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The Swansea Bay Tidal Generating Station Orderￂﾠ2015

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The Swansea Bay Tidal Generating Station Orderￂﾠ2015 STATUTORY INSTRUMENTS 2015 No. 1386 INFRASTRUCTURE PLANNING The Swansea Bay Tidal Generating Station Order 2015 Made - - - - 9th June 2015 Coming into force - - 30th June 2015 CONTENTS PART 1 Preliminary 1. Citation and commencement 2. Interpretation PART 2 Principal powers 3. Development consent, etc. granted by Order 4. Maintenance of authorised development 5. Operation of generating station, etc. 6. Benefit of Order 7. Guarantees in respect of payment of compensation, etc. 8. Defence to proceedings in respect of statutory nuisance PART 3 Streets 9. Street works 10. Temporary stopping up of streets 11. Access to works 12. Agreements with street authorities PART 4 Supplemental powers 13. Discharge of water 14. Protective work to buildings 15. Authority to survey and investigate land PART 5 Tidal works 16. Application of Marine and Coastal Access Act 2009 17. Right to dredge 18. Abatement of tidal works abandoned or destroyed 19. Survey of tidal works 20. Lights on tidal works, etc. during construction 21. Provision against danger to navigation 22. Permanent lights on tidal works 23. Safety of navigation PART 6 Powers of acquisition 24. Compulsory acquisition of land 25. Power to override easements and other rights 26. Private rights of way 27. Time limit for exercise of authority to acquire land compulsorily 28. Compulsory acquisition of rights 29. Application of Compulsory Purchase (Vesting Declarations) Act 1981 30. Acquisition of subsoil only 31. Acquisition of part of certain properties 32. Rights under or over streets 33. Temporary use of land for carrying out authorised development 34. Temporary use of land for maintaining authorised development 35. Protection of Coal Authority 36. Protection of riverine fisheries 37. Special category land PART 7 Miscellaneous and general 38. Railway and navigation undertakings 39. Application of landlord and tenant law 40. Operational land for purposes of Town and Country Planning Act 1990 41. Felling or lopping of trees 42. Application of Energy Act 2004 in relation to decommissioning 43. Development consent obligation 44. Development consent obligation: enforcement 45. Ancient Monuments and Archaeological Areas Act 1979 46. Licences relating to water, etc. 47. Byelaws 48. Procedure in relation to certain approvals, etc. 49. Certification of plans, etc. 50. Arbitration 51. Saving for Trinity House 52. Protection of interests 53. Crown rights 2 54. Provisions for effect of Adaptive Environmental Management Plan SCHEDULE 1 — Authorised development, ancillary and necessary works and Requirements PART 1A — Authorised development PART 1B — Ancillary and necessary works PART 2 — Dimensions of structures PART 3 — Requirements SCHEDULE 2 — Streets subject to street works SCHEDULE 3 — Streets to be temporarily stopped up SCHEDULE 4 — Access to works SCHEDULE 5 — Modification of compensation and compulsory purchase enactments for creation of new rights SCHEDULE 6 — Land of which temporary possession may be taken SCHEDULE 7 — Documents to be certified SCHEDULE 8 PART 1 — For the protection of Associated British Ports PART 2 — For the protection of Neath Port Authority PART 3 — For the protection of National Grid Electricity Transmission Plc PART 4 — For the protection of Western Power Distribution (South Wales) Plc PART 5 — For the protection of SSE Energy Supply Limited, SWALEC and, Wales and West Utilities Limited PART 6 — For the protection of British Telecommunications Plc, Telefónica O2 UK Limited, and Virgin Media Limited PART 7 — For the protection of Dŵr Cymru Cyfyngedig PART 8 — For the protection of the City and County of Swansea Council An application under section 37 of the Planning Act 2008( a) (the “2008 Act”) has been made to the Secretary of State for an order granting development consent. The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act. The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009( b) and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act. The Secretary of State is satisfied that the special category land (as defined in article 37 of the Order), when burdened with the order rights (as defined in that article), will be no less advantageous than it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public, and that accordingly section 132(3) of the 2008 Act applies. (a) 2008 c. 29. (b) S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787. 3 The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications. Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114 and 120 of the 2008 Act, makes the following Order— PART 1 Preliminary Citation and commencement 1. This Order may be cited as the Swansea Bay Tidal Generating Station Order 2015 and comes into force on 30th June 2015. Interpretation 2. —(1) In this Order— “1961 Act” means the Land Compensation Act 1961( a); “1965 Act” means the Compulsory Purchase Act 1965( b); “1980 Act” means the Highways Act 1980( c); “1990 Act” means the Town and Country Planning Act 1990( d); “1991 Act” means the New Roads and Street Works Act 1991( e); “2004 Act” means the Energy Act 2004( f); “2008 Act” means the Planning Act 2008; “2009 Act” means the Marine and Coastal Access Act 2009( g); “AB Ports” means Associated British Ports(h) (company number ZC000195) being the harbour authority for the Ports of Swansea and Port Talbot; “access and public rights of way plans” means the plans certified by the Secretary of State as the access and public rights of way plans for the purposes of this Order; “authorised development” means the works set out in Parts 1A, 1B and 2 of Schedule 1 (authorised development, and ancillary and necessary works); “book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “commence” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, investigations for the purpose of assessing ground conditions, the diversion and laying of services, the erection of any temporary means of enclosure and the temporary display of site notices or advertisements; and “commencement” must be construed accordingly; (a) 1961 c. 33. (b) 1965 c. 56. (c) 1980 c. 66. (d) 1990 c. 8. (e) 1991 c. 22. (f) 2004 c. 20. (g) 2009 c. 23. (h) The registered office of Associated British Ports is Aldwych House, 71-91 Aldwych, London WC2B 4HN. 4 “compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act; “demolition plan” means the plans certified as the demolition plan by the Secretary of State for the purposes of this Order; “design and access statement” means the document with that title submitted with the application for this Order and certified as the design and access statement by the Secretary of State for the purposes of this Order; “environmental statement” means the environmental statement submitted with the application for this Order and certified as the environmental statement by the Secretary of State for the purposes of this Order; “harbour authority”, in relation to a harbour, means the harbour authority that has a statutory duty to manage, maintain or improve the harbour; “highway” and “highway authority” have the same meaning as in the 1980 Act; “kV” means kilovolts; “land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order; “limits of deviation” means the limits of deviation for the works comprised in the authorised development shown on the works plans; “local planning authority” has the same meaning as in the 1990 Act(a); “maintain” includes inspect, repair, refurbish, replace, adjust, alter and also includes (in respect of a constituent part of a work but not the whole of a work) remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve any part of the authorised development, but does not include any activity (other than an activity authorised by or under this Order) that is “EIA development” as defined in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(b); and “maintenance” must be construed accordingly; “MW” means megawatts; “Natural Resources Wales” means the Natural Resources Body for Wales; “Order land” means the land identified by plot numbers on the land plans that is within the Order limits and described in the book of reference; “Order limits” means the limits shown on the land and works plans within which the authorised development may be carried out; “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( c); “planning drawings” means the drawings certified by the Secretary of State as the planning drawings for the purposes of this Order; “relevant planning authority” means the City and County of Swansea
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