The Immingham Open Cycle Gas Turbine Order 2020

Schedule 9 to the Able Marine Energy Park Development Consent Order 2014 E+W

1.  After paragraph 120 of Schedule 9 insert new Part 16—

“PART 16 E+W FOR THE PROTECTION OF VPI IMMINGHAM B LIMITED

Application

121.   For the protection of VPI Immingham B Limited (Company No. 10630563) as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and VPI.

Interpretation

122.   In this Part of this Schedule—

“the OCGT authorised development” means the development authorised by the OCGT Order;

“the OCGT Order” means the Immingham Open Cycle Gas Turbine Order 2020;

“the OCGT Order land” has the same meaning as the term “Order land” in article 2(1) of the OCGT Order;

“the OCGT water connection” means that part of work number 2 of the OCGT authorised development which is to be carried out within plots 6 and 7 of the OCGT Order land;

“VPI” means VPI Immingham B Limited (Company No. 10630563) whose registered office is at 4th Floor, Nova South, 160 Victoria Street, London SW1E 5LB, or any person having the benefit of the OCGT Order pursuant to article 6 and/or 7 of it;

“the Order” means this Order; and

“the respective authorised developments” means the developments authorised by the Order and the OCGT Order respectively.

Regulation of powers over Rosper Road

123.— (1) Subject to VPI complying with [F1 paragraphs 128, 129, 130, 131 and 133] of Part 8 of Schedule 9 to the OCGT Order the undertaker must not exercise the powers granted under this Order so as to hinder or prevent—

(a) the construction, operation, use or maintenance of the OCGT water connection; or

(b) access between all parts of the OCGT authorised development and Rosper Road,

otherwise than with the prior written consent of VPI.

(2) Wherever in this Schedule provision is made with respect to the approval or consent of VPI, that approval or consent must be in writing (and subject to such reasonable terms and conditions as VPI may require), but must not be unreasonably withheld or delayed.

(3) In the event that VPI does not respond in writing to a request for approval or consent within 28 days of receipt of such a request, VPI is deemed to have given its consent, without any terms or conditions.

124.— (1) The undertaker must not exercise the powers under any of the articles of the Order specified in sub-paragraph (2) over or in respect of the OCGT Order land otherwise than with the prior written consent of VPI.

(2) The articles referred to in sub-paragraph (1) are—

(a) article 15 (street works);

(b) article 16 (temporary stopping up of streets);

(c) article 17 (access to works);

(d) article 22 (authority to survey and investigate land);

(e) article 30 (compulsory acquisition of land);

(f) article 31 (power to override easements and other rights);

(g) article 34 (compulsory acquisition of rights etc.);

(h) article 35 (private rights of way);

(i) article 39 (rights under or over streets);

(j) article 40 (temporary use of land for carrying out the authorised development);

(k) article 41 (temporary use of land for maintaining authorised development); and

(l) article 42 (statutory undertakers).

(3) In the event that VPI withholds its consent pursuant to sub-paragraph (1) it must notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld.

125.   Insofar as the construction of the OCGT authorised development is or may be undertaken concurrently with the Able authorised development, the undertaker must—

(a) co-operate with VPI with a view to ensuring—

(i) the co-ordination of construction programming and the carrying out of works; and

(ii) that access for the purposes of constructing the respective authorised developments is maintained for the undertaker and VPI and their respective contractors; and

(b) use reasonable endeavours to avoid any conflict arising from the carrying out of the respective authorised developments.

Arbitration

126.   Any difference or dispute arising between the undertaker and VPI under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and VPI, be referred to and settled by arbitration in accordance with Article 57 (arbitration).”.

Textual Amendments

F1 Words in Sch. 13 para. 123(1) substituted (17.5.2021) by The Immingham Open Cycle Gas Turbine (Correction) Order 2021 (S.I. 2021/581), art. 1, Sch.

Commencement Information

I1 Sch. 13 para. 1 in force at 1.9.2020, see art. 1