Development Hinkley Point C Consent Order Application Draft Development Consent Order Doc Ref 5.3 October 2011 Explanatory Memorandum 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. Document 5.3 Herbert Smith LLP THE PLANNING ACT 2008 THE INFRASTRUCTURE PLANNING (APPLICATIONS: PRESCRIBED FORMS AND PROCEDURE) REGULATIONS 2009 REGULATION 5(2)(c) THE PROPOSED HINKLEY POINT C (NUCLEAR GENERATING STATION) ORDER EXPLANATORY MEMORANDUM 1. INTRODUCTION 1.1 This explanatory memorandum accompanies an application for development consent for a nuclear generating station and associated development (the "Application") by NNB Generation Company Limited (the "undertaker"). The memorandum explains the purpose and effect of each article of, and Schedule to, the draft Hinkley Point C (Nuclear Generating Station) Order (the "Order"), as required by Regulation 5(2)(c) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091. 1.2 The Order is based on the model provisions contained in the Infrastructure Planning (Model Provisions) (England and Wales) Order 20092 (the "Model Provisions") but in certain instances departs from them. Where there is such a departure from the Model Provisions an explanation of the new provision is provided and any relevant precedents are identified. 1.3 The Order is drafted in two Parts. Part 1 authorises all development and ancillary powers required for the project, save for the development of a temporary jetty, conveyor-belt and pipeline (“temporary jetty works”). Part 2 includes provisions relating solely to the authorisation of the temporary jetty works and ancillary powers related to those works. The undertaker is currently seeking consent for the temporary jetty works via applications for a Harbour Empowerment Order (“HEO”) and related Transport and Works Act Order (“TWAO”). In the event that the HEO and TWAO are granted and safe from legal challenge, the undertaker will withdraw its request for the IPC to grant Part 2 of the Order and will remove the description of the temporary jetty works set out in Schedule 1 Part 1A of the Order. The undertaker will, however, continue to seek power to close the temporary jetty via the Order if this power is not granted in the HEO. 1 S.I. 2009/2264 2 S.I. 2009/2265 Lo/34899769_2 1 1.4 The drafting of Part 1 is based on Schedule 1 of the Model Provisions (“General Model Provisions”). 1.5 The drafting of Part 2 is based on Schedule 3 of the Model Provisions (“Harbour Model Provisions”). 1.6 The Order does not include articles which are not relevant to the proposed development. However, for ease of reference, the articles in Part 1 of the Order are given the same numbering as the corresponding articles in the General Model Provisions. Articles in Part 2 follow the same order as the articles in the Harbour Model Provisions, save that the numbering commences at Article 44 (following on from the numbering of Part 1). 1.7 Where a particular Model Provision is not used in the Order, it is stated as "not used". Where articles have been added which do not feature in the Model Provisions, these are numbered as "A" or "B" (e.g., article 2A) in order to preserve the numbering scheme of the Model Provisions. 1.8 Prior to the granting of an Order, it is intended that all “not used” articles would be removed and the remaining articles would be numbered to run sequentially in the usual manner. 1.9 In addition to the Order itself, a Mark-up of the Proposed Order Against the Model Provisions is included as part of the Application. 2. THE PURPOSE OF THE ORDER 2.1 Pursuant to section 14(1)(a) and 15(2) of the Planning Act 20083 ("2008 Act") an onshore generating station in England and Wales with a capacity of more than 50MW is a nationally significant infrastructure project ("NSIP"). 2.2 Section 31 of the 2008 Act provides that development consent is required to the extent that development is or forms part of an NSIP. 2.3 As the proposed nuclear generating station is an onshore electricity generating station to be located wholly within England and has a capacity of 3,260MW, it is an NSIP for the purposes of the 2008 Act and must be authorised by the Infrastructure Planning Commission (the “Commission”) to which the undertaker is making its Application. Hinkley Point C Development Site 2.4 The Order would authorise the following development on the main development site (“Hinkley Point C Development Site”) :- 2.5 a proposed nuclear generating station, having two nuclear reactors and capable of generating a total of up to 3,260MW of electricity, including: • two UK European Pressurised Water Reactors (UK EPRs) consisting of reactor buildings, fuel buildings, nuclear auxiliary buildings, and diesel generator buildings; • turbine halls; 3 c.29 Lo/34899769_2 2 • operational service centre; and • intermediate level waste and spent fuel stores. 2.5 other supporting buildings and infrastructure, including: • offices, workshops, storage, staff support facilities and transport infrastructure; • public information centre for visitors; • cooling water tunnels and associated infrastructure; • sea wall incorporating the existing coastal footpath; • new electricity sub-station and overhead power lines within the site; • emergency access route to the south connecting into Stogursey Lane; • car parking for operational staff, visitors and for planned maintenance periods; and 2.6 temporary facilities including construction areas and facilities including a temporary jetty for bulk aggregate delivery and an accommodation campus (see “Associated Development” below), spoil disposal areas and landscape modelling and integration. Associated Development 2.7 Pursuant to section 115(2) of the 2008 Act, development consent may also be granted for associated development. This is defined as development associated with the NSIP, having regard to guidance on associated development issued by the Secretary of State for Communities and Local Government 4 (the "Guidance"). The Guidance requires that associated development “should not be an aim in itself but should be subordinate to and necessary for the development and effective operation to its design capacity of the NSIP5 that is the subject of the application". In particular, the Guidance states that associated development may include “measures necessary to mitigate the impacts of the primary development.” 2.8 The Order seeks consent for the following development, which is referred to as "associated development" and the "associated development sites" throughout the Application documentation: • an accommodation campus and associated leisure facilities for construction workers on the Hinkley Point C Development Site; • two off-site accommodation campuses and associated facilities for construction workers in Bridgwater; • a park and ride facility at Williton; • a park and ride facility at Cannington; 4 Guidance on associated development: Applications to the Infrastructure Planning Commission (Department for Communities and Local Government) (September 2009). 5 Emphasis in bold is taken from the original. Lo/34899769_2 3 • a bypass around the west of Cannington; • a refurbished and extended wharf at Combwich, and the provision of a freight logistics/storage facility to the south-east of Combwich; • a park and ride facility, freight logistics facility, courier consolidation facilities and an induction centre at Junction 23 of the M5 motorway; and • a park and ride facility, freight management facility at Junction 24 of the M5 motorway. 2.9 The undertaker recognises that some of the development proposed on the Hinkley Point C Development Site is likely to constitute associated development within the meaning of section 115(2) of the Act, rather than part of the NSIP itself (the temporary jetty and the public information centre, for example). However, in some cases the distinction is less clear (the sea wall, offices and workshops, for example). In any event, the undertaker is confident that all elements of the proposed development either constitute part of the NSIP or are "associated development" within the meaning of section 115(2). However, this is ultimately a matter for the Commission. 2.10 The Order also seeks consent for highway works at the following locations, all of which the undertaker considers would constitute associated development: • A38 Bristol Road/The Drove Junction; • A39 Broadway/A38 Taunton Road Junction; • A38 Bristol Road/Wylds Road Junction; • Wylds Road/The Drove Junction; • A39 New Road/B3339 Sandford Hill Roundabout; • Junction 23 Roundabout; • Washford Cross Roundabout; • Claylands Corner Junction; • C182 Farringdon Hill Lane, Horse Crossing; • Cannington Traffic Calming Measures; and • Huntworth Roundabout. Ancillary powers 2.11 The Order seeks a number of powers ancillary to the above development. 2.12 The Order seeks powers to acquire land and rights compulsorily or by agreement in accordance with sections 120(4) and 122 of, and Schedule 5 to, the 2008 Act. A justification for these powers is set out in full in the Statement of Reasons that accompanies the Application. Lo/34899769_2 4 2.13 The Order seeks to apply and modify statutory provisions in relation to the compulsory acquisition of land.