The West Burton C (Gas Fired Generating Station) Order 2020

• (9) The decision of the appointed person on an appeal is final and binding on the parties and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of the relevant requirement in Schedule 2 (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) may not be taken to affect or invalidate the effect of the appointed person’s determination.

• (11) Save where a direction is given pursuant to paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (12) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance or any circular or guidance which may from time to time replace it.

• (13) In this Schedule:

• (a) “business day” means a normal working day, excluding weekends and Bank Holidays; and

• (b) “Planning Practice Guidance” means the Planning Practice Guidance as published online by the Ministry of Housing, Communities and Local Government.

SCHEDULE 4 — STREETS SUBJECT TO TEMPORARY PROHIBITION OR RESTRICTION OF USE

SCHEDULE 5 — PROTECTIVE PROVISIONS

PART 1 — Protection for operators of electronic communications code networks

1

The provisions of this Part have effect for the protection of any operator unless otherwise agreed in writing between the undertaker and the operator.

2

In this Part—

• “the 2003 Act” means the Communications Act 2003[^f00024];

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system must be construed in accordance with paragraph 1(3A) of the code;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act[^f00025]; and an electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “operator” means the operator of an electronic communications code network.

3

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development its construction, or any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply, make reasonable compensation to an operator for loss sustained by it and indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable notice of any claim or demand, and no settlement or compromise of the claim or demand may be made without the consent of the undertaker which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this paragraph must be referred to and settled by arbitration under article 18 (arbitration).

4

This Part does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by Part 3 of the 1991 Act (street works in England and Wales); or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

5

Nothing in this Part effects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh — Head of Energy Infrastructure Planning — Department for Business, Energy and Industrial Strategy — 21st October 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises EDF Energy (Thermal Generation) Limited (referred to in this Order as the undertaker) to construct, operate, use and maintain a gas fired electricity generating station.

A copy of the Order plans and documents mentioned in this Order and certified in accordance with article 16 of this Order (certification of plans etc.) may be inspected free of charge during working hours at Bassetlaw District Council, 17B The Square, Retford, Notts, DN22 6DB or (during periods in which official restrictions on movement are in place under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I. 2020/350) or other Government legislation)) on the website of the Planning Inspectorate.

Footnotes

[^f00001]: 2008 c.29. Sections 37, 83, 114 and 120 were amended by Localism Act 2011 (c.20). Section 115 was amended by the Localism Act 2011, the Housing and Planning Act 2016 (c.22) and the Wales Act 2017 (c.4).

[^f00002]: S.I. 2009/2264, relevant amendments were made by S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2017/572; S.I. 2017/524 and S.I. 2020/764, and the instrument modified by S.I. 2012/1659.

[^f00003]: S.I. 2010/103, as amended by S.I. 2012/635.

[^f00004]: 1961 c.33.

[^f00005]: 1980 c.66.

[^f00006]: 1989 c.29.

[^f00007]: 1990 c.8.

[^f00008]: 1991 c.22.

[^f00009]: S.I. 2016/1154. There are no amendments to this instrument that are relevant here.

[^f00010]: 1981 c.67. The definition of “owner” was amended by the Planning and Compensation Act 1991 (c.34).

[^f00011]: 1978 c.30. The definition of “sewerage undertaker” was inserted by section 6 of the Water Industry Act 1991 (c.56) and words within definition inserted by section 2 of the Water Consolidation (Consequential Provisions) Act 1991 (c.60).

[^f00012]: Section 198 was amended by section 192, section 238 of and Schedule 13 to the 2008 Act and by section 42 of the Planning and Compulsory Purchase Act 2004(c. 5).

[^f00013]: Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), section 136, 143, 145 and 197 of and schedule 23 to the Energy Act 2004 (c.20), section 79 of and Schedule 8 to the Climate Change Act 2008 (c.27), the Electricity and Gas (Internal Markets) Regulations (S.I. 2011/2704) and the Electricity and Gas (Smart Meters Licensable Activity) Order (S.I. 2012/2400).

[^f00014]: 1986 c.44, Section 7 was substituted by section 5 of the Gas Act 1995 (c.45) and then amended by section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to the section that are not relevant to this Order.

[^f00015]: 1990 c.43. Section 82(1) was amended by section 107 of and Schedule 17 to he Environment Act 1995 (c.25). There are other amendments to this Act which are not relevant to this Order. Section 79(1) was amended by section 120 of and schedule 22 to the Environment Act 1995. There are other amendments to section 79(1) that are not relevant to this Order. Section 8292) was amended by section 5 of the Noise and Statutory Nuisance Act 1993 (c.40) and section 107 of and schedule 17 to the Environment Act 1995.

[^f00016]: 1974 c.40. Section 61 was amended by section 162 of and schedule 24 to the Environmental Protection Act 1990. There are other amendments to this Act which are not relevant to this Order.

[^f00017]: 1991 c.56. Section 106 was amended by sections 36 and 99 the Water Act 2003 (c.37), sections 35 and 43 of the Competition and Services (Utilities) Act 1992 (c.43). and section 32 of and schedule 3 to the Flood and Water Management Act 2010 (c.29).

[^f00018]: 1964 c.40.

[^f00019]: 1991 c.57.

[^f00020]: Section 206(1) was amended by section 192 of and schedule 8 to the 2008 Act.

[^f00021]: The are no relevant amendments to section 14 or section 15.

[^f00022]: There are no relevant amendments to section 115(2).

[^f00023]: S.I. 2012/2920. Regulation 16 was amended by S.I. 2017/1314.

[^f00024]: 2003 c.21.

[^f00025]: Section 106 was amended by section 4 of the Digital Economy Act 2017 (c.30).