This Order may be cited as the Riverside Energy Park Order 2020 and comes into force on 1st May 2020.
1981. c.67. Section 7 was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c.34). There are other amendments to this section which are not relevant to this Order.
1968 (c.xxxii).
2004 c.18. There are amendments to this Act not relevant to this Order.
1991 c.56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c.43) and sections 99(2), (4), (5)(a), (5)(b),(5)(c) and 36(2) of the Water Act 2003 (c.37) and section 32, Schedule 3, paragraph 16(1) of the Flood and Water Management Act 2010 c.29.
The functions of the Lands Tribunal under the 1961 Act are transferred to the Upper Tribunal under the Tribunals, Courts and Enforcement Act 2007 (c.15).
Inserted by section 182(2) of The Housing and Planning Act 2016 (c.22).
Inserted by section 202(2) of The Housing and Planning Act 2016 (c.22).
Inserted by paragraph 6 of Schedule 18 to The Housing and Planning Act 2016 (c.22).
Inserted by section 202(1) of the Housing and Planning Act 2016 (c.22).
Inserted by section 186(3) of the Housing and Planning Act 2016 (c.22).
Inserted by schedule 17(1) paragraph 3 to the Housing and Planning Act 2016 (c.22).
1990 c.43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16); section 79 was amended by sections 101 and 102 of the same Act. There are other amendments not relevant to this Order.
Art. 1 in force at 1.5.2020, see art. 1
Art. 2 in force at 1.5.2020, see art. 1
Art. 3 in force at 1.5.2020, see art. 1
Art. 4 in force at 1.5.2020, see art. 1
Art. 5 in force at 1.5.2020, see art. 1
Art. 6 in force at 1.5.2020, see art. 1
Art. 7 in force at 1.5.2020, see art. 1
Art. 8 in force at 1.5.2020, see art. 1
Art. 9 in force at 1.5.2020, see art. 1
Art. 10 in force at 1.5.2020, see art. 1
Art. 11 in force at 1.5.2020, see art. 1
Art. 12 in force at 1.5.2020, see art. 1
Art. 13 in force at 1.5.2020, see art. 1
Art. 14 in force at 1.5.2020, see art. 1
Art. 15 in force at 1.5.2020, see art. 1
Art. 16 in force at 1.5.2020, see art. 1
Art. 17 in force at 1.5.2020, see art. 1
Art. 18 in force at 1.5.2020, see art. 1
Art. 19 in force at 1.5.2020, see art. 1
Art. 20 in force at 1.5.2020, see art. 1
Art. 21 in force at 1.5.2020, see art. 1
Art. 22 in force at 1.5.2020, see art. 1
Art. 23 in force at 1.5.2020, see art. 1
Art. 24 in force at 1.5.2020, see art. 1
Art. 25 in force at 1.5.2020, see art. 1
Art. 26 in force at 1.5.2020, see art. 1
Art. 27 in force at 1.5.2020, see art. 1
Art. 28 in force at 1.5.2020, see art. 1
Art. 29 in force at 1.5.2020, see art. 1
Art. 30 in force at 1.5.2020, see art. 1
Art. 31 in force at 1.5.2020, see art. 1
Art. 32 in force at 1.5.2020, see art. 1
Art. 33 in force at 1.5.2020, see art. 1
Art. 34 in force at 1.5.2020, see art. 1
Art. 35 in force at 1.5.2020, see art. 1
Art. 36 in force at 1.5.2020, see art. 1
Art. 37 in force at 1.5.2020, see art. 1
Art. 38 in force at 1.5.2020, see art. 1
Art. 39 in force at 1.5.2020, see art. 1
Art. 40 in force at 1.5.2020, see art. 1
Art. 41 in force at 1.5.2020, see art. 1
Art. 42 in force at 1.5.2020, see art. 1
Art. 43 in force at 1.5.2020, see art. 1
Words in art. 2(1) inserted (10.3.2021) by The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Words in art. 9(4)(a) substituted (10.3.2021) by The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Words in art. 13(1) omitted (10.3.2021) by virtue of The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Word in art. 20(6) omitted (10.3.2021) by virtue of The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Words in art. 22(2) substituted (10.3.2021) by The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Words in art. 23(2) substituted (10.3.2021) by The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Words in art. 2(1) inserted (17.2.2023) by The Riverside Energy Park (Amendment) Order 2023 (S.I. 2023/165), arts. 1, 3
Art. 6(4) substituted (17.2.2023) by The Riverside Energy Park (Amendment) Order 2023 (S.I. 2023/165), arts. 1, 4
This Order may be cited as the Riverside Energy Park Order 2020 and comes into force on 1st May 2020.
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by means of an electronic communications network; or
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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 airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.
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 taken to be measured along that work.
All areas described in square metres in the book of reference are approximate.
References in this Order to numbered works are references to the works numbered in Schedule 1.
References to “Schedule” are, unless otherwise stated, references to Schedules to this Order.
The expression “
References to any statutory body include any body's successor in respect of functions which are relevant to this Order.
References in this Order to “
Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be constructed, operated and maintained within the Order limits.
Each numbered work must be situated within the corresponding numbered area shown on the works plans and within the limits of deviation.
In constructing and maintaining the authorised development the undertaker may deviate vertically from the levels of the authorised development to any extent downwards not exceeding two metres.
The undertaker may at any time maintain the authorised development except to the extent that this Order and the requirements or an agreement made under this Order provides otherwise.
This article only authorises the carrying out of maintenance works within the Order limits.
The undertaker is authorised to operate the generating station comprised in the authorised development.
Other than as set out in this Order, this article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of an electricity generating station.
The provisions of any bylaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw – making powers of the authority) to the Water Resources Act 1991
Regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 does not apply in respect of any flood risk activity carried out under the powers conferred by this Order.
The section 36 consent and the RRRF planning permission are to be amended for the purposes of this Order only as set out in Schedule 13 (modifications to the section 36 consent and RRRF planning permission).
To the extent that there is an inconsistency on the land coloured brown identified on the REP and RRRF Applications Boundaries Plan between any provision of this Order and all or any of RRRF condition 1, RRRF condition 22, RRRF condition 32, RRRF 2021 condition 1, RRRF 2021 condition 22 or RRRF 2021 condition 32 then, in respect of such inconsistency only, there is deemed to be no breach of all or any of RRRF condition 1, RRRF condition 22, RRRF condition 32, RRRF 2021 condition 1, RRRF 2021 condition 22 or RRRF 2021 condition 32 (as applicable) and no enforcement action can be taken following the carrying out of the pre-commencement works, commencement or operation of the authorised development.
In the event that planning permission 15/02926/OUTM is implemented and the land which is the subject of that planning permission is subsequently used for the temporary uses as authorised under this Order, a new planning permission is not required for the resumption of the land's development and use for which planning permission 15/02926/OUTM grants consent following the end of the temporary uses authorised under this Order.
The provisions of the Neighbourhood Planning Act 2017
Nothing in this Order relieves the undertaker of any obligation to obtain any permit or licence under the Port of London Act 1968
In this article “
Subject to paragraph (2) and article 9 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.
Paragraph (1) does not apply to works falling within the description of paragraph (a) of Work No. 6 (but only in so far as such works relate to Work No. 9) and Work Nos. 9 and 10 for which consent is granted by this Order for the benefit of the undertaker and London Power Networks.
Subject to paragraph (4) the undertaker may, with the consent of the Secretary of State—
transfer to another person (“
grant to another person (“
Where an agreement has been made in accordance with paragraph (1)(a) or (1)(b) references in this Order to the undertaker, except paragraph (3), include references to the transferee or the lessee.
The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
The consent of the Secretary of State is required for the exercise of the powers under paragraph (1) except where—
the transfer or grant is made to Riverside Energy Park Limited
the transferee or lessee holds a licence under section 6 (licences authorising supply, etc.) of the Electricity Act 1989; or
the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
no such claims have been made;
any such claims that have been made have all been compromised or withdrawn;
compensation has been paid in final settlement of any claims made;
payment of compensation into court in lieu of settlement of all such claims has take place; or
it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable.
Where the consent of the Secretary of State is not required under paragraph (4), the undertaker must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1).
The notification referred to in paragraph (5) must state—
the name and contact details of the person to whom the benefit of the powers will be transferred or granted;
subject to paragraph (7), the date on which the transfer will take effect;
the powers to be transferred or granted;
pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and
where relevant, a plan showing the works or areas to which the transfer or grant relates.
The date specified under paragraph (6)(b) must not be earlier than the expiry of five working days from the date of the receipt of the notice.
The notice given under paragraph (5) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either—
a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or
an alternative form of security and the amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).
The provisions are—
article 22 (compulsory acquisition of land);
article 24 (compulsory acquisition of rights);
article 26 (private rights);
article 31 (temporary use of land for carrying out the authorised development);
article 32 (temporary use of land for maintaining the authorised development); and
article 33 (statutory undertakers).
A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.
Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.
The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) and may—
break up or open the street, or any sewer, drain or tunnel under it;
drill, tunnel or bore under the street;
place apparatus in the street;
maintain apparatus in the street, change its position or remove it; and
execute any works required for or incidental to any works referred to in sub-paragraph (a), (b), (c) or (d).
The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).
The undertaker may for the purposes of the authorised development alter the layout of or construct any works in the street in the case of permanent works as specified in column (2) of Part 1 of Schedule 4 (streets subject to permanent alteration of layout) in the manner specified in relation to that street in column (3) of that Part of that Schedule and in the case of temporary works as specified in column (2) of Part 2 of Schedule 4 in the manner specified in relation to that street in column (3) of that Part of that Schedule.
Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating or maintaining the authorised development alter the layout of any street within the order limits and, without limiting the scope of this paragraph, the undertaker may—
alter the level or increase the width of any kerb, footway, cycle track or verge;
make and maintain passing places.
The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.
The powers conferred by paragraph (2) must not be exercised without the consent of the street authority.
Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
The undertaker may, during and for the purposes of constructing the authorised development, temporarily alter, divert, prohibit the use of or restrict the use of any street or public right of way
divert the traffic from the street or public right of way; and
subject to paragraph (3), prevent all persons from passing along the street or public right of way.
Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site.
The undertaker must provide reasonable access for non-motorised users (including pedestrians) and vehicles going to or from premises abutting a street or public right of way affected by the temporary alteration, diversion, prohibition or restriction of a street or public right of way under this article if there would otherwise be no such access.
Without prejudice to the generality of paragraph (1), the undertaker may temporarily alter, divert, prohibit the use of or restrict the use of the streets or public rights of way specified in columns (1) and (2) of Schedule 5 (temporary prohibition or restriction of the use of streets or public rights of way) to the extent specified in column (3) of that Schedule.
The undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of—
any street specified in paragraph (4) without first consulting the street authority; and
any other street without the consent of the street authority, which may attach reasonable conditions to any consent.
Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, stop up the street specified in columns (1) and (2) of Schedule 6 (permanent stopping up of streets) to the extent specified and as described in column (3) of that Schedule.
Where a street has been stopped up under this article—
all rights of way over or along the street so stopped up are extinguished; and
the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street as is bounded on both sides by land owned by the undertaker.
Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
This article is subject to article 34 (apparatus and rights of statutory undertakers in stopped up streets).
The undertaker may, for the purposes of the authorised development—
form and layout the permanent means of access, or improve existing means of access in the location specified in Part 1 of Schedule 4;
form and layout the temporary means of access in the locations specified in Part 2 of Schedule 4; and
with the approval of the relevant planning authorities after consultation with the highway authority, form and lay out such other means of access or improve the existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
A street authority and the undertaker may enter into agreements with respect to—
the construction of any new street including any structure carrying the street, whether or not over or under any part of the authorised development;
the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
the maintenance of any street or the structure of any bridge or tunnel carrying a street over or under the authorised development;
any alteration diversion, prohibition or restriction in the use of a street authorised by this Order;
the construction in the street of any of the authorised development; or
any such works as the parties may agree.
Such an agreement may, without prejudice to the generality of paragraph (1)—
make provision for the street authority to carry out any function under this Order which relates to the street in question;
include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and
contain such terms as to payment and otherwise as the parties consider appropriate.
Subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development—
permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road; and
make provision as to the direction or priority of vehicular traffic on any road,
either at all times or at times, on days or during such periods as may be specified by the undertaker.
The undertaker must not exercise the powers under paragraph (1) of this article unless it has—
given not less than 4 weeks' notice in writing of its intention so to do to the traffic authority in whose area the road is situated; and
advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker's intention in the case of sub-paragraph (a).
Any prohibition, restriction or other provision made by the undertaker under article 13 (temporary prohibition or restriction of use of streets and public rights of way) or paragraph (1) of this article has effect as if duly made by, as the case may be—
the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or
the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,
and the instrument by which it is effected is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act (road traffic contraventions subject to civil enforcement) 2004
In this article—
subject to sub-paragraph (b), expressions used in this article and in the 1984 Act have the same meaning; and
a “
Subject to sub–paragraphs (3) and (4), the undertaker may use any watercourse, public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991
The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs, whose consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld or delayed.
The undertaker must not make any opening into any public sewer or drain except—
in accordance with plans approved by the person to whom the sewer or drain belongs, but approval must not be unreasonably withheld or delayed; and
where that person has been given the opportunity to supervise the making of the opening.
The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016.
In this article—
“
other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991
The undertaker may for the purposes of this Order enter on any land shown within the Order limits or enter on any land which may be affected by the authorised development and—
survey or investigate the land;
without limitation to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
without limitation to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.
No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.
Any person entering land under this article on behalf of the undertaker—
must, if so required before entering the land, produce written evidence of their authority to do so; and
may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
No trial holes are to be made under this article—
in land located within the highway boundary without the consent of the highway authority; or
in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld.
The undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land once it has ceased to use the land for the purposes authorised by this article.
The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act
Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building or structure lying within the Order limits as the undertaker considers necessary or expedient.
Protective works may be carried out—
at any time before or during the construction of any part of the authorised development in the vicinity of the building or structure; or
after the completion of that part of the authorised development in the vicinity of the building or structure at any time up to the end of the period of 5 years beginning with the date of final commissioning.
For the purpose of determining how the powers under this article are to be exercised the undertaker may enter and survey any building or structure falling within paragraph (1) and any land within its curtilage.
For the purpose of carrying out protective works under this article to a building or structure the undertaker may (subject to paragraphs (5) and (6))—
enter the building or structure and any land within its curtilage; and
where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building or structure but outside its curtilage, enter the adjacent land (but not any building erected on it) within the Order limits.
Before exercising—
a power under paragraph (1) to carry out protective works under this article to a building or structure;
a power under paragraph (3) to enter a building or structure and land within its curtilage;
a power under paragraph (4)(a) to enter a building or structure and land within its curtilage; or
a power under paragraph (4)(b) to enter and take possession of land,
the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building, structure or land not less than 14 days' notice of its intention to exercise that power and, in a case falling within sub-paragraph (a), (c) or (d) specifying the protective works proposed to be carried out.
Where a notice is served under paragraph (5)(a),
The undertaker must compensate the owners and occupiers of any building, structure or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
Where—
protective works are carried out to a building or structure under this article; and
within 5 years beginning with the date of final commissioning for that part of the authorised development in the vicinity of the building or structure it appears that the protective works are inadequate to protect the building or structure against damage caused by the construction, on operation or maintenance of that part of the authorised development,
the undertaker must compensate the owners and occupiers of the building or structure for any loss or damage sustained by them.
Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act.
Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
In this article “
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building or structure by the construction, operation or maintenance of the authorised development; and
any works the purpose of which is to remedy any damage which has been caused to the building by the construction, operation or maintenance of the authorised development.
The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—
from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
from constituting a danger to persons using the authorised development; or
from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.
In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.
Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it.
This article is subject to article 24, article 25 (acquisition of subsoil only) and
After the end of the period of five years beginning on the day on which this Order comes into force—
no notice to treat may be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and
no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 28 (application of the 1981 Act).
The authority conferred by article 31
Subject to paragraph (2) the undertaker may acquire compulsorily such rights over the Order land or impose such restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.
In the case of the Order land specified in column (1) of the table in Schedule 7 (land in which only new rights etc. may be acquired) the undertaker's powers of compulsory acquisition are limited to the acquisition of existing rights and the benefit of restrictive covenants over land and the creation and acquisition of such new rights and the imposition of such new restrictive covenants as are specified in column (2) of the table in that Schedule.
Subject to section 8 (other provisions as to divided land) and schedule 2A (counter-notice requiring purchase of land not in notice to treat) of the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants)) and section 12 (divided land) of the 1981 Act, where the undertaker creates or acquires a right over land or the benefit of a restrictive covenant, under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.
Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph (1) or (2) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to create and acquire such rights or impose such restrictive covenants to the statutory undertaker in question.
The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
Subject to the modifications set out in Schedule 8 the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under this Order in respect of a right by the creation of a new right or imposition of a restrictive covenant as they apply to the compulsory purchase of land and interests in land.
The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 22 (compulsory acquisition of land) and paragraphs (1) and (2) of article 24 (compulsory acquisition of rights) as may be required for any purpose for which that land or rights over land may be created or acquired under that provision instead of acquiring the whole of the land.
Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—
Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;
Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.
Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch, or other construction forming part of a house, building or manufactory.
Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—
as from the date of acquisition of the land by the undertaker whether compulsorily or by agreement;
on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act; or
on commencement of any activity authorised by the Order which interferes with or breaches those rights,
whichever is the earliest.
Subject to the provisions of this article, all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are suspended and unenforceable or, where the owner of such rights or the person have the benefit of such restrictive covenants is notified by the undertaker, extinguished, in so far as the continuance of the right or the burden of the restrictive covenant would be inconsistent with the exercise of the right or burden of the restrictive covenant by the undertaker—
as from the date of acquisition of the right or imposition of the restriction by the undertaker, whether compulsorily or by agreement; or
on the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,
whichever is the earliest.
Subject to the provisions of this article and without limiting paragraph (1), all private rights and restrictive covenants over land owned by the undertaker within the Order land are extinguished on commencement of any activity authorised by this Order which interferes with or breaches such rights.
Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the exercise of the temporary possession of that land.
Any person who suffers loss by the extinguishment or suspension of any private right or the imposition of a restrictive covenant under this Order is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
This article does not apply in relation to any right or apparatus to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 33 (statutory undertakers) applies.
Paragraphs (1) to (4) have effect subject to—
any notice given by the undertaker before—
the completion of the acquisition of the land or the acquisition or creation of rights over land or the imposition of restrictive covenants over or affecting the land;
the undertaker's appropriation of it;
the undertaker's entry onto it; or
the undertaker's taking temporary possession of it,
stating that any or all of those paragraphs do not apply to any right specified in the notice; and
any agreement made at any time between the undertaker and the person in or to whom the right or restriction in question is vested or belongs.
If any such agreement as is referred to in paragraph (7)(b)—
is made with a person in or to whom the right is vested or belongs; and
is expressed to have effect also for the benefit of those deriving title from or under that person,
it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the use of land arising by virtue of a contract, agreement or undertaking having that effect.
Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—
an interference with an interest or right to which this article applies; or
a breach of a restriction as to the user of land arising by virtue of a contract.
In this article “
the erection, construction or maintenance of any part of the authorised development;
the exercise of any power authorised by this Order; or
the use of any land within the Order limits (including the temporary use of land).
The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.
Where an interest, right or restriction is overridden by paragraph (1), compensation—
is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and
is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—
the compensation is to be estimated in connection with a purchase under that Act; or
the injury arises from the execution of works on or use of land acquired under that Act.
Where a person deriving title under the undertaker by whom the land in question was acquired—
is liable to pay compensation by virtue of paragraph (4); and
fails to discharge that liability,
the liability is enforceable against the undertaker.
Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.
The 1981 Act applies as if this Order were a compulsory purchase order.
The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
In section 1 (application of Act) for subsection (2) substitute–
This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.
In section 5(2) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.
Omit section 5A
In section 5B
In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute
In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.
In Schedule A1
But see article 25 (acquisition of subsoil only) of the Riverside Energy Park Order 2020, which excludes the acquisition of subsoil only from this Schedule.
References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 29 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.
Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
In section 4A(1)
In section 11A
in subsection (1)(a) after “land” insert
in subsection (2) after “land” insert
In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute
In Schedule 2A
for paragraphs 1(2) and 14(2) substitute—
But see article 25(3) (acquisition of subsoil only) of the Riverside Energy Park Order 2020, which excludes the acquisition of subsoil only from this Schedule.
after paragraph 29 insert—
In this Schedule, references to entering on and taking possession of land do not include doing so under article 20 (protective work to buildings) or article 31 (temporary use of land for carrying out the authorised development) or article 32 (temporary use of land for maintaining the authorised development) of the Riverside Energy Park Order 2020.
The undertaker may enter upon, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or for any other purpose ancillary to the authorised development.
Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.
Paragraph (2) is not to apply in relation to—
any subway or underground building; or
any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land, and who suffers loss as a result, is to be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
The undertaker may, in connection with the construction of the authorised development—
enter on and take temporary possession of—
so much of the land specified in columns (1) and (2) of the table in Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of the table in that Schedule;
any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;
remove any buildings, fences, debris and vegetation from that land;
construct temporary works (including the provision of means of access) and buildings on that land; and
construct any works (including mitigation works) specified in Schedule 9 in relation to that land.
Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—
in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of final commissioning of the authorised development; or
in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of final commissioning of the authorised development unless the undertaker has, before the end of that period, served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or has otherwise acquired the land subject to temporary possession.
Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or has otherwise acquired the land subject to temporary possession, the undertaker must, before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not to be required to replace a building or any debris removed under this article.
The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
Any dispute as to a person's entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).
The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i).
Nothing in this article precludes the undertaker from—
creating and acquiring new rights over any part of the Order land identified in Schedule 7 under article 24 (compulsory acquisition of rights); or
acquiring any right in the subsoil of any part of the Order land under article 25 (acquisition of subsoil only) or article 30 (rights under or over streets).
Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it.
Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in Schedule 9.
Subject to paragraph (2), at any time during the maintenance period (as defined in paragraph (11)) relating to any part of the authorised development, the undertaker may—
enter on and take temporary possession of any land within the Order limits if possession is reasonably required for the purpose of maintaining the authorised development;
enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
Paragraph (1) does not authorise the undertaker to take temporary possession of—
any house or garden belonging to a house; or
any building (other than a house) if it is for the time being occupied.
Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
Any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it.
Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
In this article “
Subject to the provisions of article 24(2) (compulsory acquisition of rights) and Schedule 10 (protective provisions), the undertaker may—
exercise the powers conferred by article 22 (compulsory acquisition of land) and article 25 (acquisition of subsoil only) in relation to so much of the Order land as belongs to statutory undertakers;
extinguish or suspend the rights of or restrictive covenants for the benefit of, and remove or reposition the apparatus belonging to, statutory undertakers on, under, over or within the Order land.
Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 11 (street works), article 12 (power to alter layout, etc., of streets), or article 13 (temporary prohibition or restriction of use of streets and public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 10 (protective provisions), as if this Order had not been made.
Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 33 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 33 (statutory undertakers) any person who is—
the owner or occupier of premises the drains of which communicated with the sewer; or
the owner of a private sewer which communicated with that sewer,
is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.
This article does not have effect in relation to apparatus to which article 34 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.
In this article—
“
“
This article applies to any agreement entered into by the undertaker under article 9 so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.
No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.
No enactment or rule of law to which sub–paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—
exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.
Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.
Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990
the defendant shows that the nuisance—
relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974
is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or
the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.
Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.
Schedule 10 (protective provisions) has effect.
The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans referred to in Schedule 11 (documents and plans to be certified) to this Order for certification that they are true copies of those documents.
A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
A notice or other document required or authorised to be served for the purposes of this Order may be served—
by post;
by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or
with the consent of the recipient and subject to paragraphs (7) to (9), by electronic transmission.
Paragraph (1)(a) (service by post) does not apply in relation to the requirement to serve notice of the undertaker's intention to exercise the power under paragraph (5) of Article 20.
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
For the purposes of section 7 (references to service by post) of the Interpretation Act 1978
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and,
in any other case, the last known address of that person at that time of service.
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—
addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and
either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—
the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;
the notice or document is capable of being accessed by the recipient;
the notice or document is legible in all material respects; and
in a form sufficiently permanent to be used for subsequent reference.
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.
Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (9).
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—
that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.
This article does not exclude the employment of any method of service not expressly provided for by it.
Subject to paragraph (2), Schedule 12 (procedure in relation to certain approvals etc.) is to have effect in relation to all consents, agreements or approvals contemplated by any provisions of this Order.
Schedule 12 does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 10 (protective provisions) or any dispute under article 20(6) (protective work to buildings) to which the following paragraph applies.
Subject to any other provision in this Order, any difference or dispute arising under any provision of Schedule 10 or article 20(6) must, unless otherwise agreed in writing between the undertaker and the party in question, be referred to and settled in arbitration, by a single arbitrator to be agreed upon by the parties within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.
Compensation is not payable in respect of the same matter both under this Order and under any enactment, any contract or any rule of law.
Signed by the authority of the Secretary of State for Business, Energy and Industrial Strategy