The Sizewell C (Nuclear Generating Station) Order 2022

• (d) the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultee (if applicable);

• (e) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (f) the discharging authority and the requirement consultee (if applicable) must submit any written representations in respect of the appeal to the appointed person in respect of the appeal within 20 working days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (e) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (g) the appeal parties may make any counter-submissions to the appointed person within 20 working days beginning with the first working day immediately following the date of receipt of written representations pursuant to sub-paragraph (f); and

• (h) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (3) If the appointed person considers that further information is necessary to enable the appointed person to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.

• (5) Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 working days of the date mentioned in sub-paragraph (3).

• (6) On an appeal under this paragraph 4, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.

• (8) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Schedule 2 as if it had been given by the discharging authority.

• (11) The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) will not affect or invalidate the effect of the appointed person’s determination.

• (12) Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it must be made, the appointed person must have regard to the Planning Practice Guidance: appeals (March 2014)or any circular or guidance which may from time to time replace it.

• (14) The appeal procedure set out in this paragraph 4 does not apply to requirement 6 (Project wide: emergency planning).

• (15) Any matter for which the consent or approval of the Marine Management Organisation is required shall not be subject to the appeals procedure in this Schedule.

Definitions

5

In this Schedule—

• “appeal parties” means the discharging authority, the requirement consultee and the undertaker; and

• “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging the requirement.

SCHEDULE 25 — Miscellaneous Controls

Introduction

1

This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2

Section 141 of the 1980 Act (Restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.

Community Infrastructure Levy Regulations 2010

3

Notwithstanding the provisions of section 208 of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010[^f00045] any building comprised in the authorised development is deemed to be—

• (a) a building into which people do not normally go; or

• (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Town and Country Planning Act 1990

4

• (1) Section 57(2) of the 1990 Act (Planning permission required for development) will apply to specific associated development works as if the development consent granted for those works under this Order were a planning permission granted for a limited period.

• (2) Section 239 of the 1990 Act (Burial grounds) will apply—

• (a) In relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit the construction, operation and maintenance by the undertaker in accordance with the provisions of this Order; and

• (b) In relation to a right over land so acquired for the purposes of the authorised development (whether or not by agreement), or the temporary use of land pursuant to articles 39 (temporary use of land for carrying out authorised development) and 41 (temporary use of land for maintaining authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised.

Local Government (Miscellaneous Provisions) Act 1976

5

Section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided)[^f00046] will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.

Signed

Fiona Mettam — Director, Energy Development and Resilience — Department for Business, Energy and Industrial Strategy — 20th July 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises NNB Generation Company (SZC) Limited (referred to in this Order as the undertaker) to construct, operate and maintain a nuclear powered generating station at Sizewell, Suffolk, to be known as Sizewell C and comprising two nuclear reactors, as well as associated development. The Order imposes requirements in connection with the nuclear power station and the associated development, together the authorised development.

The Order permits the undertaker to acquire or create and acquire, compulsorily or by agreement, rights in land, and to use land for this purpose.

A copy of the plans, documents and Book of Reference referred to in this Order and certified in accordance with article 82 (certification of plans, etc) of this Order may be inspected free of charge at Sizewell C Information Office, 48-50 High Street, Leiston IP16 4EW.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by section 173(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20). Parts 1 to 7 were amended by Chapter 6 of, and Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: S.I. 2017/572.

[^f00005]: 1847 c. 27.

[^f00006]: 1961 c. 33.

[^f00007]: 1965 c. 56.

[^f00008]: 1980 c. 66.

[^f00009]: 1981 c. 66.

[^f00010]: 1984 c. 27.

[^f00011]: 1990 c. 8.

[^f00012]: 1991 c. 22.

[^f00013]: 2008 c. 29.

[^f00014]: 2009 c. 23.

[^f00015]: S.I. 2015/596.

[^f00016]: 1981. c. 67. The definition of “owner” in section 7 was amended by the Planning and Compensation Act 1991 (c. 34).

[^f00017]: 2003 c. 21.

[^f00018]: 1990 c. 43. Section 79(1)(fb) was inserted by section 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16). There are amendments to this Act which are not relevant to this Order.

[^f00019]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43), and paragraph 1 of Schedule 24 to the Environment Act 1995 c. 25. Section 61(2) was amended by section 133 of and Schedule 7 to the Building Act 1984 (c. 55). There are other amendments to the 1974 Act which are not relevant to the Order.

[^f00020]: 1984 c. 27 . Section 32 was amended by sections 1, 2 and 8(1) and paragraph 4(6)(d) of Schedule 5 to the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^f00021]: 2004 c. 18. Schedule 7 was amended by S.I. 2013/362 and S.I. 2018/488. There are other amendments made to the Traffic Management Act 2004 which are not relevant to this Order.

[^f00022]: 1991 c. 56. Section 106 was amended by section 35(8)(a) and 43(2) and paragraph 1 of Schedule 2 of the Compensation and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29). There are other amendments to this section which are not relevant to this Order.

[^f00023]: 1991 c. 57.

[^f00024]: S.I. 2016/1154.

[^f00025]: As amended by sections 62(3) and 139(4)-(9) of, paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 223 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00026]: As amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00027]: 1981 c. 66. Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00028]: 1981 c. 66. Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00029]: 1981 c. 66. Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00030]: 1981 c. 66. Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00031]: As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00032]: 1965 c. 56. Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00033]: 1965 c. 56. Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00034]: 1981 c. 66. Section 4 was amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00035]: 2008 c. 29. Section 152 was amended by S.I. 2009/1307.

[^f00036]: 2003 c. 21. There are amendments to this Act which are not relevant to this Order.

[^f00037]: 1987 c. 21.

[^f00038]: 1964 c. 40.

[^f00039]: 1857 c. 81.

[^f00040]: S.I. 1997/1160, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37) S.I. 2003/2155, S.I. 2006/1177, S.I. 2009/1307, S.I. 2013/755 and S.I. 2015/377.

[^f00041]: 1978 c. 30. There are amendments to this Act which are not relevant to this Order.

[^f00042]: 1973 c. 26.

[^f00043]: 1989 c. 29. The definition of “electric plant” was amended by paragraph 38(3) of Part II of Schedule 6 to the Utilities Act 2000 (c. 27). The definition of “licence holder” was amended by section 13 of the Utilities Act 2000 (c. 27). There are other amendments to the Electricity Act 1989 which are not relevant to this Order.

[^f00044]: 1986 c. 44.

[^f00045]: S.I. 2010/948. Regulation 6 was amended by S.I. 2011/987.

[^f00046]: 1976 c. 57.