The Millbrook Gas Fired Generating Station Order 2019

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Operation of authorised development

    4. 6.Benefit of this Order

    5. 7.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 8.Power to alter layout etc. of streets

    2. 9.Street works

    3. 10.Construction and maintenance of new or altered means of access

    4. 11.Temporary prohibition or restriction of use of streets

    5. 12.Stopping up of Streets

    6. 13.Access to works

    7. 14.Agreements with street authorities

    8. 15.Traffic Regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

    2. 19.Statutory authority to override easements and other rights

    3. 20.Time limit for exercise of authority to acquire land compulsorily

    4. 21.Compulsory acquisition of rights etc.

    5. 22.Private rights

    6. 23.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    7. 24.Acquisition of subsoil only

    8. 25.Modification of Part 1 of the Compulsory Purchase Act 1965

    9. 26.Rights under or over streets

    10. 27.Temporary use of land for carrying out the authorised development

    11. 28.Temporary use of land for maintaining the authorised development

    12. 29.Statutory undertakers

    13. 30.Apparatus and rights of statutory undertakers in streets

    14. 31.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 32.Felling or lopping of trees and removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 33.Application of landlord and tenant law

    2. 34.Cases in which land is to be treated as not being operational land

    3. 35.Defence to proceedings in respect of statutory nuisance

    4. 36.Protective provisions

    5. 37.Amendment and Modification of statutory provisions

    6. 38.Certification of plans etc.

    7. 39.Service of notices

    8. 40.Procedure in relation to certain approvals

    9. 41.Arbitration

    10. 42.Funding

    11. 43.Low Level Restoration Scheme

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In Central Bedfordshire— A nationally significant infrastructure project as defined...

      2. A nationally significant infrastructure project as defined in sections 14(1)(a)...

      3. Work No. 1A development comprising a generating station including—

      4. Work No. 1B development comprising a generating station and gas...

      5. Work No. 1C development comprising a generating station and electrical...

      6. Work No. 1D development comprising a generating station including—

      7. Work No. 2A development comprising the creation of a junction...

      8. Work No. 2B development comprising a new means of access,...

      9. Work No. 3A development comprising gas infrastructure including—

      10. Work No. 3B development comprising creation of a permanent access...

      11. Work No. 4A development comprising a gas pipeline including—

      12. Work No. 4B development comprising a construction laydown area including...

      13. Work No. 5 development comprising electrical infrastructure between Work No....

      14. Work No. 6 development comprising an electrical substation at transmission...

      15. Work No 7 development comprising works to transmission towers and...

      16. Work No. 8 development comprising a construction laydown area(s) including...

      17. and such other buildings, structures, works or operations as may...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limits

      2. 2.Detailed design approval

      3. 3.Provision of landscaping and ecological mitigation

      4. 4.Implementation and maintenance of landscaping and ecological mitigation measures

      5. 5.Highway accesses

      6. 6.Fencing and other means of site perimeter enclosure

      7. 7.Surface and foul water drainage

      8. 8.Contamination and groundwater

      9. 9.Archaeology

      10. 10.Construction Environment Management Plan

      11. 11.Construction traffic management plan

      12. 12.Control of noise during operation

      13. 13.Control of noise during construction

      14. 14.Construction hours

      15. 15.Lighting strategy

      16. 16.Construction Travel Plan

      17. 17.Operating hours

      18. 18.Decommissioning strategy

      19. 19.Amendments to approved details

      20. 20.Low Level Restoration Scheme

      21. 21.Air Safety

    3. SCHEDULE 3

      STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      ACCESS

      1. PART 1 THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE

      2. PART 2 THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

      3. PART 3 THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

    6. SCHEDULE 6

      TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

    7. SCHEDULE 7

      STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

    8. SCHEDULE 8

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation to the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modifications referred to in paragraph 4(a) are as...

    9. SCHEDULE 9

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    10. SCHEDULE 10

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This part of this Schedule does not apply to apparatus...

        4. 4.Regardless of the temporary prohibition or restriction of use of...

        5. 5.Regardless of any provision in this Order or anything shown...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this part...

        8. 8.(1) Not less than 28 days before starting the execution...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Nothing in this part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 29 (statutory undertakers)...

        3. 14.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 15.This part of this Schedule does not apply to—

        5. 16.Nothing in this part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID

        1. 17.Application

        2. 18.Interpretation

        3. 19.Except for paragraphs (20) (apparatus in streets subject to temporary...

        4. 20.Apparatus of National Grid in streets subject to temporary prohibition or restriction

        5. 21.Acquisition of land

        6. 22.Removal of apparatus

        7. 23.Facilities and rights for alternative apparatus

        8. 24.Retained apparatus: protection of National Grid as Gas Undertaker

        9. 25.Retained apparatus: protection of National Grid as Electricity Undertaker

        10. 26.Expenses

        11. 27.Indemnity

        12. 28.Enactments and agreements

        13. 29.Co-operation

        14. 30.Access

        15. 31.Arbitration

      4. PART 4 FOR THE PROTECTION OF EPN

        1. 32.For the protection of EPN as referred to in this...

        2. 33.In this part of this Schedule— “alternative apparatus” means alternative...

        3. 34.This part of this Schedule does not apply to apparatus...

        4. 35.Regardless of the temporary prohibition or restriction of use of...

        5. 36.Regardless of any provision in this Order or anything shown...

        6. 37.(1) If, in the exercise of the powers conferred by...

        7. 38.(1) Where, in accordance with the provisions of this part...

        8. 39.(1) Not less than 28 days before starting the execution...

        9. 40.(1) Subject to the following provisions of this paragraph, the...

        10. 41.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 42.Nothing in this part of this Schedule affects the provisions...

      5. PART 5 FOR THE PROTECTION OF ANGLIAN WATER

        1. 43.For the protection of Anglian Water, the following provisions shall,...

        2. 44.In this Part of this schedule— “alternative apparatus” means alternative...

        3. 45.This Part of this Schedule does not apply to apparatus...

        4. 46.The undertaker must not interfere with, build over or near...

        5. 47.The alteration, extension, removal or re-location of any apparatus shall...

        6. 48.In the situation, where in exercise of the powers conferred...

        7. 49.Regardless of any provision in this Order or anything shown...

        8. 50.If the undertaker is unable to create the new rights...

        9. 51.If in consequence of the exercise of the powers conferred...

        10. 52.In consequence of the exercise of the powers conferred by...

        11. 53.If for any reason or in consequence of the construction...

        12. 54.(1) Nothing in paragraph 53 imposes any liability on the...

        13. 55.Any difference or dispute arising between the undertaker and Anglian...

      6. PART 6 FOR THE PROTECTION OF COVANTA ROOKERY SOUTH LIMITED

        1. 56.For the protection of Covanta Rookery South Limited (Company No....

        2. 57.In this part of this Schedule— “Covanta” means Covanta Rookery...

        3. 58.Co-operation during construction

        4. 59.The undertaker shall not exercise powers pursuant to articles 9...

        5. 60.(1) Wherever in this Part of this Schedule provision is...

        6. 61.Insofar as the construction of the Millbrook authorised development is...

        7. 62.Insofar as the construction of the Millbrook authorised development gives...

        8. 63.Arbitration

      7. PART 7 FOR THE PROTECTION OF NETWORK RAIL

        1. 64.For the protection of Network Rail as referred to in...

        2. 65.In this part of this Schedule— “Network Rail” means Network...

        3. 66.(1) Where under this Part Network Rail is required to...

        4. 67.The undertaker shall include provisions relating to anti-dazzle fencing in...

        5. 68.(1) The undertaker shall not submit the written details of...

        6. 69.The undertaker shall not be obliged to construct the anti-dazzle...

        7. 70.(1) The undertaker shall not submit the construction traffic management...

        8. 71.(1) Any difference or dispute arising between the undertaker and...

        9. 72.Nothing in this Order, or in any enactment incorporated with...

    11. SCHEDULE 11

      MODIFICATIONS TO AND AMENDMENTS OF THE ROOKERY SOUTH (RESOURCE RECOVERY FACILITY) ORDER 2011

      1. 1.Article 33 to the Rookery South (Resource Recovery Facility) Order 2011

      2. 2.After the words “Schedule 7” and before the words “Protection...

      3. 3.Schedule 7 to the Rookery South (Resource Recovery Facility) Order 2011

    12. SCHEDULE 12

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Applications made under requirements

      2. 2.Further information

      3. 3.Appeals

      4. 4.In this Schedule “relevant authority” means the relevant planning authorities,...

    13. SCHEDULE 13

      ARBITRATION RULES

      1. 1.Primary Objective

      2. 2.The Arbitration shall be deemed to have commenced when a...

      3. 3.Time Periods

      4. 4.Time periods will be calculated from the day after the...

      5. 5.Timetable

      6. 6.Within 14 days of the Arbitrator being appointed, the Claimant...

      7. 7.Within 14 days of receipt of the Claimant's Rule 6...

      8. 8.Within 7 days of the Respondent serving its Rule 7...

      9. 9.Procedure

      10. 10.The Arbitrator shall make an award on the substantive difference(s)...

      11. 11.Either party may, within 2 days of delivery of the...

      12. 12.Within 7 days of receiving the last submission, the Arbitrator...

      13. 13.Within 10 days of the Arbitrator advising the parties that...

      14. 14.A decision will be made by the Arbitrator on whether...

      15. 15.There will be no process of examination and cross-examination of...

      16. 16.Within 14 days of a Hearing or a decision by...

      17. 17.The Arbitrator may make other directions or rulings as considered...

      18. 18.If a party fails to comply with the timetable, procedure...

      19. 19.The Arbitrator's award shall include reasons. The parties shall accept...

      20. 20.Arbitrator's Powers

      21. 21.There shall be no discovery or disclosure, except that the...

      22. 22.Any time limits fixed in accordance with this procedure or...

      23. 23.On the date the award is made, the Arbitrator will...

      24. 24.Costs

      25. 25.Where the difference involves connected/interrelated issues, the Arbitrator will consider...

      26. 26.The final award shall fix the costs of the arbitration...

      27. 27.The Arbitrator will award recoverable costs on the general principle...

      28. 28.Confidentiality

      29. 29.The parties and Arbitrator agree that any matters, materials, documents,...

    14. SCHEDULE 14

      DOCUMENTS AND PLANS TO BE CERTIFIED

  11. Explanatory Note