Legalize / United Kingdom / Statutory-Instrument

The Millbrook Gas Fired Generating Station Order 2019

Type Statutory-Instrument

Publication 2019-03-13

Last updated 2020-04-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 1

Reform history JSON API

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;

(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 electrical infrastructure between Work No. 1 and Work No. 6 including—

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

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

Work No. 6 development comprising an electrical substation at transmission tower ZA378 and works to construct a 400kV electrical connection between transmission tower ZA378 and Work No. 5 and mitigation works for Works Nos. 1, 3, 6, and 7—

(a) 400kV electricity substation including site office and welfare accommodation, emergency auxiliary supplies and downleads to connect to existing tower ZA378;

(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) permanent means of access taking the form of an agricultural hard-core track not more than 6 m wide;

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

(g) site drainage and waste management infrastructure, including the diversion of a watercourse;

(h) electricity and telecommunications connections and other services;

(i) internal roadways, car parking, pedestrian network and hardstanding for planning maintenance; and

(j) construction laydown area(s) including areas of hardstanding and site and welfare offices and workshops,

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

(a) alterations of cross-arms on tower ZA378 to accommodate downleads to new substation;

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

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

(e) 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.

Compensation enactments

Application of Part 1 of the 1965 Act

Editorial notes

2008 c.29: The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27). Transitional provisions are contained in S.I. 2013/1124.

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

2008 c.29. Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of Part 20 of section 25(20) to the Localism Act 2011 (c.20).

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that instrument.

2008( c.29), Section 127 was amended by sections 23, (2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraphs 64(1) and (2) of Schedule 13(1) and paragraph 1 of Schedule 25 to the Localism Act 2011 (c.20).

c.67.

S.I. 2013/680.

1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), and section 6(10) amended by section 89(3) of the Energy Act 2004 (c.20). There are other amendments to this section that are not relevant to this Order.

1986 c.44. Section 7 was amended by section 5 of the Gas Act 1995 (c.45) and section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to the section that are not relevant to this Order.

2004 c.18. There are amendments to this Act not relevant to this Order.

1991 c.56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c.43) and sections 99(2), (4), (5)(a), (5)(b),(5)(c) and 36(2) of the Water Act 2003 (c.37).

S.I. 2016/1154.

1964 c.40. Paragraph 9B was inserted into Schedule 2 paragraph 9 of Schedule 3 of by the Transport and Works Act 1992 (c.42). There are other amendments to the 1964 Act that are not relevant to this Order.

1991 c.57.

1981 c. 66.

Section 8 was amended by section 199 of and Schedule 17 to the Housing and Planning Act 2016 (c.22). Section 8 is modified by section 9 of and Schedule 3 (as amended by section 108 of the Utilities Act 2000 (c.27) to the Gas Act 1986 (c.44), section 151 of and Schedule 18 to the Water Act 1989 (c.15), section 10 of and Schedule 3 to the Electricity Act 1989 (c.29), Schedules 9 and 11 to the Water Industry Act 1991 (c.56) and Schedules 18 and 19 to the Water Resources Act 1991 (c.57). There were other amendments, and are other modifications, to that section that are not relevant to this Order.

Section 11(1) was amended by section 34 of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and sections 186 and 187 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22). There are other amendments to the section that are not relevant to this Order.

2017 c.20

2003 c. 21.

S.I. 1997/1160.

1990 c.43. There are amendments not relevant to this Order.

1974 c.40. Section 61 was amended by section 162 of and paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 (c.43). There are other amendments not relevant to this Order.

1978 c.30.

1973 c.26.

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016 (c. 22).

Section 12 was amended by section 56(2) of and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

1989 c.29.

1991 c.56. Section 51A to the 1991 Act was inserted by section 92(1) of the Water Act 2003(c.37) and amended by sections 10(2)(a), 10(2)(b) and 10(2)(c) of the Water Act 2014 (c.21).

1991 c.56. Section 102(4) was amended by sections 96(1)(a), 96(1)(b), 96(1)(c), 96(1)(d) and 96(1)(e) of the Water Act 2003 c.37 and paragraph 90 of Schedule 7 to the Water Act 2014 c.21.

1986 c.44. 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 (c.27), Section 48 was amended by paragraph 2(1) of Schedule 6 to the Utilities Act 2000(c.27).

2003 c.21.as amended by the Digital Economy Act 2017 (c.30)

added by Schedule 1 of the Digital Economy Act 2017 (c.30)

1989 c.29.

1991 c.56. Section 102(4) was amended by paragraph 90 of Schedule 7 to the Water Act 2014 (c.21) and section 96(1)(c) of the Water Act 2003 (c.37); Section 104 was amended by section 96(4)(a), (b), (c), (e) and (f), and paragraph 1 of Schedule 9(3) to the Water Act 2003 (c.37), section 42(3) of the Flood and Water Management Act 2010 and by sections 11(2)(a), 11(2)(b) and 11(2)(c) of the Water Act 2014 (c.21).

S.I. 2010/675

Art. 1 in force at 3.4.2019, see art. 1

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Sch. 1 in force at 3.4.2019, see art. 1

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Words in Sch. 1 omitted (9.4.2020) by virtue of The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 3(2)

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Words in Sch. 1 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 3(3)

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Words in Sch. 1 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 3(4)

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Words in Sch. 1 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 3(5)

285

Sch. 2 para. 2 Table 2 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 4(2), Sch. 1

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Sch. 3 Pt. 1 Table 3 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 5, Sch. 2

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Sch. 4 Table 5 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 6, Sch. 3

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Sch. 5 Pt. 2 Table 7 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 7, Sch. 4

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Sch. 6 Table 9 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 8, Sch. 5

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Sch. 14 Table 11 substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 9, Sch. 6

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Word in Sch. 2 para. 2(4) omitted (9.4.2020) by virtue of The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 4(3)

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Word in Sch. 2 para. 7(1) omitted (9.4.2020) by virtue of The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 4(4)

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Words in Sch. 2 para. 9(1) substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 4(5)

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Words in Sch. 2 para. 15(1) substituted (9.4.2020) by The Millbrook Gas Fired Generating Station (Amendment) Order 2020 (S.I. 2020/413), arts. 1, 4(6)

From the points marked A to B on the rights of way, streets and access plan being approximately 250m.

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