The Willington C Gas Pipeline Order 2014
- (4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the extent provided for in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to the statutory undertaker for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertaker save that the statutory undertaker retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and may recover any such costs in accordance with paragraph 9.
- (5) If the monitoring scheme or mitigation scheme would conflict with any aspect of any ground subsidence monitoring scheme or ground subsidence mitigation scheme approved by the relevant planning authority pursuant to Part 2 of Schedule 1 (Requirements), the undertaker may submit a revised monitoring scheme or mitigation scheme to the statutory undertaker for its approval, such approval not to be unreasonably withheld or delayed; and the revised monitoring scheme or mitigation scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertaker.
Enactments and agreements
12
Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
13
Where in consequence of the proposed construction of any of the authorised development, the undertaker or the statutory undertaker requires the removal of apparatus under paragraph 5(2) or a statutory undertaker makes requirements for modifications to the undertaker’s works or for the protection or alteration of apparatus under paragraph 7(5) or (7) or 8(5) or (7), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development with the need to ensure the safe and efficient operation of the statutory undertaker’s undertaking, and the statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.
Access
14
If in consequence of any agreement reached in accordance with paragraph 5 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
15
- (1) Except for differences or disputes arising under paragraphs 5(1), 5(2), 6(1) and 9, any difference or dispute arising between the undertaker and a statutory undertaker under this Part must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 34 (arbitration).
- (2) For all disputes arising under this Part, the reference in article 34 to the Secretary of State must be construed as a reference to the president of the Institution of Civil Engineers.
Signed
Signed by authority of the Secretary of State for Energy and Climate Change
Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 16th December 2014
Explanatory note
(This note is not part of the Order.)
EXPLANATORY NOTE
This Order authorises RWE Generation UK plc (the “undertaker”) to construct a cross-country pipeline of up to 800 millimetres in diameter (to be known as the Willington C Gas Pipeline) for the conveyance of gas and covering a distance of approximately 27 kilometres starting from the National Transmission System at Yoxall in East Staffordshire and ending at the proposed Willington C Power Station to be constructed at Willington in South Derbyshire, and to carry out all associated works.
This Order permits the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land temporarily for this purpose. This Order also makes provision in connection with the maintenance of the pipeline.
A copy of the plans, book of reference and other documents referred to in this Order and certified in accordance with article 33 may be inspected free of charge during working hours at the offices of East Staffordshire Borough Council, Burton-upon-Trent Customer Service Centre, Market Place, Burton-upon-Trent DE14 1HA and of South Derbyshire District Council, Civic Offices, Civic Way, Swadlincote, Derbyshire DE11 0AH.
Footnotes
2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 83(1) was amended by paragraph 35 of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.29). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.
S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787.
SI 1997/1160, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c.37) and S.I. 2003/2155, 2006/1177, 2009/1307 and 2013/755.
“Carriageway” is defined in section 329.
Section 56(4) was amended by paragraph 10 of Schedule 7 to the Planning and Compensation Act 1991 (c.34).
Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011.
“Highway” is defined in section 328.
1981 c.67. The definition was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c.34). Paragraph 1(5) of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c.21).
Section 138(4A) was inserted by section 23(4)(b) of the Growth and Infrastructure Act 2013 (c.27).
Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c.26).
“Street authority” is defined in section 49.
The registered office of RWE Generation UK plc is Windmill Hill Business Park, Whitehall Way, Swindon, Wiltshire SN5 6PB.
Section 78 was amended by section 43(2) of the Planning and Compulsory Purchase Act 2004 (c.5), paragraph 3(b) of Schedule 10 to the Planning Act 2008, section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011 and paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013.
Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 (c.34) and by paragraph 4 of Schedule 10 to the Planning Act 2008.
S.I. 2012/2920, to which there are amendments not relevant to this Order.
1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), sections 136 and 145 of, and Schedule 23 to, the Energy Act 2004 (c.20), regulation 5 of S.I. 2011/2704 and article 6 of S.I. 2012/2400.
A number of these provisions are amended, including by the Traffic Management Act 2004 (c.18).
“Apparatus” is defined in sections 89(3) and 105(1).
1991 c.56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c.43) and by sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.
“Sewerage undertaker” is defined in Schedule 1 to the Interpretation Act 1978 (c.30).
Sections 1 and 4 were amended, and sections 2 and 3 repealed, by paragraphs 37 to 39 of S.I. 2009/1307.
Section 5 (notice to treat, and untraced owners) of the Compulsory Purchase Act 1965 was amended by section 67 of the Planning and Compensation Act 1991 and by paragraph 60 of Schedule 1 to S.I. 2009/1307.
Section 152 was amended by paragraph 293 of Schedule 1 to S.I. 2009/1307.
Section 10 was amended by paragraph 63 of Schedule 1 to S.I. 2009/1307 and paragraph 13 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11).
Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.
Section 11 was amended by paragraph 14(3) of Schedule 4 to the Acquisition of Land Act 1981 (c.67), Part 1 of Schedule 1 to the Housing (Consequential Provisions) Act 1985 (c.71), paragraph 12(1) of the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1) and paragraph 64 of Schedule 1 to S.I. 2009/1307.
Section 13 was amended by section 139 of, and paragraph 28(2) of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).
“Public utility undertakers” is defined in section 329.
“Highway maintainable at the public expense” is defined in section 329.
“Emergency works” is defined in section 52.
1990 c.43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995 (c.25).
Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c.40) and paragraph 6 of Schedule 17 to the Environment Act 1995.
1974 c.40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c.55), paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995. Section 65 was amended by paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995.
“Local highway authority” is defined in section 329.
“Maintain” is defined in article 2.
1973 c.26. Section 44 was amended by paragraph 13(b) of Schedule 24 to the Highways Act 1980, paragraph 14(d) of Schedule 7 to the Gas Act 1986 (c.44) and paragraph 23 of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c.60).
Section 12 was modified by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c.23).
Section 13 was amended by section 139 of, paragraph 28(2) of Schedule 13 to, and Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007.
The definition of “electrical plant” in section 64 was amended by paragraph 38(3) of Schedule 6 to the Utilities Act 2007.
Section 102(4) was amended by section 96 of the Water Act 2003. Section 104 was amended by section 96 of, and by Part 3 of Schedule 9 to, the Water Act 2003 and by section 42(3) of the Flood and Water Management Act 2010 (c.29).
1986 c.44. “Gas transporter” is defined in section 7. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000.
“Water undertaker” is defined in Schedule 1 to the Interpretation Act 1978.
“The electronic communications code” is defined in section 106(1).
1993 c.43. Section 8 was amended by paragraph 4 of Schedule 17 and Part 4 of Schedule 31 of the Transport Act 2000 (c.38), paragraph 3 and 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c.20) and paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005 (c.14).
Section 272 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003.
See section 3A(8) for the construction of “licence holder”. Section 3A was substituted by section 13 of the Utilities Act 2000.
Editorial notes
Art. 1 in force at 7.1.2015, see art. 1
Art. 2 in force at 7.1.2015, see art. 1
Art. 3 in force at 7.1.2015, see art. 1
Art. 4 in force at 7.1.2015, see art. 1
Art. 5 in force at 7.1.2015, see art. 1
Art. 6 in force at 7.1.2015, see art. 1
Art. 7 in force at 7.1.2015, see art. 1
Art. 8 in force at 7.1.2015, see art. 1
Art. 9 in force at 7.1.2015, see art. 1
Art. 10 in force at 7.1.2015, see art. 1
Art. 11 in force at 7.1.2015, see art. 1
Art. 12 in force at 7.1.2015, see art. 1
Art. 13 in force at 7.1.2015, see art. 1
Art. 14 in force at 7.1.2015, see art. 1
Art. 15 in force at 7.1.2015, see art. 1
Art. 16 in force at 7.1.2015, see art. 1
Art. 17 in force at 7.1.2015, see art. 1
Art. 18 in force at 7.1.2015, see art. 1
Art. 19 in force at 7.1.2015, see art. 1
Art. 20 in force at 7.1.2015, see art. 1
Art. 21 in force at 7.1.2015, see art. 1
Art. 22 in force at 7.1.2015, see art. 1
Art. 23 in force at 7.1.2015, see art. 1
Art. 24 in force at 7.1.2015, see art. 1
Art. 25 in force at 7.1.2015, see art. 1
Art. 26 in force at 7.1.2015, see art. 1
Art. 27 in force at 7.1.2015, see art. 1
Art. 28 in force at 7.1.2015, see art. 1
Art. 29 in force at 7.1.2015, see art. 1
Art. 30 in force at 7.1.2015, see art. 1
Art. 31 in force at 7.1.2015, see art. 1
Art. 32 in force at 7.1.2015, see art. 1
Art. 33 in force at 7.1.2015, see art. 1
Art. 34 in force at 7.1.2015, see art. 1
Art. 35 in force at 7.1.2015, see art. 1
Art. 36 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 1 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 2 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 3 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 4 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 5 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 6 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 7 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 8 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 9 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 10 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 11 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 12 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 13 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 14 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 15 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 16 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 17 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 18 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 19 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 20 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 2 para. 21 in force at 7.1.2015, see art. 1
Sch. 7 para. 1 in force at 7.1.2015, see art. 1
Sch. 7 para. 2 in force at 7.1.2015, see art. 1
Sch. 7 para. 3 in force at 7.1.2015, see art. 1
Sch. 7 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 1 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 2 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 3 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 5 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 6 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 7 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 1 para. 8 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 1 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 2 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 3 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 5 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 2 para. 6 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 1 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 2 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 3 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 5 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 6 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 7 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 8 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 9 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 10 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 11 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 12 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 13 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 14 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 15 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 16 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 3 para. 17 in force at 7.1.2015, see art. 1
Sch. 9 para. 18 in force at 7.1.2015, see art. 1
Sch. 9 para. 19 in force at 7.1.2015, see art. 1
Sch. 9 para. 20 in force at 7.1.2015, see art. 1
Sch. 9 para. 21 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 1 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 2 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 3 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 5 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 6 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 7 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 8 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 9 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 10 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 11 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 12 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 13 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 14 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 15 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 16 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 4 para. 17 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 1 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 2 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 3 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 4 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 5 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 6 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 7 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 8 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 9 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 10 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 11 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 12 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 13 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 14 in force at 7.1.2015, see art. 1
Sch. 9 Pt. 5 para. 15 in force at 7.1.2015, see art. 1
Sch. 1 Pt. 1 in force at 7.1.2015, see art. 1
Sch. 2 in force at 7.1.2015, see art. 1
Sch. 3 in force at 7.1.2015, see art. 1
Sch. 4 in force at 7.1.2015, see art. 1
Sch. 5 in force at 7.1.2015, see art. 1
Sch. 6 in force at 7.1.2015, see art. 1
Sch. 8 in force at 7.1.2015, see art. 1
Words in art. 2(1) inserted (19.8.2015) by The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Words in art. 16 heading omitted (19.8.2015) by virtue of The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Words in art. 16(1) omitted (19.8.2015) by virtue of The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Word in art. 16(1) substituted (19.8.2015) by virtue of The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Words in art. 22(1) substituted (19.8.2015) by virtue of The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Art. 27(aa) inserted (19.8.2015) by The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Word in art. 33(1)(d) substituted (19.8.2015) by The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Words in Sch. 1 Pt. 2 para. 1 inserted (19.8.2015) by The Willington C Gas Pipeline (Correction) Order 2015 (S.I. 2015/1616), art. 1, Sch.
Words in art. 14(7) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 2 para. 77 (with regs. 1(3), 77-79, Sch. 4)
Words in art. 14(8)(b) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 2 para. 77 (with regs. 1(3), 77-79, Sch. 4)
Words in Sch. 1 Pt. 2 para. 1 substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 44
Compulsory acquisition of ... land
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