Infrastructure Planning PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the Port Talbot Steelworks Generating Station Order 2015 and comes into force on 30th December 2015. Interpretation 2 1 In this Order— “ 1961 Act ” means the Land Compensation Act 1961 ; “ 1965 Act ” means the Compulsory Purchase Act 1965 ; “ 1980 Act ” means the Highways Act 1980 ; “ 1990 Act ” means the Town and Country Planning Act 1990 ; “ 1991 Act ” means the New Roads and Street Works Act 1991 ; “2008 Act” means the Planning Act 2008; “apparatus” has the same meaning as in Part 3 of the 1991 Act ; “authorised development” means the development set out in Schedule 1 (authorised development); “book of reference” means the document certified by the Secretary of State under article 22 (certification of plans, etc. ) as the book of reference; “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 ; “design and access statement” means the document certified by the Secretary of State under article 22 as the design and access statement; “design principles document” means the document certified by the Secretary of State under article 22 as the design principles document; “environmental statement” means the document certified by the Secretary of State under article 22 as the environmental statement; “highway” has the same meaning as in the 1980 Act ; “highway authority” has the same meaning as in the 1980 Act ; “land plans” means the plans certified by the Secretary of State under article 22 as the land plans; “maintain” includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, 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” must be construed accordingly; “Order land” means the land required for or affected by the authorised development shown on the land plans and described in the book of reference; “Order limits” means the limits shown on the works plans; “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981 (interpretation) ; “relevant planning authority” means Neath Port Talbot County Borough Council as the planning authority for the area in which the authorised development is situated; “Requirement” means a Requirement set out in Schedule 2 (Requirements); and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of that Schedule with the same number; “street” means a street within the meaning of section 48 of the 1991 Act together with land on the verge of a street or between 2 carriageways and includes part of a street; “substation works” means the modifications to the Grange and Cefn Gwrgan substations comprising Work No. 2(b); “undertaker” means Tata Steel UK Limited (company number 2280000) or any other person who for the time being has the benefit of this Order in accordance with article 7 (consent to transfer benefit of Order); “watercourse” includes any river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain; “Work” means a Work set out in Schedule 1; and a reference to a Work designated by a number, or by a combination of letters and numbers (for example, “Work No. 1A”), is a reference to the Work so designated in that Schedule; “works plans” means the plans certified by the Secretary of State under article 22 as the works plans. 2 References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface. 3 All distances, directions and lengths referred to in this Order are approximate, and distances between points on a Work must be taken to be measured along that Work. 4 In this Order, “includes” must be construed without limitation. 5 References in this Order to any statutory body include that body’s successor bodies as from time to time have jurisdiction in relation to the authorised development. 6 All areas described in square metres in the book of reference are approximate. PART 2 PRINCIPAL POWERS Development consent granted by Order 3 1 Subject to the provisions of this Order and to the Requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits and in accordance with the works plans. 2 In constructing or maintaining a Work, the undertaker may deviate laterally from the lines or situations shown on the works plans within the limits of deviation relating to that Work and shown on those plans. 3 Schedule 2 (which contains the Requirements) has effect. Power to maintain authorised development 4 1 The undertaker may at any time maintain the authorised development within the Order limits, except to the extent that this Order or an agreement made under this Order provides otherwise. 2 In maintaining the authorised development, the undertaker may remove or replace any constituent part, but not the whole, of a Work. Operation of generating station 5 1 The undertaker is authorised to operate the generating station for which development consent is granted by this Order. 2 Paragraph (1) does not relieve the undertaker of any requirement to obtain a permit or licence under any legislation that may be required from time to time to authorise the operation of a generating station. Benefit of Order 6 Subject to article 7 , the provisions of this Order have effect solely for the benefit of the undertaker. Consent to transfer benefit of Order 7 1 The undertaker may with the 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 agreed between the undertaker and the lessee. 2 The requirement to obtain the consent of the Secretary of State under paragraph (1) does not apply to a transfer or grant to a licence holder within the meaning of Part 1 of the Electricity Act 1989 of the benefit of such provisions of this Order and related statutory rights as may be agreed between the undertaker and the licence holder as being reasonably necessary for the purposes of carrying out the substation works. 3 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under this article 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 making the transfer or grant. Defence to proceedings in respect of statutory nuisance 8 1 Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance— a relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and is attributable to the carrying out of the authorised development in accordance with the noise management plan approved by the relevant planning authority under Requirement 11 (approval and implementation of construction mitigation plans); b is a consequence of the construction or maintenance of the authorised development and cannot reasonably be avoided; c relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and is attributable to the use of the authorised development in accordance with a noise management scheme approved by the relevant planning authority under Requirement 14 (control of noise during operational phase); or d is a consequence of the use of the authorised development and cannot reasonably be avoided. 2 Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development. PART 3 STREETS Street works 9 1 In relation to any of the streets within the Order limits, the undertaker may, for the purposes of the authorised development,— a break up or open the street, or any sewer, drain or tunnel under it; b drill, tunnel or bore under the street; c place apparatus in the street; d maintain apparatus in the street or change its position; and e execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (d) . 2 The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1) . PART 4 SUPPLEMENTAL POWERS Discharge of water 10 1 The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) must be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers). 3 The undertaker must not discharge water into a watercourse or a public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 The undertaker must not make any opening into a public sewer or drain except— a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river other than in accordance with a consent granted by the Natural Resources Body for Wales. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or a public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 This article does not authorise a groundwater activity or a water discharge activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2010 . 8 In this article— a “public sewer or drain” means a sewer or drain that belongs to the Homes and Communities Agency, the Natural Resources Body for Wales, a harbour authority within the meaning of section 57 of the Harbours Act 1964 (interpretation), an internal drainage board, a local authority, a sewerage undertaker or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. Authority to survey and investigate land 11 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or that may be affected by the authorised development and— a survey or investigate the land; b without limiting sub-paragraph (a) , make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without limiting sub-paragraph (a) , carry out ecological or archaeological investigations on the land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and the making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required, before entering the land, produce written evidence of authority to do so; and b may take with him or her such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 No trial holes may be made under this article— a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation). PART 5 POWERS OF ACQUISITION Compulsory acquisition of rights 12 1 The undertaker may create and compulsorily acquire the new rights affecting the Order land described in Part 1 of the book of reference and shown on the land plans. 2 Subject to section 8 of the 1965 Act (provisions as to divided land), as substituted by paragraph 5 of Schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires a right over land under paragraph (1) , the undertaker is not required to acquire a greater interest in that land. 3 Schedule 3 has effect for the purpose of modifying the enactments referred to in that Schedule in their application to the compulsory acquisition under this Order of a right by the creation of a new right. Application of Compulsory Purchase (Vesting Declarations) Act 1981 13 1 The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order. 2 The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, has effect with the following modifications. 3 In section 3 (preliminary notices), omit subsection (1) and substitute— 1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice that is— a given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and b published in a local newspaper circulating in the area in which the land is situated. 4 In that section, in subsection (2)— a omit “(1)(b)” and substitute “(1)”; and b after “given” insert “and published”. 5 In that section, omit subsections (5) and (6) and substitute— 5 For the purposes of this section, a person has a relevant interest in land if— a the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or b the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds 1 month. 6 In section 5 (earliest date for execution of declaration)— a in subsection (1), after “publication” insert “in a local newspaper circulating in the area in which the land is situated”; and b omit subsection (2). 7 In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. 8 References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 must be construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of rights under this Order. Compulsory acquisition of land: minerals 14 1 Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981, except for paragraph 8(3) of that Schedule, are incorporated in this Order, subject to the modification set out in paragraph (2). 2 Omit “acquiring authority” wherever that expression occurs and substitute “undertaker” in each case. Time limit for exercise of authority to acquire rights compulsorily 15 After 7th December 2020— a no notice to treat may be served under Part 1 of the 1965 Act; and b no declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 13 (application of Compulsory Purchase (Vesting Declarations) Act 1981). Acquisition of subsoil or airspace only 16 1 The undertaker may acquire compulsorily such rights in the subsoil of or the airspace over the land referred to in article 12 (1) (compulsory acquisition of rights) as may be required for any purpose for which rights over that land may be acquired under that paragraph. 2 Where the undertaker acquires any rights in the subsoil of or the airspace over land under paragraph (1) , the undertaker is not required to acquire an interest in any other part of the land. Private rights 17 1 Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this Order are suspended and are unenforceable or, where so notified by the undertaker, extinguished insofar as in either case their continuance would be inconsistent with the exercise by the undertaker of the rights acquired— a as from the date of the acquisition of the rights by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry), whichever is earlier. 2 Subject to the provisions of this article, any private rights over the Order land owned by the undertaker are suspended and are unenforceable or, where so notified by the undertaker, extinguished insofar as in either case their continuance would be inconsistent with any activity authorised by this Order— a in the case of a suspension, as from the commencement of the activity authorised by this Order that interferes with such rights; and b in the case of an extinguishment, on the date specified in the notice given by the undertaker. 3 Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 4 This article does not apply to any right in relation to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 18 (statutory undertakers) applies. 5 Paragraph (1) has effect subject to any agreement made, insofar as it relates to the authorised development, at any time between the undertaker and the person in or to whom the right in question is vested, belongs or benefits. 6 If an agreement referred to in paragraph (5) — a is made with a person in or to whom the right is vested, belongs or benefits; and b is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 7 Reference in this article to private rights over land includes any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. Statutory undertakers 18 1 The undertaker may, subject to Schedule 4 (protective provisions), acquire compulsorily new rights over land belonging to, extinguish rights of, or remove or reposition apparatus belonging to, statutory undertakers over or within the Order land. 2 In this article, “statutory undertaker” means a person falling within section 127(8) of the 2008 Act. PART 6 MISCELLANEOUS AND GENERAL Application of landlord and tenant law 19 1 This article applies to— a an agreement for leasing to a person the whole or part of the authorised development or the right to operate it; and b an agreement entered into by the undertaker with a person for the construction, maintenance, use or operation of the authorised development or part of it, so far as the agreement relates to the terms on which land that is the subject of a lease granted by or under the agreement is to be provided for that person’s use. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of an agreement to which this article applies. 3 Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to a lease granted by or under an agreement to which this article applies so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on a party to the lease any right or obligation arising out of or connected with anything done or omitted on or in relation to land that is the subject of the lease, in addition to a right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by a party to the lease of an obligation of any other party under the lease. Operational land for purposes of 1990 Act 20 Development consent granted by this Order must be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land). Protective provisions 21 Schedule 4 (protective provisions) has effect. Certification of plans, etc. 22 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of— a the book of reference (document 4.03 Rev1, April 2015); b the design and access statement (document 10.03, July 2014); c the design principles document (document DPD1.01, April 2015); d the environmental statement (documents 6.01 to 6.04.7, July 2014); e the land plans (document 2.03, July 2014); and f the works plans (document 2.04, July 2014), for certification that they are true copies of the plans or documents referred to in this Order. 2 A plan or document so certified is admissible in proceedings as evidence of the contents of the document of which it is a copy. Service of notices 23 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 as it applies for the purposes of this article, the proper address of any person in relation to the service on the person of a notice or document under paragraph (1) is, if the person has given an address for service, that address, and otherwise— a in the case of the secretary or clerk of a body corporate, the registered or principal office of the body; and b in any other case, the last known address of the person at the 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 any interest in, or as the occupier of, land and the name or address of the person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to the 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 a 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 the notice or document is 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 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 electronic transmission given 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 the person must give notice in writing or by electronic transmission revoking any consent given by the person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice, but the date must not be less than 7 days after the date on which the notice is given. 9 This article must not be taken to exclude the employment of any method of service not expressly provided for by it. 10 In this article— “address” includes any number or address used for the purposes of electronic transmission; “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means in electronic form. Procedure in relation to certain approvals, etc. 24 1 Where an application is made to, or request is made of, the relevant planning authority, the highway authority or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of this Order (including a Requirement), the consent, agreement or approval, if given, must be given in writing and must not be unreasonably withheld. 2 Schedule 5 (procedure for discharge of Requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the Requirements. Arbitration 25 Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers. Crown rights 26 1 Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular nothing in this Order authorises the undertaker or any licensee— a to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)— i belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners ; ii belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or iii belonging to a government department or the Welsh Government or held in trust for Her Majesty for the purposes of a government department or the Welsh Government without the consent in writing of that government department or the Welsh Government; or b to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown land (as defined in section 227 of the 2008 Act) that is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in that section). 2 A consent under paragraph (1) — a may be unconditional or subject to terms and conditions; b may be given electronically. Signed by authority of the Secretary of State for Energy and Climate Change Giles Scott Head of National Infrastructure Consents and Coal Liabilities Department of Energy and Climate Change 8th December 2015