The Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019 and comes into force on 26th July 2019.

Interpretation

2.—(1) In this Order except where provided otherwise—

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

“the 2008 Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“apparatus” has the same meaning as in section 105(1) of the New Roads and Street Works Act 1991(2);

“authorised development” means the development described in Schedule 1 (authorised development);

“building” includes any structure or erection or any part of a building, structure or erection;

“commence” means beginning to carry out any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

“decommissioning” means the process during which plant components and systems are altered so as to prevent operation but does not include demolition or removal of said plant components and systems, nor their inclusion within the operational arrangements of the authorised development;

“design and access statement” means the document certified by the Secretary of State as the design and access statement for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

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

“E.ON” means E.ON SE whose registered office is at Brussler Platz 1, 45131 Essen, Germany;

“highway authority” means Kent County Council;

“Kemsley CHP Limited” means the company of that name (company number 10082985) whose registered office is at Westwood Way, Westwood Business Park, Coventry, CV4 8LG;

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

“lead local flood authority” has the same meaning as in section 6 of the Flood and Water Management Act 2010(3);

“maintain” includes inspect, repair, adjust or alter the authorised development, and remove, reconstruct or replace any part but not the whole of the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

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

“outline CEMP” means the document certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order;

“relevant internal drainage board” means the internal drainage board for the land in question;

“relevant planning authority” means Swale Borough Council;

“requirement” means those matters set out in Schedule 2 (requirements) and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Schedule with the same number;

“Secretary of State” means the Secretary of State for the Department for Business, Energy and Industrial Strategy or any successor department;

“Southern Gas Networks PLC” means the company of that name (company number 05167021) whose registered office is at St Lawrence House, Station Approach, Horley, Surrey RH6 9HJ;

“the undertaker” means DS Smith Paper Limited (company number 00058614) whose registered office is at 350 Euston Road, London, NW1 3AX;

“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;

“work” means a work set out in Schedule 1 and a reference to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule;

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

(2) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work are taken to be measured along that work.

(3) In this Order “includes” must be construed without limitation.

(4) References in this Order to any statutory body include that body’s successor bodies as from time to time have jurisdiction in relation to the authorised development.

(1)

1990 c. 8.

(2)

1991 c. 22.

(3)

2010 c. 29.