The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

Statutory Instruments

2024 No. 230

Infrastructure Planning

The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

Made

20th February 2024

Coming into force

13th March 2024

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

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 2 of Part 6 of the 2008 Act and in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(3). The Examining Authority has submitted a report and recommendation to the Secretary of State under section 74(4) 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(5) and has had regard to the documents and matters referred to in section 104(2)(6) 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.

In accordance with section 127 of the 2008 Act(7), the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115, 120, 122, 123 and 140 of the 2008 Act, makes the following Order—

(1)

2008 c. 29. The relevant provisions of the 2008 Act are amended by section 137(5) of, and Schedule 13 to, the Localism Act 2011 (c. 20).

(2)

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734

(3)

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

(4)

2008 c. 29. Section 74 was amended by the Localism Act 2011 (c. 20) section 240(2), Schedule 13 paragraph 29() and Schedule 25 Part 20.

(5)

S.I. 2017/572.

(6)

Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 240(2) and Schedule 13, paragraph 49(1) to (6) of the Localism Act 2011 (c. 20).

(7)

2008 c. 29. Section 127 was amended by sections 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c. 27) and by paragraph 64(2) of Schedule 13 paragraph 64(2) of the Localism Act 2011 (c. 20).