Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961();
“the 1965 Act” means the Compulsory Purchase Act 1965();
“the 1980 Act” means the Highways Act 1980();
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981();
“the 1984 Act” means the Road Traffic Regulation Act 1984();
“the 1989 Act” means the Electricity Act 1989();
“the 1990 Act” means the Town and Country Planning Act 1990();
“the 1991 Act” means the New Roads and Street Works Act 1991();
“the 2008 Act” means the Planning Act 2008();
“access and rights of way plans” means the plans of that name identified in the table at Schedule 10 (documents and plans to be certified) and which are certified by the Secretary of State as the access and rights of way plans for the purposes of this Order;
“address” includes any number or address used for the purposes of electronic transmission;
“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables (but excluding the electrical cables as defined in this article), telecommunications equipment and electricity cabinets;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act authorised by this Order;
“arboricultural impact assessment” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the arboricultural impact assessment for the purposes of this Order;
“book of reference” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and “commencement” and “commenced” are to be construed accordingly;
“commercial use” means the export of electricity from any phase, and the import of electricity to any phase, by the authorised development on a commercial basis, following the date of final commissioning of any phase of the authorised development;
“crash site exclusion area” means the area of land shown on the crash site exclusion area plan identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the crash site exclusion area plan for the purposes of this Order;
“date of final commissioning” means in respect of each phase of the authorised development as approved under requirement 3 of Schedule 2 (requirements) the date on which each phase of the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;
“Deed of Obligation” means the agreement between (1) Sunnica Limited (company number 08826077) (2) Cambridgeshire County Council and (3) Suffolk County Council dated 28 March 2023, and which is certified by the Secretary of State as the Deed of Obligation and any modifications to the agreement under article 45 (enforcement, modification and discharge of the Deed of Obligation) from time to time;
“design principles” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the design principles for the purposes of this Order;
“detailed archaeology mitigation strategy” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the detailed archaeology mitigation strategy for the purposes of this Order;
“drainage technical note” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the drainage technical note for the purposes of this Order;
“electrical cables” means—
(a)
with respect to Work Nos. 1, 2 and 3, 33 kilovolt cables, low voltage cables, earthing cables and optical fibre cables;
(b)
with respect to Work No. 4, 33 kilovolt cables, 400 kilovolt cables, earthing cables and optical fibre cables;
(c)
data cables and auxiliary cables in respect of the above cables; and
(d)
works associated with laying the above cables including jointing bays, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling;
“electronic transmission” means a communication transmitted—
(a)
by means of an electronic communications network; or
(b)
by other means but while in electronic form;
“environmental statement” means the document of that name identified in Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;
“flood risk assessment” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
“” and “” have the same meaning as in the 1980 Act;
“framework construction environmental management plan” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the framework construction environmental management plan for the purposes of this Order;
“framework construction traffic management plan and travel plan” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the framework construction traffic management plan and travel plan for the purposes of this Order;
“framework decommissioning environmental management plan” means the plan of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the framework decommissioning environmental management plan for the purposes of this Order;
“framework operational environmental management plan” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the framework operational environmental management plan for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the 1980 Act();
“holding company” has the same meaning as in section 1159 (meaning of “subsidiary” etc) of the Companies Act 2006();
“land and Crown land plans” means the plans of that name identified in the table at Schedule 10 (documents and plans to be certified) and which are certified by the Secretary of State as the land and Crown land plans for the purposes of this Order;
“limits of deviation” means the limits of deviation shown for each numbered work on the works plans;
“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly;
“NGET” means National Grid Electricity Transmission Plc (company number 2366977) whose registered office is at 1 to 3 Strand, London WC2N 5EH;
“Order land” means the land shown on the land and Crown land plans which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the limits shown on the land and Crown land plans and works plans within which the authorised development may be carried out and land acquired or used;
“outline battery fire safety management plan” means the plan of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the outline battery fire safety management plan for the purposes of this Order;
“outline landscape and ecology management plan” means the document of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order;
“outline skills, supply chain and employment plan” means the plan of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the outline skills, supply chain and employment plan for the purposes of this Order;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981();
“permitted preliminary works” means all or any of—
(a)
environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions;
(b)
above ground site preparation for temporary facilities for the use of contractors;
(c)
remedial work in respect of any contamination or other adverse ground conditions;
(d)
diversion and laying of apparatus;
(e)
the provision of temporary means of enclosure and site security for construction;
(f)
the temporary display of site notices or advertisements;
(g)
removal of plant and machinery; or
(h)
site clearance (including vegetation removal and demolition of buildings);
“permitted preliminary works traffic management and access plan” means the traffic management plan of that name to be submitted and approved pursuant to requirement 16(4) in relation to the permitted preliminary works referred to in that requirement;
“plot” means any plot as may be identified by reference to a number and which is listed in the book of reference and shown on the land and Crown land plans;
“potential expanded crash site exclusion area” means the area of land shown on the plan of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the potential expanded crash site exclusion area plan for the purposes of this Order;
“relevant county authority” means the county council for the area in which the land to which the provisions of this Order apply is situated;
“relevant planning authority” means the district planning authority for the area in which the land to which the provisions of this Order apply is situated;
“requirements” means those matters set out in Schedule 2 (requirements) and “requirement” means any one of the requirements;
“restoration overlap plan” means the plan showing the overlap between the Order limits and the limits of the Worlington Quarry planning permission identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the restoration overlap plan for the purposes of this Order;
“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of chapter 1) of the Communications Act 2003();
“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act();
“street works” means the works listed in article 8(1) (street works);
“subsidiary” has the same meaning as in section 1159 (meaning of “subsidiary” etc) of the Companies Act 2006();
“traffic authority” has the same meaning as in section 121A() (traffic authorities) of the 1984 Act;
“traffic regulation measures plans – temporary measures” means the plans of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the traffic regulation measures plans – temporary measures for the purposes of this Order;
“traffic regulation measures plans – temporary road closures” means the plans of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the traffic regulation measures plans – temporary road closures for the purposes of this Order;
“tree preservation order trees location plan” means the plan of that description as referenced in Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the tree preservation order trees location plan for the purposes of this Order;
“undertaker” means Sunnica Limited (company number 08826077);
“Upper Tribunal” means the Lands Chamber of the Upper Tribunal;
“watercourse” includes every river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain;
“works plans” means the plans of that name identified in the table at Schedule 10 (documents and plans to be certified) and which is certified by the Secretary of State as the works plans for the purposes of this Order; and
“Worlington Quarry planning permission” means planning permission F/04/022 granted by Suffolk County Council on 9 August 2004 as subsequently varied by application reference F/15/1386 (approved on 2 October 2015) and SCC/0273/16F6 (approved on 24 February 2017).
(2) References in this Order to rights over land include references to rights to do or restrain 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.
(3) All distances, directions, capacities and lengths referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised development and shown on the works plans and access and rights of way plans are to be taken to be measured along that work.
(4) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plans and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule and a reference to “Work No. 1” or “numbered work 1” means numbered works 1A to 1C inclusive and the same principle applies to such numbered works that contain letters.
(5) In this Order, the expression “includes” is to be construed without limitation.
(6) In this Order, references to any statutory body include that body’s successor bodies.
(7) All areas described in square metres in the book of reference are approximate.