Infrastructure Planning PART 1 Preliminary Citation and commencement 1 This Order may be cited as the Slough Multifuel Extension Order 2023 and comes into force on 20th December 2023. Interpretation 2 1 In this Order— “ the 1990 Act ” means the Town and Country Planning Act 1990 ; “ the 2008 Act ” means the Planning Act 2008 ; “ address ” includes any number or address for the purposes of electronic transmission; “ application ” means the application made under section 37 of the 2008 Act for an order granting development consent for the authorised development; “ approved generating station plans ” means the plans named as the (i) East Elevation of Consented Development and Proposed Project and (ii) Plan and East Elevation of Consented Development and Project certified as the approved generating station plans by the Secretary of State for purposes of this Order and submitted with the application; “ approved variation ” means any variations to the TCPA permission conditions or further TCPA permission conditions referred to in requirements 3, 4, 5, 6 and 7 granted by the relevant planning authority pursuant to section 73 or section 96A of the 1990 Act and in accordance with requirements 8 and 9; “ authorised development ” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act; “ building ” includes any structure or erection or any part of a building, structure or erection; “ commence ” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (when development begins), forming part, or carried out for the purposes, of the authorised development; “ construction environmental management plan ” means the document certified as the construction environmental management plan by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto; “ environmental statement ” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto; “ existing generating station ” means the generating station within the Order limits comprised of development authorised by planning permission issued pursuant to the 1990 Act including the TCPA permission and further TCPA permission; “ extended generating station ” means a generating station within the Order limits which includes— the extension of a generating station comprised of the authorised development; and the existing generating station; “ further TCPA permission ” means planning permission granted by Slough Borough Council with reference P/00987/025 dated 2 June 2017, and any approved variations thereto; “ land ownership and interests schedule ” means the document certified as the land ownership and interests schedule by the Secretary of State for the purposes of this Order and submitted with the application including all appendices thereto; “ land plan ” means the plan certified as the land plan by the Secretary of State for the purposes of this Order; “ maintain ” in relation to any part of the authorised development includes inspect, upkeep, repair, adjust, alter, remove, improve, refurbish, reconstruct and replace provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “ maintain ” is to be construed accordingly; “ Order limits ” means the limits shown on the works plan within which the authorised development may be carried out; “ relevant planning authority ” means Slough Borough Council; “ requirement consultee ” means any body or authority named in a TCPA permission condition referred to in the requirements in Schedule 2 as a body to be consulted by the relevant planning authority in discharging the TCPA permission condition; “ requirements ” means, or a reference to a numbered requirement is to, those matters set out in Schedule 2 (requirements) to this Order; “ TCPA permission ” means planning permission granted by Slough Borough Council with reference P/00987/051 dated 1 February 2022, and any approved variations thereto; “ undertaker ” means SSE Slough Multifuel Limited (company number 11271136) or any person who has the benefit of this Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order); “ works plan ” means the plan certified as the works plan by the Secretary of State for the purposes of this Order. 2 All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work. 3 Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order and shown on the works plan. 4 The expression “ includes ” is to be construed without limitation unless the contrary intention appears. 5 References in this Order to any statutory body includes that body’s successor bodies as from time to time have jurisdiction over the authorised development. PART 2 Principal powers Development consent etc. granted by the Order 3 Subject to the provisions for this Order and to the requirements in Schedule 2 the undertaker is granted development consent for the authorised development to be carried out within the Order limits. Authorisation of the operation of the extended generating station 4 1 Subject to the provisions of this Order and the requirements in Schedule 2 the undertaker is authorised to operate the extended generating station. 2 Paragraph (1) does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of the extended generating station. Power to maintain the authorised development 5 The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise. Benefit of the Order 6 Subject to article 7 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker. Consent to transfer benefit of the Order 7 1 Except where paragraph (4) applies, the undertaker may with the written consent of the Secretary of State— a transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or b grant to another person (“ the lessee ”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed between the undertaker and the lessee. 2 Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or lessee. 3 Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (1)— a the benefit transferred or granted (“the transferred benefit”) includes any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates; b the transferred benefit resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker; and c the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. 4 The consent of the Secretary of State is not required where the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989 . 5 Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must provide written notification to the Secretary of State and the relevant planning authority at least 14 days prior to transferring or granting any benefit pursuant to this article. 6 A notice required under paragraph (5) must— a state— i the name and contact details of the person to whom the benefit of the provisions will be transferred or granted; ii the date on which the transfer will take effect; iii the provisions to be transferred or granted; and iv the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and b be accompanied by a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted. Planning permission 8 1 If planning permission is issued pursuant to the 1990 Act for development any part of which is within the Order limits following the publication of this Order that is— a not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; and b required to complete or enable the construction, use or operation of any part of the development authorised by this Order or of the extended generating station, then the carrying out, use, operation or decommissioning of such development pursuant to the terms of the planning permission is not to constitute a breach of the terms of this Order. 2 Anything done by the undertaker in accordance with this Order does not constitute a breach of any planning permission issued pursuant to the 1990 Act. PART 3 Miscellaneous and general Certification of plans and documents, etc. 9 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of— a the land ownership and interests schedule; b the land plan; c the works plan; d the environmental statement; e the approved generating station plans named as follows— i East Elevation of Consented Development and Proposed Project; and ii Plan and East Elevation of Consented Development and Project; f the TCPA permission granted by Slough Borough Council with reference P/00987/051 dated 1 February 2022; g the further TCPA permission granted by Slough Borough Council with reference P/00987/025 dated 2 June 2017; and h the construction environmental management plan, for certification that they are true copies of the documents referred to in this Order. 2 Where the construction environmental management plan, TCPA permission or the further TCPA permission are amended, the undertaker must submit a copy of that amended plan or document, as soon as practicable after the approval of the amendment, to the Secretary of State to be certified under paragraph (1). 3 A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. 4 Where a plan or document certified under paragraph (1)— a refers to a provision of this Order (including any specified requirement) when it was in draft form; and b identifies that provision by number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order as made, the reference in the plan or document concerned must be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made. Arbitration 10 1 Any difference under any provision of this Order, unless otherwise provided for in this Order or unless otherwise agreed in writing between the parties, shall be referred to and settled in arbitration by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. 2 For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration. Service of notices 11 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise— a in the case of the secretary of clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at that time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person by name or by the description of “owner”, or as the case may be “occupier” of the land (describing it); and b either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d in a form sufficiently permanent to be used for subsequent reference. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8). 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. Procedure in relation to discharge of requirements 12 Schedule 3 (discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements. Signed by authority of the Secretary of State for Energy Security and Net Zero David Wagstaff Deputy Director Energy Infrastructure Planning Department for Energy Security and Net Zero 28th November 2023