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The Riverside Energy Park Order 2020

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 WORK PROVISIONS

    1. Principal powers

      1. 3.Development consent granted by the Order

      2. 4.Maintenance of authorised development

      3. 5.Operation of the authorised development

      4. 6.Disapplication of legislative provisions and modifications to section 36 consent and RRRF planning permission

      5. 7.Port of London Act 1968

      6. 8.Benefit of this Order

      7. 9.Consent to transfer benefit of the Order

      8. 10.Guarantees in respect of payment of compensation

    2. Streets

      1. 11.Street works

      2. 12.Power to alter layout, etc., of streets

      3. 13.Temporary prohibition or restriction of use of streets and public rights of way

      4. 14.Permanent stopping up of streets

      5. 15.Access to works

      6. 16.Agreements with street authorities

      7. 17.Traffic regulation measures

    3. Supplementary powers

      1. 18.Discharge of water

      2. 19.Authority to survey and investigate the land

      3. 20.Protective work to buildings

      4. 21.Felling or lopping of trees

  4. PART 3 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 22.Compulsory acquisition of land

      2. 23.Time limit for exercise of authority to acquire land compulsorily

      3. 24.Compulsory acquisition of rights

      4. 25.Acquisition of subsoil only

      5. 26.Private rights

      6. 27.Power to override easements and other rights

      7. 28.Application of the 1981 Act

      8. 29.Modification of Part 1 of the 1965 Act

      9. 30.Rights under or over streets

    2. Temporary possession of land

      1. 31.Temporary use of land for carrying out the authorised development

      2. 32.Temporary use of land for maintaining the authorised development

    3. Supplementary

      1. 33.Statutory undertakers

      2. 34.Apparatus and rights of statutory undertakers in stopped up streets

      3. 35.Recovery of costs of new connections

  5. PART 4 MISCELLANEOUS AND GENERAL

    1. 36.Application of landlord and tenant law

    2. 37.Operational land for the purposes of the 1990 Act

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

    4. 39.Protective provisions

    5. 40.Certification of plans etc.

    6. 41.Service of notices

    7. 42.Procedures in relation to certain approvals etc.

    8. 43.No double recovery

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

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

      2. In the London Borough of Bexley

      3. Work No. 1 — Works to construct an integrated energy...

      4. Work No. 2 — Works to construct—

      5. Work No. 3 — Works to construct and install combined...

      6. Work No.4 — Works to construct an electrical substation including...

      7. Work No. 5 — Works to construct or install supporting...

      8. Work No. 6 — Works to construct and install supporting...

      9. Work No. 7 — Works to construct and install from...

      10. Work No. 8 — Works to construct temporary construction compounds...

      11. In the London Borough of Bexley and the Borough of...

      12. Work No. 9 — Works to construct and install an...

      13. In the Borough of Dartford

      14. Work No. 10 — Works to connect the electrical connection...

      15. In connection with and in addition to Work Nos. 1,...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limits

      2. 2.Detailed design approval

      3. 3.Parameters of authorised development

      4. 4.Pre–commencement biodiversity mitigation strategy

      5. 5.Biodiversity and landscape mitigation strategy

      6. 6.Replacement planting for Work No. 9

      7. 7.Archaeology

      8. 8.Highway access

      9. 9.Surface and foul water drainage

      10. 10.Ground conditions and ground stability

      11. 11.Code of construction practice

      12. 12.Construction Hours

      13. 13.Construction traffic management plan(s)

      14. 14.Heavy commercial vehicle movements delivering waste

      15. 15.Emission limits – Work No. 1B

      16. 16.Waste hierarchy scheme

      17. 17.Operational worker travel plan

      18. 18.Operational lighting strategy

      19. 19.Control of operational noise

      20. 20.River wall

      21. 21.Community benefits

      22. 22.Notice of start of commissioning and notice of date of final commissioning

      23. 23.Phasing of construction and commissioning of Work No. 1

      24. 24.Combined heat and power

      25. 25.Use of compost material and gas from Work No. 1B

      26. 26.Decommissioning

      27. 27.Amendments to approved details

      28. 28.Flood Risk Activity Permit Area

      29. 29.Finished Floor Levels

      30. 30.Metropolitan Open Land

      31. 31.Delivery and Servicing Plan

      32. 32.Tonnage cap

      33. 33.Notification from the undertaker

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    5. SCHEDULE 5

      TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY

    6. SCHEDULE 6

      PERMANENT STOPPING UP OF STREETS

    7. SCHEDULE 7

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1.Interpretation

    8. SCHEDULE 8

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

      1. 1.Compensation enactments

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

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

      4. 4.Application of Part 1 of the 1965 Act

      5. 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 RRRL

        1. 1.For the protection of RRRL as referred to in this...

        2. 2.In this part of this Schedule “access road” means that...

        3. 3.Upon the permanent stopping up of the access road pursuant...

        4. 4.The undertaker must not install pipes for the offtake of...

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

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

        7. 7.(1) If, in the exercise of the powers conferred by...

        8. 8.(1) Where, in accordance with the provisions of this part...

        9. 9.(1) Not less than 28 days before starting the execution...

        10. 10.(1) Subject to the following provisions of this paragraph, the...

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

        12. 12.Where in consequence of the proposed construction or maintenance of...

        13. 13.If in consequence of any agreement reached or the powers...

        14. 14.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        15. 15.(1) Subject to sub-paragraphs (2) and (3), if by reason...

      2. PART 2 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 16.The provisions of this Part have effect for the protection...

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

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

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

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

        6. 21.(1) If, in the exercise of the powers conferred by...

        7. 22.(1) Where, in accordance with the provisions of this Part...

        8. 23.(1) Not less than 28 days before starting the execution...

        9. 24.(1) Subject to the following provisions of this paragraph, the...

        10. 25.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 26.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 27.(1) For the protection of any operator, the following provisions...

        2. 28.The exercise of the powers of article 33 (statutory undertakers)...

        3. 29.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 30.This Part of this Schedule does not apply to—

        5. 31.Nothing in this Part of this Schedule affects the provisions...

      4. PART 4 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 32.(1) The following provisions shall apply for the protection of...

        2. 33.The provisions within this Part shall not apply where a...

        3. 34.(1) Before beginning to construct any specified work, the undertaker...

        4. 35.Without limiting paragraph 34, the requirements which the Agency may...

        5. 36.No buildings will be erected within the area defined by...

        6. 37.(1) Subject to sub-paragraph (2), any specified work, and all...

        7. 38.(1) Subject to sub–paragraph (6), the undertaker must from the...

        8. 39.Subject to paragraph 41, if by reason of the construction...

        9. 40.If by reason of construction of the specified work the...

        10. 41.The undertaker must indemnify the Agency in respect of all...

        11. 42.(1) The undertaker is responsible for and must indemnify the...

        12. 43.Any dispute arising between the undertaker and the Agency under...

      5. PART 5 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 44.The following provisions of this Part of this Schedule have...

        2. 45.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 46.(1) Where under this Part of this Schedule Network Rail...

        4. 47.(1) The undertaker must not exercise the powers conferred by—...

        5. 48.(1) The undertaker must before commencing construction of any specified...

        6. 49.(1) Any specified work and any protective works to be...

        7. 50.The undertaker must— (a) at all times afford reasonable facilities...

        8. 51.Network Rail must at all times afford reasonable facilities to...

        9. 52.(1) If any permanent or temporary alterations or additions to...

        10. 53.The undertaker must repay to Network Rail all reasonable fees,...

        11. 54.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 55.If at any time after the completion of a specified...

        13. 56.The undertaker must not provide any illumination or illuminated sign...

        14. 57.Any additional expenses which Network Rail may reasonably incur in...

        15. 58.(1) The undertaker must pay to Network Rail all reasonable...

        16. 59.Network Rail must, on receipt of a request from the...

        17. 60.In the assessment of any sums payable to Network Rail...

        18. 61.The undertaker and Network Rail may, subject in the case...

        19. 62.Nothing in this Order, or in any enactment incorporated with...

        20. 63.The undertaker must give written notice to Network Rail if...

        21. 64.The undertaker must no later than 28 days from the...

        22. 65.In relation to any dispute arising under this Part of...

      6. PART 6 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. 66.For the protection of National Grid referred to in this...

        2. 67.Interpretation

        3. 68.On Street Apparatus

        4. 69.Apparatus of National Grid in stopped up streets

        5. 70.Protective works to buildings

        6. 71.Acquisition of land

        7. 72.Removal of apparatus

        8. 73.Facilities and rights for alternative apparatus

        9. 74.Retained apparatus

        10. 75.Expenses

        11. 76.Indemnity

        12. 77.Enactments and agreements

        13. 78.Co–operation

        14. 79.Access

        15. 80.Arbitration

        16. 81.Notices

      7. PART 7 FOR THE PROTECTION OF UK POWER NETWORKS LIMITED, LONDON POWER NETWORKS PLC AND SOUTH EAST POWER NETWORKS PLC

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

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

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

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

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

        6. 87.(1) If, in the exercise of the powers conferred by...

        7. 88.(1) Where, in accordance with the provisions of this Part...

        8. 89.(1) Not less than 28 days before starting the execution...

        9. 90.(1) Subject to the following provisions of this paragraph, the...

        10. 91.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 92.Where in consequence of the proposed construction of any of...

        12. 93.Nothing in this Part of this Schedule affects the provisions...

      8. PART 8 FOR THE PROTECTION OF THAMES WATER UTILITIES LIMITED

        1. 94.Application

        2. 95.Interpretation

        3. 96.Apparatus

        4. 97.The alteration, extension, removal or relocation of any apparatus must...

        5. 98.In the situation where in exercise of the powers under...

        6. 99.Regardless of any provision in this Order or anything shown...

        7. 100.If in consequence of the exercise of the powers under...

        8. 101.If in consequence of the exercise of the powers under...

        9. 102.If for any reason or in consequence of the construction...

        10. 103.Consultation

      9. PART 9 FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER

        1. 104.Application

        2. 105.Interpretation

        3. 106.On Street Apparatus

        4. 107.Apparatus of SGN in stopped up streets

        5. 108.Protective works to buildings

        6. 109.Acquisition of land

        7. 110.Removal of apparatus

        8. 111.Facilities and rights for alternative apparatus

        9. 112.Retained apparatus: protection of SGN

        10. 113.Expenses

        11. 114.Indemnity

        12. 115.Enactments and agreements

        13. 116.Co-operation

        14. 117.Access

        15. 118.Arbitration

        16. 119.Notices

    11. SCHEDULE 11

      DOCUMENTS AND PLANS TO BE CERTIFIED

    12. SCHEDULE 12

      PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.

      1. 1.Interpretation

      2. 2.Applications made under requirements

      3. 3.Further information and consultation

      4. 4.Appeals

      5. 5.Application to protective provisions

    13. SCHEDULE 13

      MODIFICATIONS TO THE SECTION 36 CONSENT AND RRRF PLANNING PERMISSION

      1. PART 1 SECTION 36 CONSENT

        1. 1.Delete the words “associated open storage areas for ash container...

        2. 2.Delete “and” at the end of paragraph 3(1)(i).

        3. 3.For the words “25 September 2014.” at the end of...

        4. 4.After paragraph 3(1)(ii) insert new paragraph 3(1)(iii) as follows, “...

      2. PART 2 RRRF PLANNING PERMISSION

        1. 5.After RRRF condition 1(iii), insert new condition 1(iv) as follows,...

        2. 6.In RRRF condition 7, insert the words “ (except for...

        3. 7.For RRRF condition 23, substitute new condition 23 as follows...

  8. Explanatory Note

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