The Millbrook Gas Fired Generating Station Order 2019

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

Service of notices

39

• (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 (references to service by post) of the Interpretation Act 1978 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 that 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 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 seven 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 certain approvals

40

• (1) Where an application is made to or a request is made of the relevant planning authorities, highway authority, traffic authority, street authority, or the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 10 (protective provisions) for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements but including the protective provisions contained in Schedule 10), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

• (2) Schedule 12 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the requirements in Schedule 2 (requirements).

• (3) Save for applications made pursuant to Schedule 12 (procedure for discharge of requirements) and where stated to the contrary if, within eight weeks after the application or request has been submitted to an authority, beneficiary of protective provisions or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed with the undertaker in writing) it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

• (4) The procedure set out in paragraph 1(3) of Schedule 12 (procedure for discharge of requirements) has effect in relation to any refusal by an authority, beneficiary of protective provisions, or an owner as referred to in paragraph (1) of this article to any consent, agreement or approval required under this Order, including such as may be required pursuant to the protective provisions contained within Schedule 10 (protective provisions).

• (5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (3).

Arbitration

41

Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Funding

42

• (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

• (a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant power in relation to that land; or

• (b) an alternative form of security and the amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant power in relation to that land.

• (2) The provisions are—

• (a) article 18 (compulsory acquisition of land);

• (b) article 19 (statutory authority to override easements and other rights);

• (c) article 21 (compulsory acquisition of rights etc);

• (d) article 22 (private rights);

• (e) article 24 (acquisition of subsoil only);

• (f) article 26 (rights under or over streets);

• (g) article 27 (temporary use of land for carrying out the authorised development);

• (h) article 28 (temporary use of land for maintaining the authorised development); and

• (i) article 29 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

• (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Low Level Restoration Scheme

43

Insofar as compliance with any article of this Order or any requirement in Schedule 2 (requirements) prevents the undertaker from complying with any condition contained in the planning permission granted under the Town and Country Planning Act 1990 for the low level restoration scheme for Rookery South Pit (reference number BC/CM/2000/8), the undertaker shall not be in breach of that condition.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In Central Bedfordshire—

A nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act, and associated development under section 115(1)(b) of that Act consisting of a generating station with a gross rated electrical output of up to 299MWe comprising all or part of—

Work No. 1A development comprising a generating station including—

• (a) 1 gas turbine generator;

• (b) 1 exhaust gas emission flue stack; and

• (c) external fin fan cooler(s),

Work No. 1B development comprising a generating station and gas and electrical infrastructure including—

• (a) a control room/office/workshop;

• (b) telemetry apparatus;

• (c) a fire water tank;

• (d) a demineralised water storage tank;

• (e) an emergency generator including fuel storage tank;

• (f) gas pipeline and telemetry cabling and cathodic protection test/ transformer rectifier unit;

• (g) a natural gas receiving station and gas treatment compound containing—

• (i) a pipeline inspection gauge (PIG) receiving facility;

• (ii) isolation valves, metering, heating, filtering, compression, pressure regulation equipment;

• (iii) electricity supply kiosks;

• (iv) emergency generator including fuel storage tank;

• (v) Joule-Thomson boiler(s); and

• (vi) control and instrumentation kiosks,

Work No. 1C development comprising a generating station and electrical infrastructure including a transformer compound, generator step up transformer, unit and other transformers, overhead conductor gantry, overhead conductors and other plant and structures required to manage the transmission of electricity,

Work No. 1D development comprising a generating station including—

• (a) security infrastructure, including cameras, perimeter fencing and a gatehouse;

• (b) site lighting infrastructure, including perimeter lighting columns;

• (c) internal roadways, car parking, pedestrian network, cycle parking, hardstanding and water treatment trailers;

• (d) a maintenance compound including hardstanding and welfare and administration facilities;

• (e) site drainage and waste management infrastructure, including relocation of existing infrastructure as required;

• (f) electricity, water, wastewater and telecommunications and other services including high voltage and low voltage cabling, equipment and controls and associated telemetry and electrical protection auxiliary cabling;

• (g) landscaping including tree planting, temporary and permanent fencing and other boundary treatments and ecological mitigation; and

• (h) other ancillary equipment.

Work No. 2A development comprising the creation of a junction with Green Lane, maintenance of an existing access road between Green Lane and Rookery South Pit, including permanent road surface and kerb stones, fencing, safety barrier(s), signing and road markings works, footway, drainage (including culverts), electricity and telecommunications connections and other services and other incidental works,

Work No. 2Bdevelopment comprising a new means of access, including permanent road surface and kerb stones, safety barrier(s), signing and road markings works, footway, drainage (including culverts), electricity and telecommunications connections and other services and other incidental works,

Work No. 3A development comprising gas infrastructure including—

• (a) an above ground installation (also referred to as a minimum offtake connection compound) containing—

• (i) a minimum offtake connection comprising remotely operable valves, control and instrumentation kiosks and electrical supply kiosks;

• (ii) a pipeline inspection gauge (PIG) facility, comprising a PIG launching facility, emergency control valves, isolation valves, control and instrumentation kiosks, and electricity supply kiosks;

• (b) security infrastructure, including cameras, lighting (including perimeter lighting columns) and perimeter fencing;

• (c) site drainage and waste management infrastructure;

• (d) electricity and telecommunications connections and other services;

• (e) below ground sacrificial anode pit; and

• (f) landscaping including tree planting, temporary and permanent fencing and other boundary treatments and ecological mitigation,

Work No. 3Bdevelopment comprising creation of a permanent access and a construction access from an existing agricultural track into numbered work 3A, upgrading of an existing agricultural track and junction between Houghton Lane and numbered work 3A, including permanent road surface and kerb stones, signing and road markings works, drainage (including culverts), electricity and telecommunications connections and other services and other incidental works,

Work No. 4A development comprising a gas pipeline including—

• (a) a new underground gas pipeline connection and telemetry cabling, approximately 1.8km in length connecting Work No. 1B to Work No. 3A;

• (b) pipeline field marker posts and cathodic protection test/ transformer rectifier unit;

• (c) below ground drainage works;

• (d) works required in order to protect existing utilities infrastructure;

• (e) tree and hedge removal;

• (f) landscaping including tree planting, temporary and permanent fencing and other boundary treatments and ecological mitigation; and

• (g) creation of construction access from Houghton Lane,

Work No. 4Bdevelopment comprising a construction laydown area including areas of hardstanding and site and welfare offices and workshop;

Work No. 5 development comprising an electrical substation and electrical infrastructure including—

• (a) 400kV substation including overhead line gantry and site office and welfare accommodation and emergency auxiliary supplies;

• (b) underground high voltage electrical cables and associated telemetry and electrical protection auxiliary cabling;

• (c) security infrastructure including perimeter fencing with gates, security cameras and site lighting infrastructure, including perimeter lighting columns;

• (d) landscaping including bunds, tree planting, fencing and other boundary treatments and ecological mitigation;

• (e) site drainage and waste management infrastructure;

• (f) electricity and telecommunications connections and other services; and

• (g) internal roadways, car parking, pedestrian network and hardstanding for planned maintenance,

Work No. 6 development comprising works to construct a 400kV electrical connection between transmission towers ZA377 and ZA379 and Work No.5 and mitigation works for Work Nos. 1, 3, 5, 6 and 7 including—

• (a) 400 kV sealing end compounds (including downleads to connect to the new transmission tower);

• (b) underground or ducted high voltage electrical cables and associated telemetry and electrical protection auxiliary cabling and below ground drainage works;

• (c) security infrastructure including perimeter fencing with gates, security cameras, site lighting infrastructure, including perimeter lighting columns;

• (d) permanent means of access from the low level restoration scheme secondary access to numbered work 6(a), taking the form of an agricultural hard-core track not more than 6 m wide and creation of permanent diversion of the low level restoration scheme secondary access;

• (e) temporary means of access;

• (f) landscaping including bunds, tree planting, temporary and permanent fencing and other boundary treatments and ecological mitigation;

• (g) site drainage;

• (h) a new transmission tower (including downleads to connect to the sealing end compounds); and

• (i) removal of transmission tower ZA378,

Work No 7 development comprising works to, and installation of, transmission towers and mitigation works for Work Nos. 1, 3, 5, 6 and 7 including—

• (a) erection and later removal of temporary transmission tower(s);

• (b) erection and later removal of scaffolding, stringing of conductors forming a temporary diversion of the existing 400kV transmission line;

• (c) erection and later removal of scaffolding, re-stringing of conductors in the alignment of the existing 400 kV transmission line;

• (d) tree, hedge and fence removal;

• (e) security infrastructure including temporary perimeter fencing with gates, security cameras and site lighting; and

• (f) landscaping including tree planting, fencing and ecological mitigation,

Work No. 8 development comprising a construction laydown area(s) including areas of hardstanding and site and welfare offices and workshops,

and such other buildings, structures, works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the works in this Schedule but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

Time limits

1

The authorised development must commence no later than the expiration of five years beginning with the date this Order comes in to force.

Detailed design approval

2

• (1) The authorised development must be carried out in accordance with the approved plans listed in Table 1 below, inclusive of any limits of deviation, and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authorities pursuant to any requirement (as the same may be amended by approval of the relevant planning authorities pursuant to requirement 19)—

Works plans
Rights of way, streets and access plan
The access road visibility splay plan

• (2) The authorised development must be carried out in accordance with the parameters specified below (as the same may be amended by approval of the relevant planning authorities pursuant to requirement 19)—

Building or structure	Maximum height (metres above existing site level of approximately 31.5 metres AOD unless otherwise stated)	Minimum height (metres above existing site level of approximately 31.5 metres AOD unless otherwise stated)	Maximum length (metres)	Minimum length (metres)	Maximum width (metres)	Minimum width (metres)
The gas turbine generator (including gas turbine, generator, air inlet filter house, air inlet duct, exhaust diffuser, and auxiliaries such as lube oil system, air dryers, fuel gas filter package, instrument air system, compressor washing) (Part of numbered work 1A)	27	–	50	–	40	–
The exhaust gas emission flue stack (part of numbered work 1A)	35	32.5	12	–	12	–
Control room/office/ workshop (part of numbered work 1B)	7	–	45	–	25	–
Emergency generator (part of numbered work 1B)	6	–	13	–	5	–
Raw/fire water tank (part of numbered work 1B)	15	–	15	–	15	–
Demineralised water tank (part of numbered work 1B)	5	–	5	–	5	–
Gas receiving station (including compression station, emergency generator, Joule-Thompson boilers and other auxiliary control cabinets) (part of numbered work 1B)	10	–	70	–	50	–
Fin Fan Cooler(s) (part of numbered work 1A)	10	–	28	–	14	–
Transformer compound (including generator step up transformer, unit and other transformers, overhead line gantry and associated equipment) (part of numbered work 1C)	15	–	65	–	60	–
Gatehouse (part of numbered work 1D)	4.5	–	9	–	8	–
Above ground installation (numbered work 3A)*	3	–	85	–	35	–
Pipeline inspection gauge facility (part of numbered work 3A)*	3	–	35	–	30	–
Minimum offtake connection (part of numbered work 3A)*	3	–	35	–	35	–
Substation (including the auxiliary building) (part of numbered work 6)**	14	–	100	–	60	–

• Existing site level is approximately 70m AOD ** Existing site level is approximately 49m AOD

• (3) To the extent that design principles for any numbered work are set out in the design principles statement, that numbered work must be designed substantially in accordance with the relevant design principles set out therein.

• (4) Except to the extent approved pursuant to requirement 5, numbered works 1, 3A... and 6(a) must not commence until, for that numbered work, details of the layout, scale and external appearance of the numbered work have been submitted to and approved by the relevant planning authorities.

Provision of landscaping and ecological mitigation

3

Each of numbered works 1, 2, 3A, 4, 5, 6 and 7 of the authorised development must not commence until, for that numbered work, a written strategy substantially in accordance with the outline landscape and ecological mitigation and management strategy has been submitted to and approved by Central Bedfordshire Council. The strategy must include details of all proposed hard and soft landscaping works and ecological mitigation measures and include details of—

• (a) the location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) bunds and proposed finished ground levels;

• (d) hard surfacing materials;

• (e) measures for the management of the ecological resources that will remain within the Order land on completion of the authorised development.

Implementation and maintenance of landscaping and ecological mitigation measures

4

• (1) All landscaping works and ecological mitigation measures must be carried out in accordance with the strategy approved under requirement 3.

• (2) The landscaping works and ecological mitigation measures must be carried out in accordance with implementation timetables approved in the strategy approved under requirement 3.

Highway accesses

5

• (1) Numbered work 1 of the authorised development must not commence until either the Rookery South access road and numbered work 2B have been completed to a suitable standard for construction or the junction with Green Lane (comprising part of numbered work 2A) and numbered work 2B have been completed to a suitable standard for construction.

• (2) Each of numbered works 2, 3 and 6 of the authorised development must not commence until for that numbered work, written details of the siting, design and layout (to the extent either not provided as part of or differing from, the details contained in Schedule 1, the works plans or Table 1 of requirement 2) of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic has been submitted to and approved by the relevant planning authorities (in consultation with the highway authority).

• (3) The highway accesses must be constructed in accordance with the approved details.

• (4) Following the completion of construction of numbered work 2, unless the Rookery South access road is constructed pursuant to the Rookery South (Resource Recovery Facility) Order 2011, the access road visibility splay must be kept clear at all times of obstructions, buildings and vegetation that may obstruct or impair visibility from or to Green Lane to or from numbered work 2.

Fencing and other means of site perimeter enclosure

6

• (1) Each of numbered works 1, 3A, 4, 5, 6 and 7 of the authorised development must not commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that numbered work have been submitted to and approved by Central Bedfordshire Council.

• (2) Numbered work 2A of the authorised development must not commence until written details of any proposed permanent fence or other means of enclosure for that numbered work have been submitted to and approved by Central Bedfordshire Council (and approved by Network Rail in accordance with paragraph 68 of Schedule 10).

• (3) Any construction sites must remain securely fenced at all times during construction of the authorised development.

• (4) The fencing and other means of enclosure must be constructed and maintained in accordance with the approved details.

Surface and foul water drainage

7

• (1) Each of numbered works 1, 2, 3A... and 6 must not commence until, for that numbered work, written details of the surface and foul water drainage strategy, which shall incorporate appropriate elements of the low level restoration scheme drainage strategy where applicable, for the construction and operational phases of the authorised development have been submitted to and approved by Central Bedfordshire Council.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved details before the operational phase of that part of the authorised development commences.

Contamination and groundwater

8

• (1) Each of numbered works 1 to 8 must not commence until, for that numbered work, a scheme (which may be included in the construction environment management plan) to deal with the contamination of any land, including groundwater, which is likely to cause significant harm to persons or significant pollution of controlled waters or the environment and ground conditions relevant to foundation design and ground stability has been submitted to and approved in writing by Central Bedfordshire Council.

• (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by Central Bedfordshire Council, to include groundwater baseline monitoring and assessment and to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

• (3) The scheme must include an investigation and assessment report to identify ground conditions and ground stability matters and must identify appropriate foundation design measures.

• (4) Remediation must be carried out in accordance with the approved scheme.

• (5) Foundation design measures must be carried out in accordance with the approved scheme.

Archaeology

9

• (1) Each of numbered works 3A, 4A and 6 of the authorised development must not commence until, for that numbered work, a written scheme of archaeological investigation has been submitted to and approved in writing by Central Bedfordshire Council. The submitted written scheme of archaeological investigation must include the following –

• (a) provision to be made for a programme of excavation fieldwork and post-excavation assessment should significant archaeological remains be encountered, and where warranted post-excavation analysis;

• (b) provision to be made for publication and dissemination of the results of any assessment made pursuant to sub-paragraph (a), including for public benefit and understanding, should the nature of the archaeology warrant it; and

• (c) provision to be made for the deposition of the finds assemblage and the site archive.

• (2) The archaeological investigation must be carried out in accordance with the approved scheme.

Construction Environment Management Plan

10

• (1) Each of numbered works 1 to 8 of the authorised development must not commence until a construction environment management plan covering that numbered work has been submitted to and approved by the relevant planning authorities. The final construction environment management plan must be substantially in accordance with the outline construction environment management plan and must include the following—

• (a) the construction and phasing programme;

• (b) liaison procedures to discuss and agree all relevant construction aspects with the relevant planning authorities;

• (c) complaints procedures;

• (d) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, lighting, noise and vibration);

• (e) waste management;

• (f) an assessment of the site specific risks to and mitigation measures designed to protect controlled waters (surface and groundwaters) including pollution incident control;

• (g) procedure for crossing watercourses (by reference to best practice methods);

• (h) landscape and visual impact mitigation (specifically the protection of trees and hedgerows to be retained in accordance with BS 5837: 2012 (or its updates) and a scheme to minimise visual intrusion of the construction works);

• (i) security measures;

• (j) measures for the maintenance of construction equipment;

• (k) restoration of site following completion of construction; and

• (l) liaison procedures with all other contractors working within Rookery Pit regarding programmed construction movements and processes.

• (2) All construction works must be undertaken in accordance with the approved construction environment management plan.

Construction traffic management plan

11

• (1) Each of numbered works 1 to 8 of the authorised development must not commence until, for that numbered work, a construction traffic management plan has been submitted to and approved by the relevant planning authorities in consultation with the relevant highway authorities and Marston Moreteyne Parish Council (and approved by Network Rail in accordance with paragraph 70 of Schedule 10). The construction traffic management plan must be substantially in accordance with the outline construction traffic management measures and must include the following—

• (a) construction vehicle routing plans;

• (b) site access plans;

• (c) measures to ensure the protection of users of any footpath within the Order limits which may be affected by the construction of the authorised development;

• (d) proposals for the management of junctions to and crossings of highways and other public rights of way;

• (e) proposals for the scheduling and timing of movements of heavy commercial vehicles (as defined in section 138 of the 1984 Act) relating to the construction of the authorised development including details of abnormal indivisible loads and, if applicable, taking into account the anticipated scheduling and timing of movements of any heavy commercial vehicles (as defined in section 138 of the 1984 Act) relating to the construction of the development authorised by the Rookery South (Resource Recovery Facility) Order 2011;

• (f) details of escorts for abnormal indivisible loads;

• (g) proposals for temporary warning signs and banksman and escort details;

• (h) details of any temporary or permanent improvements to highways;

• (i) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works associated with the creation or upgrading of any permanent or temporary means of access pursuant to this Order;

• (j) proposals for traffic management controls (such as temporary signals) to ensure the safe operation of Green Lane level crossing;

• (k) proposals for signage at suitable intervals along the Rookery South access road or numbered work 2A (as appropriate) restricting the speed of vehicles using the Rookery South access road or numbered work 2A (as appropriate) in connection with the construction of the authorised development such speed limit to be no more than 15 miles per hour; and

• (l) details of any amendments required by Network Rail pursuant to paragraph 70(4) of Part 7 of Schedule 10 (protective provisions) and an explanation of how such amendments have been taken into account.

• (2) The construction traffic management plan must be implemented as approved.

Control of noise during operation

12

• (1) Prior to the date of final commissioning a written noise scheme providing for the control of noise generated during the operation of the authorised development must be submitted to and approved by Central Bedfordshire Council. The noise scheme must include the following:

• (a) the locations at which noise will be monitored;

• (b) the defined representative background sound level at South Pillinge Farm house;

• (c) the method of noise measurement (which must be in accord with BS 4142:2014, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances) and when such measurements will be carried out; and

• (d) a complaints procedure.

• (2) Except in the case of an emergency, noise (in terms of the BS 4142:2014 rating level) emitted from the operation of the authorised development must be no greater than the defined representative background sound level as approved in the noise scheme submitted pursuant to sub-paragraph (1).

• (3) The noise scheme must be carried out as approved.

Control of noise during construction

13

• (1) No part of the authorised development may commence until a written construction noise monitoring scheme providing for the monitoring of noise generated during the construction of the authorised development has been submitted to and approved in writing by Central Bedfordshire Council. The construction noise monitoring scheme must include the following:

• (a) the locations at which the noise will be monitored;

• (b) the frequency of noise monitoring corresponding to the construction programme and the change in plant, equipment and working practices likely to affect noise conditions during the construction programme;

• (c) the defined representative background sound level at South Pillinge Farm house;

• (d) the method of noise measurement and establishment of noise limits (which must be in accordance with BS 5228:2009, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances);

• (e) a procedure for the periodic review of the construction noise monitoring scheme relating to the frequency of noise monitoring and the need for continued monitoring corresponding to the construction programme; and

• (f) a complaints procedure.

• (2) The construction noise monitoring scheme must be carried out as approved.

Construction hours

14

• (1) Subject to sub-paragraph (2) no construction work, or the delivery or removal of materials, may take place on any Sunday or public holiday and no construction work, or the delivery or removal of materials, may take place outside the hours of—

• (a) 0700 and 1900 hours on weekdays; and

• (b) 0700 and 1300 hours on Saturdays.

• (2) Sub-paragraph (1) does not prevent construction works, or the delivery or removal of materials, being carried out on public holidays or outside the hours set out in sub-paragraph (1) with the prior written approval of Central Bedfordshire Council.

• (3) Nothing in sub-paragraph (1) precludes a start-up period from 0630 to 0700 and a shut down period from 1900 to 1930 on weekdays (excluding public holidays) and start-up period from 0630 to 0700 and a shut down period from 1300 to 1330 on a Saturday.

Lighting strategy

15

• (1) Each of numbered works 1, 3A and 6 must not commence until a written scheme for the management and mitigation of artificial light emissions for that numbered work which is substantially in accordance with the outline lighting strategy has been submitted to and approved by Central Bedfordshire Council.

• (2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant numbered work.

Construction Travel Plan

16

• (1) Each of numbered works 1 to 8 of the authorised development must not commence until, for that numbered work, a construction worker travel plan has been submitted to and approved by the relevant planning authorities. The construction worker travel plan must be substantially in accordance with the outline travel plan (other than the measures which relate to the operational phase).

• (2) The construction worker travel plan must be carried out as approved.

Operating hours

17

Subject to requirement 19, the undertaker is not permitted to operate the generating station comprised in the authorised development for a greater number of hours than that assessed in the environmental statement.

Decommissioning strategy

18

• (1) Subject to obtaining the necessary consents and unless otherwise agreed with Central Bedfordshire Council, within twenty four months of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis), a scheme for the demolition and removal of numbered work 1 must be submitted to Central Bedfordshire Council.

• (2) The demolition and removal of numbered work 1 must be implemented in accordance with the approved scheme.

• (3) On the one year anniversary of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis) the undertaker must notify Central Bedfordshire Council of the same.

Amendments to approved details

19

• (1) Subject to paragraph (2), with respect to the approved plans specified in requirement 2(1), the parameters specified in requirement 2(2), any details requiring compliance within any other requirement and any other plans, details or schemes which require approval by the relevant planning authorities pursuant to any other requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authorities for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authorities the Approved Plans, Parameters, Details or Schemes is to be taken to include the amendments approved pursuant to this subparagraph.

• (2) Approval under sub-paragraph (1) must not be given except where it has been demonstrated to the satisfaction of the relevant planning authorities that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

Low Level Restoration Scheme

20

No part of the authorised development may commence until the low level restoration scheme baseline works have been completed to the reasonable satisfaction of Central Bedfordshire Council.

Air Safety

21

Numbered work 1A(b) of the authorised development must not commence until the following details have been submitted to the Defence Geographic Centre:

• (a) the precise location of numbered work 1A(b);

• (b) the date of commencement of construction of numbered work 1A(b);

• (c) the anticipated date of completion of construction of numbered work 1A(b);

• (d) the height above ground level of the tallest structure; and

• (e) the maximum extension height of any construction equipment.

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1)Area	(2)Street subject to alteration of layout	(3)Description of alteration
Central Bedfordshire Council	Green Lane	Installation of signage and markings between the points marked A and B on the rights of way, streets and access plan to facilitate the construction and operation of numbered work 2.
Bedford Borough Council	Green Lane	Installation of signage and markings between the points marked A and B on the rights of way, streets and access plan to facilitate the construction and operation of numbered work 2.
Central Bedfordshire Council	Green Lane	Creation of new access comprising part of numbered work 2A including the lowering of the levels of the kerb between the points marked C and D on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Creation of new access comprising part of numbered work 2A including the lowering of the levels of the kerb between the points marked E and F on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Creation of new access comprising part of numbered work 2 between the points marked G and I on the rights of way, streets and access plan to provide permanent access to numbered work 1.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Upgrading the existing access comprising numbered work 3B between the points marked MM and NN on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Upgrading the existing access comprising numbered work 3B between the points marked OO and PP on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Creation of new access comprising part of numbered work 3B between the points marked QQ and RR on the rights of way, streets and access plan to provide permanent access to numbered work 3A.
Central Bedfordshire Council	low level restoration scheme secondary access track	Creation of new access comprising part of numbered work 6 within the area shown on the rights of way, streets and access plan with orange hatching to provide permanent access to numbered work 6(a).
Central Bedfordshire Council	Station Lane	Creation of new access comprising part of numbered work 6 between the points marked SS and TT on the rights of way, streets and access plan to provide permanent access to numbered work 6(a).

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Creation of new access comprising part of numbered work 3B between the points marked RR and NN on the rights of way, streets and access plan to provide construction access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Creation of new access comprising part of numbered work 4A between the points marked GG and HH on the rights of way, streets and access plan to provide construction access both north and south of Houghton Lane.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1)Area	(2)Street Subject to Street Works	(3)Description of the street works
Central Bedfordshire Council	Green Lane	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked A and B and C and D on the rights of way, streets and access plan.
Bedford Borough Council	Green Lane	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked A and B on the rights of way, streets and access plan.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Works to enable the creation of an access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked E and F on the rights of way, streets and access plan.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	Works to maintain the existing access and to place and maintain apparatus (comprising numbered work 2A) for use during construction and operation between the points marked F and G on the rights of way, streets and access plan.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Works for numbered work 5 to be installed in the street between the points marked J and K on the rights of way, streets and access plan.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pits	Works for numbered work 5 to be installed in the street between the points marked L and M on the rights of way, streets and access plan.
Central Bedfordshire Council	Public Footpath 65	Works for numbered work 4A to be installed in the street between the points marked O and P on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	Works for numbered work 4A to be installed under the street between the points marked GG and HH on the rights of way, streets and access plan.
Central Bedfordshire Council	Public Footpath 7	Works for numbered work 4A to be installed in the street between the points marked JJ and KK on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to upgrade the existing access (comprising numbered work 3B) and to place and maintain apparatus for use during construction and operation and works for numbered work 4A to be installed in the street between the points marked MM and NN on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	Works to upgrade the existing junction (comprising numbered work 3B) for use during construction and operation between the points marked OO and PP on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to enable the creation of an access (comprising numbered work 3B) for use during operation between the points marked QQ and RR on the rights of way, streets and access plan.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Works to enable the creation of an access (comprising numbered work 3B) for use during construction between the points marked RR and NN on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works for numbered work 4A to be installed in the street between the points marked BB and CC on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works for numbered work 4A to be installed in the street between the points marked CC and DD on the rights of way, streets and access plan.
Central Bedfordshire Council	low level restoration scheme secondary access track	Works to enable the creation of an access (comprising part of numbered work 6) within the area shown on the rights of way, streets and access plan with orange hatching to provide permanent accesses to numbered work 6(a).
Central Bedfordshire Council	Houghton Lane	Works to enable the creation of an access (comprising part of numbered work 4A) for use during construction between the points marked GG and HH on the rights of way, streets and access plan.
Central Bedfordshire Council	Station Lane	Works to enable the creation of an access (comprising part of numbered work 6) between the points marked SS and TT on the rights of way, streets and access plan to provide permanent accesses to numbered work 6(a).

SCHEDULE 5 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE

(1) Location	(2) Street	(3) Description of relevant part of access
Central Bedfordshire Council	Green Lane	The signage and markings installed in the area hatched blue between points A and B as shown on the rights of way, streets and access plan.
Bedford Borough Council	Green Lane	The signage and markings installed in the area hatched magenta between points A and B as shown on the rights of way, streets and access plan.
Central Bedfordshire Council	Houghton Lane	The upgraded access constituting part of numbered work 3B and shown on the rights of way, streets and access plan hatched blue between points OO and PP.

PART 2 — THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1)Location	(2)Street	(3)Description of access
Central Bedfordshire Council	Green Lane	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points C and D.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points E and F.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2A and shown on the rights of way, streets and access plan hatched red between points F and G.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits	The access constituting part of numbered work 2B and shown on the rights of way, streets and access plan hatched red between points G and I.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	The access constituting part of numbered work 3B and shown on the rights of way, streets and access plan hatched red between points MM and NN.
Central Bedfordshire Council	low level restoration scheme secondary access track and/or the new access track from Station Lane	The access to the substation constituting part of numbered work 6 to be provided within the area shown on the rights of way, streets and access plan hatched orange and/or coloured orange and hatched red.

PART 3 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	The creation of a temporary access comprising part of numbered work 3B and shown on the rights of way, streets and access plan hatched red between points marked RR and NN to provide temporary access to numbered work 3A.
Central Bedfordshire Council	Houghton Lane	Creation of temporary access comprising part of numbered word 4A between the points marked GG and HH on the rights of way, streets and access plan to provide construction access both north and south of Houghton Lane.

SCHEDULE 6 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

(1) Area	(2) Street subject to temporary prohibition or restriction of use	(3) Extent of temporary prohibition or restriction of use of streets
Central Bedfordshire Council	Green Lane	Prohibition/Restriction: From the points marked A to B on the rights of way, streets and access plan being approximately 250m.
Central Bedfordshire Council	Green Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Bedford Borough Council	Green Lane	Prohibition/Restriction: From the points marked A to B on the rights of way, streets and access plan being approximately 250m.
Bedford Borough Council	Green Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Prohibition/Restriction: From the points marked E to F on the rights of way, streets and access plan being approximately 33m.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Prohibition/Restriction: From the points marked F to G on the rights of way, streets and access plan being approximately 844m.
Central Bedfordshire Council	Access Road serving Rookery North and South Pits including footpath(s)	Purpose of the Prohibition/Restriction: Temporary closure(s) of part of the street and partial restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Prohibition/Restriction: From the points marked J to K on the rights of way, streets and access plan being approximately 132m.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 5, 6 and 7.
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Prohibition/Restriction: From the points marked L to M on the rights of way, streets and access plan being approximately 100m
Central Bedfordshire Council	Established agricultural access tracks between South Pillinge Farm and Rookery South Pit	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 5, 6 and 7.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked N to O on the rights of way, streets and access plan being approximately 10m
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked O to P on the rights of way, streets and access plan being approximately 30m.
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 65	Prohibition/Restriction: From the points marked P to Q on the rights of way, streets and access plan being approximately 10m.
Central Bedfordshire Council	Public Footpath 65	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Layby on Station Road	Prohibition/Restriction: From the points marked R to S on the rights of way, streets and access plan being approximately 25m.
Central Bedfordshire Council	Layby on Station Road	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction and then removal of numbered work 7.
Central Bedfordshire Council	Station Lane	Prohibition/Restriction: From the points marked T to U on the rights of way, streets and access plan being approximately 195m.
Central Bedfordshire Council	Station Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction of the use of the street (including the use of traffic management measures) in order to facilitate the construction and then removal of numbered work 7.
Central Bedfordshire Council	Public Footpath 7 and low level restoration scheme secondary access track	Prohibition/Restriction: From the points marked V to W on the rights of way, streets and access plan being approximately 20 m
Central Bedfordshire Council	Public Footpath 7 and low level restoration scheme secondary access track	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and public footpath and restriction of the use of the street and public footpath in order to facilitate the construction and then removal of numbered work 7 and the construction of numbered work 6.
Central Bedfordshire Council	Public Footpath 14	Prohibition/Restriction: From the points marked X to Y on the rights of way, streets and access plan being approximately 168m.
Central Bedfordshire Council	Public Footpath 14	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction and then removal of numbered work 7 and the construction of numbered work 6.
Central Bedfordshire Council	low level restoration scheme secondary access track	Prohibition/Restriction: From the points marked BB to DD on the rights of way, streets and access plan being approximately 260m.
Central Bedfordshire Council	low level restoration scheme secondary access track	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the track and restriction of the use of the track (including the use of traffic management measures) in order to facilitate the construction of the authorised development.
Central Bedfordshire Council	Established agricultural access track adjacent to plantation leading from Station Lane	Prohibition/Restriction: From the points marked EE to FF on the rights of way, streets and access plan being approximately 140m.
Central Bedfordshire Council	Established agricultural access track adjacent to plantation leading from Station Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered works 6 and 7.
Central Bedfordshire Council	Houghton Lane	Prohibition/Restriction: From the points marked GG to HH on the rights of way, streets and access plan being approximately 30m.
Central Bedfordshire Council	Houghton Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked II to JJ on the rights of way, streets and access plan being approximately 32m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked JJ to KK on the rights of way, streets and access plan being approximately 35m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Public Footpath 7	Prohibition/Restriction: From the points marked KK to LL on the rights of way, streets and access plan being approximately 12m.
Central Bedfordshire Council	Public Footpath 7	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the public footpath and restriction of the use of the public footpath in order to facilitate the construction of numbered work 4A.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Prohibition/Restriction: From the points marked MM to NN on the rights of way, streets and access plan being approximately 155m.
Central Bedfordshire Council	Access track leading from Houghton Lane to Park Farm	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street in order to facilitate the construction of numbered work 3 and numbered work 4.
Central Bedfordshire Council	Houghton Lane	Prohibition/Restriction: From the points marked OO to PP on the rights of way, streets and access plan being approximately 25m.
Central Bedfordshire Council	Houghton Lane	Purpose of the Prohibition/Restriction: Temporary closure(s) of all or part of the street and restriction on the use of the street (including the use of traffic management measures) in order to facilitate the construction of numbered work 3.

SCHEDULE 7 — STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
Central Bedfordshire Council	low level restoration scheme secondary access track	From the points marked Z to AA on the rights of way, streets and access plan being approximately 110m.	Commencing at point Z and finishing at point AA using a route within the area marked with orange hatching on the rights of way, streets and access plan.

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation to the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 5(3)—

• (a) for the words “land is acquired or taken” there are substituted the words “ a right or restrictive covenant over land is purchased from or imposed on ”; and

• (b) for the words “acquired or taken from him” there are substituted the words “ over which the right is exercisable or the restrictive covenant enforceable ”.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2) .

• (2) For section 5A (5A) (relevant valuation date) of the 1961 Act, for (a) and (b) substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 8 to the Millbrook Gas Fired Generating Station Order 2019; and (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 to the Millbrook Gas Fired Generating Station Order 2019 to acquire an interest in the land, and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the acquisition of land under article 18 (compulsory acquisition of land etc.), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 21 (compulsory acquisition of rights)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

• (3) For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 18 (compulsory acquisition of land), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on a specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(3) (modification of Part 1 of the Compulsory Purchase Act 1965) is also modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For schedule 2A to the 1965 Act substitute—