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Hinkley Point C Consent Order Application Development Hinkley Point C Consent Order Application Compulsory Purchase Information Doc Ref 6.1 October 2011 Statement of Reasons Any plans, drawings and materials submitted by EDF Energy as part of the Application to the Infrastructure Planning Commission are protected by copyright. You may only use this material (including taking copies of it) in order to (1) inspect those plans, drawings and materials at a more convenient time or place; or (2) to facilitate the exercise of a right to participate in the pre-examination or examination stages of the Application which is available under the Planning Act 2008 and related regulations. Further copies must not be taken without the prior permission of EDF Energy. edfenergy.com EDF Energy Ltd 40 Grosvenor Place London SW1X 7EN. Registered in England & Wales. Company registration number 2366852. © Copyright EDF Energy All rights reserved 2011. The official emblems of the London 2012 Games are © 2007 The London Organising Committee of the Olympic Games and Paralympic Games Ltd. All rights reserved. Statement of Reasons (Document 6.1) Regulation 5(2)(h) NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED CONTENTS 1. INTRODUCTION.............................................................................................................3 1.1 The Application................................................................................................................3 1.2 The Purpose of the Statement of Reasons......................................................................3 1.3 The Structure of the Statement of Reasons ....................................................................4 2. DESCRIPTION OF THE ORDER LANDS .......................................................................5 2.1 Overview .........................................................................................................................5 2.2 The HPC Development Site ............................................................................................6 2.3 Associated Development Sites........................................................................................7 2.4 Highway Improvements .................................................................................................11 2.5 Special Considerations Affecting the Order Lands ........................................................12 3. PURPOSE IN SEEKING TO ACQUIRE THE LAND......................................................15 3.1 The Enabling Power ......................................................................................................15 3.2 Purpose for which the Order Land is Required..............................................................15 4. NPS SUPPORT FOR THE DEVELOPMENT OF HINKLEY POINT C ..........................17 5. PROPOSALS FOR THE USE AND DEVELOPMENT OF THE ORDER LAND 21 5.1 Introduction....................................................................................................................21 5.2 Summary of Project Strategy and Site Selection Process .............................................22 5.3 Summary of Proposed Development.............................................................................32 6. JUSTIFICATION FOR THE USE OF POWERS OF COMPULSORY PURCHASE ...............................................................................................................................41 6.1 Introduction....................................................................................................................41 6.2 The Extent of the Order Land ........................................................................................41 6.3 The Compelling Case in the Public Interest...................................................................41 6.4 Attempts to Acquire the Order Land by Agreement.......................................................43 6.5 The European Convention on Human Rights ................................................................43 6.6 Application.....................................................................................................................44 6.7 Conclusion.....................................................................................................................45 7. OTHER PRIOR CONSENTS AND PROCEDURES ......................................................47 7.2 Protected Species Licences ..........................................................................................47 7.3 Environmental Permits ..................................................................................................47 8. ACQUISITION STRATEGY...........................................................................................51 8.1 Introduction....................................................................................................................51 8.2 Hinkley Point C Development Site.................................................................................51 8.3 Bridgwater Sites ............................................................................................................52 8.4 Cannington Park and Ride ............................................................................................52 8.5 Cannington Bypass .......................................................................................................52 Statement of Reasons | October 2011 1 NOT PROTECTIVELY MARKED 8.6 Combwich......................................................................................................................52 8.7 Junction 23 ....................................................................................................................52 8.8 Junction 24 ....................................................................................................................53 8.9 Williton...........................................................................................................................53 8.10 Highway Improvements .................................................................................................53 9. FURTHER INFORMATION ...........................................................................................55 9.1 Funding .........................................................................................................................55 9.2 Negotiation of Sale ........................................................................................................55 9.3 Compensation ...............................................................................................................55 9.4 List of Documents..........................................................................................................55 References.................................................................................................................................56 FIGURES Figure 2.1: HPC Development and Associated Development Site Locations ..............................6 APPENDICES Appendix A1: Site Selection, Planning Justification and Nature of Interests Required 2 Statement of Reasons | October 2011 NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED 1. INTRODUCTION 1.1 The Application 1.1.1 This Statement of Reasons forms part of an application (“Application”) by NNB Generation Company Limited (“EDF Energy”) to the Infrastructure Planning Commission (“IPC”) under the Planning Act 2008 (“Act”) for powers to construct and operate a nuclear power station at Hinkley Point in West Somerset (“Hinkley Point C”) and associated development in the vicinity, necessary to facilitate the construction and use of the power station. The elements of the scheme being applied for as part of the Application are set out in more detail in Section 5 of this document, and are together referred to as the “Project”. 1.1.2 EDF Energy is seeking to assemble in its ownership the land and associated rights over land included in the draft development consent order (“DCO”). This land is required for the Project and is referred to in this statement as the “Order Land”. 1.1.3 Section 122(2) of the Act provides that a DCO may include provisions authorising compulsory acquisition of land if the land: is required for the development to which the development consent relates; is required to facilitate or is incidental to that development; or is replacement land which is to be given in exchange for the order land under Section 131 or s132 of the Act (open spaces, common land etc). 1.1.4 The Application includes a request for the IPC to grant powers of compulsory acquisition pursuant to s122(2)(a) and s122(2)(b) of the Act. 1.2 The Purpose of the Statement of Reasons 1.2.1 As part of the Application, EDF Energy is required to submit to the IPC a Statement of Reasons prepared in accordance with the requirements of Regulation 5(2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“APFP Regulations”). 1.2.2 This Statement of Reasons explains why the powers of compulsory acquisition sought in the draft DCO are necessary in order to implement the Project, and why there is a compelling case in the public interest to grant those powers. 1.2.3 The Department for Communities and Local Government Guidance, Planning Act 2008: Guidance Related to Procedures for Compulsory Acquisition (“the CPO Guidance”) provides advice on the content of the Statement of Reasons. This Statement of Reasons has been drafted to reflect that advice. 1.2.4 A substantial amount of information about baseline conditions,
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