borough Council in relation to land in its area, and “the relevant planning authorities” means both of them;
“requirement” means a requirement set out in Part 2 of Schedule 1;
“the rights of way plan” means the plan certified as the rights of way plan by the decision-maker for the purposes of this Order;
“the scheduled works” means the works specified in Part 1 of Schedule 1, or any part of them as the same may be varied pursuant to article 3;
“the sections” means the sections certified as the sections by the decision-maker for the purposes of this Order;
“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“the undertaker” means, in relation to any provision of this Order, Covanta Rookery South Limited and any other person who has the benefit of that provision in accordance with article 7 or section 156 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 also includes the water body or water bodies contained in Rookery North Pit, Stewartby; and
“the works plans” means the plans certified as the works plans by the decision-maker for the purposes of this Order.
(2)
References in this Order to a numbered Work are references to the Work so numbered in Part 1 of Schedule 1.
(3)
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.
(4)
All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.