The Slough Multifuel Extension Order 2023

Statutory Instruments

2023 No. 1278

Infrastructure Planning

The Slough Multifuel Extension Order 2023

Made

28th November 2023

Coming into force

20th December 2023

An application has been made to the Secretary of State under section 37 of the Planning Act 2008(1) (“the 2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009(2) for an Order granting development consent.

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and with the Infrastructure Planning (Examination) Procedure Rules 2010(3). The Examining Authority has submitted a report to the Secretary of State under section 83(1) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(4) and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2)(5) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120(6) and 140 of the 2008 Act, makes the following Order—

PART 1 Preliminary

Citation and commencement

1.  This Order may be cited as the Slough Multifuel Extension Order 2023 and comes into force on 20th December 2023.

Interpretation

2.—(1) In this Order—

“the 1990 Act” means the Town and Country Planning Act 1990(7);

“the 2008 Act” means the Planning Act 2008(8);

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

“application” means the application made under section 37 of the 2008 Act for an order granting development consent for the authorised development;

“approved generating station plans” means the plans named as the (i) East Elevation of Consented Development and Proposed Project and (ii) Plan and East Elevation of Consented Development and Project certified as the approved generating station plans by the Secretary of State for purposes of this Order and submitted with the application;

“approved variation” means any variations to the TCPA permission conditions or further TCPA permission conditions referred to in requirements 3, 4, 5, 6 and 7 granted by the relevant planning authority pursuant to section 73 or section 96A of the 1990 Act and in accordance with requirements 8 and 9;

“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

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

“commence” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (when development begins), forming part, or carried out for the purposes, of the authorised development;

“construction environmental management plan” means the document certified as the construction environmental management plan by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

“existing generating station” means the generating station within the Order limits comprised of development authorised by planning permission issued pursuant to the 1990 Act including the TCPA permission and further TCPA permission;

“extended generating station” means a generating station within the Order limits which includes—

(a)

the extension of a generating station comprised of the authorised development; and

(b)

the existing generating station;

“further TCPA permission” means planning permission granted by Slough Borough Council with reference P/00987/025 dated 2 June 2017, and any approved variations thereto;

“land ownership and interests schedule” means the document certified as the land ownership and interests schedule by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto;

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

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

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

“relevant planning authority” means Slough Borough Council;

“requirement consultee” means any body or authority named in a TCPA permission condition referred to in the requirements in Schedule 2 as a body to be consulted by the relevant planning authority in discharging the TCPA permission condition;

“requirements” means, or a reference to a numbered requirement is to, those matters set out in Schedule 2 (requirements) to this Order;

“TCPA permission” means planning permission granted by Slough Borough Council with reference P/00987/051 dated 1 February 2022, and any approved variations thereto;

“undertaker” means SSE Slough Multifuel Limited (company number 11271136) or any person who has the benefit of this Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order);

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

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

(3) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order and shown on the works plan.

(4) The expression “includes” is to be construed without limitation unless the contrary intention appears.

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

PART 2 Principal powers

Development consent etc. granted by the Order

3.  Subject to the provisions for this Order and to the requirements in Schedule 2 the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Authorisation of the operation of the extended generating station

4.—(1) Subject to the provisions of this Order and the requirements in Schedule 2 the undertaker is authorised to operate the extended generating station.

(2) Paragraph (1) does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of the extended generating station.

Power to maintain the authorised development

5.  The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.

Benefit of the Order

6.  Subject to article 7 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.

Consent to transfer benefit of the Order

7.—(1) Except where paragraph (4) applies, the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed between the undertaker and the lessee.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or lessee.

(3) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (1)—

(a) the benefit transferred or granted (“the transferred benefit”) includes any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker; and

(c) 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.

(4) The consent of the Secretary of State is not required where the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989(9).

(5) Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must provide written notification to the Secretary of State and the relevant planning authority at least 14 days prior to transferring or granting any benefit pursuant to this article.

(6) A notice required under paragraph (5) must—

(a) state—

(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii) the date on which the transfer will take effect;

(iii) the provisions to be transferred or granted; and

(iv) the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

(b) be accompanied by a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

Planning permission

8.—(1) If planning permission is issued pursuant to the 1990 Act for development any part of which is within the Order limits following the publication of this Order that is—

(a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; and

(b) required to complete or enable the construction, use or operation of any part of the development authorised by this Order or of the extended generating station,

then the carrying out, use, operation or decommissioning of such development pursuant to the terms of the planning permission is not to constitute a breach of the terms of this Order.

(2) Anything done by the undertaker in accordance with this Order does not constitute a breach of any planning permission issued pursuant to the 1990 Act.

PART 3 Miscellaneous and general

Certification of plans and documents, etc.

9.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the land ownership and interests schedule;

(b) the land plan;

(c) the works plan;

(d) the environmental statement;

(e) the approved generating station plans named as follows—

(i) East Elevation of Consented Development and Proposed Project; and

(ii) Plan and East Elevation of Consented Development and Project;

(f) the TCPA permission granted by Slough Borough Council with reference P/00987/051 dated 1 February 2022;

(g) the further TCPA permission granted by Slough Borough Council with reference P/00987/025 dated 2 June 2017; and

(h) the construction environmental management plan,

for certification that they are true copies of the documents referred to in this Order.

(2) Where the construction environmental management plan, TCPA permission or the further TCPA permission are amended, the undertaker must submit a copy of that amended plan or document, as soon as practicable after the approval of the amendment, to the Secretary of State to be certified under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(4) Where a plan or document certified under paragraph (1)—

(a) refers to a provision of this Order (including any specified requirement) when it was in draft form; and

(b) identifies that provision by number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order as made,

the reference in the plan or document concerned must be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made.

Arbitration

10.—(1) Any difference under any provision of this Order, unless otherwise provided for in this Order or unless otherwise agreed in writing between the parties, shall 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.

(2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration.

Service of notices

11.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

(2) 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.

(3) For the purposes of section 7 of the Interpretation Act 1978(10) (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

(a) in the case of the secretary of clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at that time of service.

(4) 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—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) 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.

(5) 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—

(a) 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;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 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.

(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) 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 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

Procedure in relation to discharge of requirements

12.  Schedule 3 (discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements.

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff

Deputy Director Energy Infrastructure Planning

Department for Energy Security and Net Zero

28th November 2023

SCHEDULES

Article 2

SCHEDULE 1 AUTHORISED DEVELOPMENT

In the County of Berkshire

A nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act—

Work No. 1

An extension to the Slough Multifuel combined heat and power generating station with the effect that, once extended, the extended generating station will have a gross installed generating capacity of up to 60MW, comprising the following works—

(a) a boiler primary air preheating system comprising heat exchanger bundles, pipework, valves, pipe supports, thermal insulation, instrumentation, cabling and containment;

(b) a boiler secondary air preheating system comprising heat exchanger bundles, pipework, valves, pipe supports, thermal insulation, instrumentation, cabling and containment; and

(c) mechanical modifications to the actuated stream turbine inlet control valve to allow steam capacity to be increased.

Associated development

Associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act in connection with and in addition to Work No. 1 including temporary construction laydown areas, contractor facilities, vehicle parking and cycle storage facilities, to the extent that it does not otherwise form part of that work, as (i) may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and (ii) falls within the scope of the works assessed in the environmental statement.

Article 2

SCHEDULE 2 REQUIREMENTS

PART 1 REQUIREMENTS

Interpretation

1.—(1) In this Schedule, “ details approved” means details approved pursuant to conditions of the TCPA permission and further TCPA permission as at 26 May 2023, or subsequently in accordance with requirement 9.

(2) References to “development”, “authorised development” and “plant” in the conditions attached to the TCPA permission or further TCPA permission identified in this Schedule shall as the context requires be interpreted as including the authorised development and references to “construction”, “commissioning”, “use”, “operation” and “decommissioning” shall as the context requires be interpreted as including the construction, commissioning, use, operation and decommissioning of the authorised development.

Commencement of the authorised development

2.  The authorised development may not be commenced after the expiration of 5 years from the date this Order comes into force.

Construction

3.—(1) The authorised development shall be constructed in accordance with—

(a) conditions 11 (prevention of pollution), 20 (noise levels), 24 (access) and 26 (drainage) of the TCPA permission; and

(b) the details approved, including any revisions approved, pursuant to conditions 17 (construction environmental management plan), 18 (fauna management plan) and 21 (construction compound details) of the TCPA permission.

(2) In the event that works involving the removal or anticipated disturbance of any wall cotoneaster vegetation are required in connection with the construction of any part of the authorised development, works may not commence in respect of the construction of that part until a biosecurity strategy detailing measures to prevent the spread of wall cotoneaster during the construction of that part has been submitted to and approved by the relevant planning authority.

(3) Where a biosecurity strategy is approved pursuant to paragraph (2) above, that biosecurity strategy must be implemented as approved.

Local liaison group

4.  The local liaison group which was established and operates in accordance with condition 16 of the TCPA permission shall incorporate the authorised development within its remit.

Commissioning

5.  The authorised development shall not be commissioned unless—

(a) conditions 9 (contaminated land mitigation and remediation strategy verification report), 29 (noise monitoring programme), 36 (highways scheme) and 37 (pest scheme) of the TCPA permission; and

(b) condition 6 (parking spaces) of the further TCPA permission,

have been satisfied.

Operating

6.  The authorised development shall be operated in accordance with—

(a) conditions 20 (noise levels), 23 (acceptable fuel type), 28 (dust), 30 (fuel deliveries), 31 (fuel deliveries), 33 (sound systems), 34 (waste hierarchy) and 35 (waste transfer operations) of the TCPA permission;

(b) the details approved, including any revisions approved, pursuant to conditions 4 (landscaping and tree planting scheme), 9 (contaminated land mitigation and remediation strategy verification report), 10 (surface water drainage), 13 (odour management plan), 18 (fauna management plan), 29 (noise monitoring programme), 36 (highways scheme) and 37 (pest scheme) of the TCPA permission; and

(c) the details approved, including any revisions approved, pursuant to conditions 3 (cycle parking) and 4 (living wall) of the further TCPA permission.

Decommissioning

7.  The authorised development shall be decommissioned in accordance with condition 22 (decommissioning) of the TCPA permission.

PART 2 PROCEDURE FOR APPROVAL OF VARIATIONS AND DETAILS AND REVISIONS TO DETAILS APPROVED

Approved variation

8.—(1) The undertaker must submit to the relevant planning authority any application for an approved variation in accordance with this requirement.

(2) When submitting an application to the relevant planning authority for an approved variation, the undertaker must provide written confirmation to the relevant planning authority that the application does not give rise to any materially new or materially different environmental effects to those identified in the environmental statement in respect of the authorised development.

(3) The relevant planning authority may only positively determine an application for an approved variation if it is satisfied with the undertaker’s confirmation under sub-paragraph (2).

Approved details and revisions to details approved

9.—(1) With regard to any details requiring approval pursuant to the TCPA permission or further TCPA permission, the undertaker must not submit to the relevant planning authority for approval any details or revisions to details approved otherwise than in accordance with this requirement.

(2) When submitting an application to the relevant planning authority in accordance with sub-paragraph (1), the undertaker must provide written confirmation to the relevant planning authority that the application does not give rise to any materially new or materially different environmental effects to those identified in the environmental statement in respect of the authorised development.

(3) The relevant planning authority may only positively determine an application for approval pursuant to this requirement if it is satisfied with the undertaker’s confirmation under sub-paragraph (2).

(4) Following any approval by the relevant planning authority of any revisions to any details approved pursuant to the TCPA permission or the further TCPA permission, the details approved are taken to include the revisions approved pursuant to this requirement.

Article 12

SCHEDULE 3 DISCHARGE OF REQUIREMENTS

Applications made under requirements

1.  Where an application has been made to the relevant planning authority for any consent, agreement or approval required pursuant to a requirement included in this Order, the relevant planning authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period—

(a) of 8 weeks beginning with the day immediately following that on which the application is received by the relevant planning authority; or

(b) such longer period as may be agreed by the undertaker and the relevant planning authority.

Further information

2.—(1) Where an application has been made under paragraph 1 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the relevant planning authority considers further information is needed, and consultation with a requirement consultee is not required, it must, within 14 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 5 working days of receipt of the application. Where the consultee requires further information they must notify the relevant planning authority in writing specifying the further information required within 14 days of receipt of the consultation. The relevant planning authority must notify the undertaker in writing specifying any further information requested by the consultee within 5 working days of receipt of such a request.

(4) In the event that the relevant planning authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Provision of information by requirement consultees

3.—(1) Any requirement consultee who receives a consultation under paragraph 2(3) must respond to that request within 21 days from receipt unless sub-paragraph (2) of this paragraph applies.

(2) Where any requirement consultee requests further information in accordance with the timescales set out in paragraph 2(3) then they must respond to the consultation within 10 working days from the receipt of the further information requested.

Fees

4.—(1) Where an application is made to the relevant planning authority for consent, agreement or approval in respect of a requirement, the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(11) (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of the application being rejected as invalidly made.

Appeal

5.—(1) The undertaker may appeal in the event that—

(a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions; or

(b) the relevant planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1.

(2) The appeal process is to be as follows—

(a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

(c) the relevant planning authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties must make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (2)(c); and

(e) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(d).

(3) The appointment of the person pursuant to sub-paragraph (2)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).

(5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties on or before the date specified by the appointed person (the “specified date”). Any written representations concerning matters contained in the further information must be submitted to the appointed person within 10 working days of the specified date.

(6) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it has been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this article, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises SSE Slough Multifuel Limited (referred to in this Order as the undertaker) to construct and maintain an extension to the existing Slough Multifuel combined heat and power generating station and to operate a generating station within the Order limits at a capacity of over 50MW (up to 60MW). This Order imposes requirements in connection with the authorised development.

(1)

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).

(2)

S.I. 2009/2264.

(3)

S.I. 2010/103, amended by S.I. 2012/635.

(4)

S.I. 2017/572.

(5)

Section 104(2) was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by Schedule 13, paragraph 49 to the Localism Act 2011 (c. 20).

(6)

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20). Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20), section 160(2) to (6) of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4). Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

(7)

1990 c. 8.

(8)

2008 c. 29.

(9)

1989 c. 29.

(10)

1978 c. 30.

(11)

S.I. 2012/2920.