The York Potash Harbour Facilities Order 2016

Development consent etc. granted by the Order

3.—(1) The undertaker is granted development consent for the authorised development, to be carried out and used subject to the provisions of this Order within the Order limits and subject to the requirements and protective provisions.

(2) It does not constitute a breach of the terms of this Order, if, following the coming into force of this Order, any development, or any part of a development, is carried out or used within the Order limits under planning permission granted under the 1990 Act.

(3) Nothing in requirements 2, 3, 5, 6(1)(a) to (c) and (e) to (l) and 7 to 9 prevents the carrying out of archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the erection of any temporary means of enclosure and the temporary display of site notices or advertisements, immediately upon the Order coming into force.

(4) Nothing in paragraphs 7, 10 to 12, 17, 18, 34, 40, 44, 49 and 51 of Schedule 5 (deemed licence under the 2009 Act) prevents the carrying out of pre-construction surveys and monitoring in relation to any licensed activities immediately upon the Order coming into force.