Legalize / United Kingdom / Statutory-Instrument

The Sizewell C (Nuclear Generating Station) Order 2022

Type Statutory-Instrument

Publication 2022-07-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles 1

Reform history JSON API

(7) Subject to paragraph (8), the Secretary of State may confirm the byelaws in the form submitted to the Secretary of State with such modifications as the Secretary of State thinks fit or may refuse to confirm them.

(8) Where the Secretary of State proposes to make a modification that appears to the Secretary of State to be substantial the Secretary of State must inform the undertaker and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification, and the Secretary of State may not confirm the byelaws until such period has elapsed as the Secretary of State thinks reasonable for consideration of, and comment upon, the proposed modification by the undertaker and by other persons who have been informed of it.

(9) A copy of the byelaws when confirmed must be printed and deposited by the undertaker at the office of the harbour master and must at all reasonable hours be open to public inspection without payment, must be available on a website managed by the undertaker and a copy of the byelaws must on application be furnished to any person on payment of such reasonable sum as the undertaker may determine.

Power to make general directions to vessels

65

(1) Subject to paragraph (3), the undertaker may give directions, or revoke or amend directions that it has previously given, for the purpose of—

(a) designating areas which vessels are to use, or refrain from using, for movement or mooring;

(b) requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master to identify the vessel, its cargo and its likely time of arrival at and departure from the harbour; and

(2) A direction under paragraph (1) may apply—

(a) to all vessels or to a class of vessels designated in the direction;

(b) to the whole of the harbour and the approaches and channels leading to the harbour, or to a part designated in the direction; and

and every direction given under this article must specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).

(3) Before giving a direction, or revoking or amending a direction previously given, under paragraph (1), the undertaker must consult the Royal Yachting Association and the Chamber of Shipping and have regard to any written representations received from them.

Publication of general directions

66

(1) Notice of the giving of a general direction or of any amendment or revocation of a general direction must, except in case of emergency, be published by the undertaker as soon as practicable:

(a) once in each of two successive weeks in two local newspapers circulating in the district of East Suffolk Council; and

(b) on a website managed by the undertaker

and, if the notice relates to the giving or amendment of a direction, the notice must state a place at which copies of the direction or the amended direction (as the case may be) may be inspected and bought, and the price of the direction or amended direction (as the case may be).

(2) In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the undertaker considers appropriate.

Power to make special directions to vessels

67

(1) The harbour master may give a special direction under this article—

(a) requiring any vessel anywhere within the harbour to comply with a requirement made in or under a general direction;

(b) regulating the time at which and the manner in which any vessel must enter into, go out of, or lie in or at the harbour;

(d) prohibiting the mooring of vessels in any particular part or parts of the harbour;

(e) regulating or requiring the movement, mooring or unmooring of a vessel; and

(f) regulating the manner in which within the harbour a vessel takes in or discharges (from ship to shore or shore to ship) personnel, cargo, fuel, water, ship’s stores or ballast in the harbour.

(2) A special direction may be given in any manner considered by the harbour master to be appropriate.

(3) The harbour master may revoke or amend a special direction.

Master’s responsibility in relation to directions

68

The giving of a general direction under article 65 (power to make general direction to vessels) or a special direction under article 67 (power to make special directions to vessels) does not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to that vessel, persons on board, its cargo or any other person or property.

Failure to comply with directions

69

(1) Any person who fails without reasonable excuse to comply with a general direction issued under article 65 (power to make general directions to vessels) or a special direction under article 67 (power to make special directions to vessels) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) In any proceedings for an offence under paragraph (1) it shall be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Enforcement of special directions

70

(1) Without prejudice to any other remedy available to the undertaker, if a special direction issued under article 67 (power to make special directions to vessels) is not complied with within a reasonable time the harbour master may, where practicable and, except in an emergency, only where 48 hours’ notice has been given to the owner or person appearing to have charge of the vessel, put persons on board the vessel to carry out the direction or otherwise cause the vessel to be handled in accordance with the direction.

(2) If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but the harbour master must not do so unless, after reasonable inquiry has been made, the master of the vessel cannot be found.

(3) Reasonable expenses incurred in the exercise of the powers conferred by this article are recoverable by the undertaker from the owner of the vessel as if they were a charge of the undertaker in respect of the vessel.

Boarding of vessels

71

Any duly authorised officer of the undertaker may, on producing if so required their authority, enter and inspect a vessel in the harbour limits—

(a) for the purposes of any enactment relating to the harbour authority or of any byelaw relating to the harbour authority or of any direction or byelaw of the harbour authority, including the enforcement thereof; or

(b) to prevent or extinguish fire,

but, except in an emergency, no entry must be made under this article without 48 hours’ notice first having been given to the owner or the person appearing to have charge of the vessel; and the notice must have annexed to it a copy of this article.

Charges

72

(1) The undertaker may levy charges for any services performed by it in the exercise and performance of its statutory powers and duties at the harbour.

(2) The undertaker may confer total or partial exemption from, allow rebates to or make compositions with any person with respect to, charges and may vary or extinguish any such exemption, rebate or composition.

(3) In this article “charges” means any charges other than ship, passenger and goods dues.

Use of beach landing facility and marine bulk import facility

73

The undertaker may only use the temporary marine bulk import facility (Work No. 1A(aa)) for the purposes of, or in connection with, the construction of the authorised development and may only use the permanent beach landing facility for the purposes of, or in connection with the construction, operation, maintenance and decommissioning of the authorised development.

Duration of the powers in Part 6

74

(1) Within 28 days following completion of all works for the removal of the temporary marine bulk import facility in accordance with requirement 29, the undertaker must—

(a) appoint, by resolution, a date on which this Part 6 (Harbour Powers) will cease to have effect, which shall be not more than 28 days after the resolution;

(b) publish a notice containing a copy of the resolution proposed to be passed by the undertaker appointing that date in—

(i) Lloyd’s List newspaper or some other newspaper specialising in shipping news;

(ii) a local newspaper circulating in the district of East Suffolk Council; and

(iii) on a website managed by the undertaker.

(2) Except as provided in article 75 (saving for termination of Part 6) this Part 6 will cease to have effect on the date specified in the resolution.

Saving for termination of Part 6

75

(1) In the article, “relevant proceedings” means any proceedings or inquiries in respect of any situation, matter, thing, happening, act, refusal, neglect or failure occurring during the period before this Part ceased to have effect in accordance with article 74 (duration of the powers in Part 6), so far as relating to the harbour or any part of the harbour, including, but without prejudice to the generality of the foregoing, proceedings for an offence committed or penalty incurred, or for recovery of expenses, rates, dues, fees or charges incurred, during that period.

(2) No relevant proceedings shall be affected by this Part ceasing to have effect, and any such proceedings or inquiries may be commenced, continued and concluded, and any decision, judgment or ruling in them may be enforced as if this Part, and any relevant general or special direction or byelaw, had not ceased to have effect.

(3) Any period of time current in relation to relevant proceedings when this Part ceases to have effect shall not be affected by its ceasing to have effect and may continue to run as if this Part, and any relevant general or special direction or byelaw, had not ceased to have effect.

Saving for Trinity House

76

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

PART 7 — DEEMED MARINE LICENCE

Deemed marine licence under the 2009 Act

77

The marine licence set out in Schedule 21 is deemed to have been granted to the undertaker under Part 4 of the 2009 Act for the licensable marine activities (as defined in section 66 of the 2009 Act) set out in Part 2 of the Schedule, and subject to the conditions set out in Part 3 of the Schedule.

PART 8 — MISCELLANEOUS AND GENERAL

Removal of human remains

78

(1) In this article “the specified land” means the land within the Order limits.

(2) Before the undertaker carries out any development or works within the Order limits which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant local planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be reinterred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant local planning authority mentioned in paragraph (4).

(12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(14) Section 25 of the Burial Act 1857 (Offence of removal of body from burial grounds)[^f00039] does not apply to a removal carried out in accordance with this article.

Application of landlord and tenant law

79

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that 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 is to prejudice the operation of any 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 any lease granted by or under any such agreement 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 any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

80

Development consent granted by this Order is to 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 for the purposes of that Act) in respect of—

(a) the permanent development site; and

(b) land in respect of which Work No. 1D and Work No. 1E are authorised.

Felling or lopping of trees and removal of hedgerows

81

(1) The undertaker may fell or lop any tree or shrub near, within or overhanging any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

(a) obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) The approval of East Suffolk Council (not to be unreasonably withheld or delayed) must be obtained before the undertaker may exercise the power in paragraph (1) in respect of any tree outside the Order limits.

(4) The undertaker may, for the purposes of the authorised development—

(a) subject to paragraph (2), remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development; and

(b) only remove important hedgerows identified in Schedule 22 (Removal of important hedgerows) to the extent shown on the plans identified in Schedule 22.

(5) The powers conferred by paragraphs (1) and (3) remove any obligation upon the undertaker to secure any consent under the Hedgerow Regulations 1997[^f00040] in undertaking works pursuant to paragraphs 1(a) or (b) or 4(a) or (b).

(6) Nothing in this article authorises any works to any tree subject to a tree preservation order.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

(8) In this article “hedgerow” and “important hedgerow” have the meaning given in the Hedgerow Regulations 1997.

Certification of plans, etc.

82

(1) The undertaker must, as soon as practicable after the date on which this Order is made, submit to the Secretary of State copies of the documents and plans identified in Schedule 23 (Certified Documents) to this Order for certification that they are true copies of the documents referred to in this Order.

(2) 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.

(3) 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 the provision by number or combination of numbers and letters, which is different from the number or combination of numbers or 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 provisions (if any) corresponding to that provision in the Order as made.

Service of notices

83

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post; or

(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

(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[^f00041] (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 or 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 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 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 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) Paragraphs (6) to (9) apply where a person (“A”) is required or authorised to serve or send a notice or other document for the purposes of this Order on or to another person (“B”).

(6) A may serve or send the notice or other document by electronic transmission if—

(a) B has sent A notice that B agrees to receive that notice or document (or notices and documents of a description including that notice or document) by electronic transmission;

(b) B has not subsequently withdrawn that agreement in accordance with paragraph (8); and

(c) A complies with any conditions as to addressing or mode of transmission that B has specified in agreeing to receive notices or other documents by electronic transmission.

(7) If B notifies A within 7 days of receiving a notice or other document by electronic transmission that B requires a paper copy of all or any part of the notice or other document, A must provide B with such a copy as soon as reasonably practicable.

(8) B may withdraw agreement to receive a notice or document (or notices or documents of a specified description) by electronic transmission by sending a notice to that effect to A.

(9) Notice under paragraph (8) is final and takes effect on a date specified by B in the notice but that date must not be less than 7 days after the date on which the notice is given.

(10) This article does not exclude the employment of any method of service not expressly provided for by it.

(11) In this article “electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form.

Arbitration

84

(1) –Any difference under any provision of this Order, unless otherwise provided for in this Order or unless otherwise agreed between the parties, and other than a difference which falls to be determined by the tribunal or is the subject of enforcement action under Part 8 of the 2008 Act, is to 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 Secretary of State.

(2) This article does not apply to the provisions of the 1847 Act incorporated in this Order by article 49 (incorporation of the Harbours, Docks and Piers Clauses Act 1847) or to Trinity House in the exercise of its statutory functions.

(3) This article is without prejudice to article 76 (saving for Trinity House).

(4) Any matter for which the consent or approval of the Secretary of State or the Marine Management Organisation is required under any provision of this Order shall not be subject to arbitration.

Procedure in relation to certain approvals etc.

85

(1) Schedule 24 (Procedure for approvals, consents and appeals) is to have effect in relation to all consents, agreement or approvals granted, refused or withheld in relation to the requirements unless otherwise agreed between the undertaker and the discharging authority.

(2) The procedure set out in paragraph (1) relating to the appeal process of Schedule 24 has effect in relation to any other consent, agreement or approval required under this Order (including the requirements in Schedule 2 of this Order) where such consent, agreement or approval is granted subject to any condition to which the undertaker objects, or is refused or is withheld.

(3) Any matter for which the consent or approval of the Marine Management Organisation is required under any provision of this Order shall not be subject to this procedure.

Application, exclusion and modification of legislative provisions

86

Schedule 25 (Miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

Crown rights

87

(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 lessee or licensee to take, use, enter upon 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)—

(a) 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;

(b) 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

(c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.

Security in respect of the payment of compensation etc.

88

(1) The undertaker must not exercise the powers in Part 5 (Powers of acquisition and possession of land) of this Order until—

(a) a bond for £42 million pounds has been provided by a financial institution; or

(b) an alternative form of security approved in writing by the Secretary of State has been provided for £42 million pounds,

in respect of the liabilities of the undertaker to pay compensation to landowners in connection with the acquisition of their land or of rights over their land or the temporary use of their land under Part 5 of this Order.

(2) The security referred to in paragraph (1)(b) may include, without limitation, any one or more of the following—

(a) the deposit of a cash sum;

(b) a payment into court;

(d) an insurance policy; or

(e) a company guarantee.

(3) Security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the provider of that security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) The undertaker is entitled to reduce the amount of security to be maintained under paragraph (1) where—

(a) the undertaker has made a payment of compensation to a claimant under Part 5 of this Order (including payment under private treaty in lieu of the exercise of the powers under Part 5 of this Order) and provided evidence to the Secretary of State that such payment has been made; and

(b) the Secretary of State is satisfied that the reduced amount of security proposed by the undertaker will cover the remaining liabilities to pay compensation in respect of the exercise of the powers in Part 5 of this Order.

SCHEDULE 1 — Authorised Development

Sizewell C DCO Project: — In the Districts of East Suffolk Council and West Suffolk Council and the County of Suffolk

A nationally significant infrastructure project as defined in sections 14 (Nationally significant infrastructure projects: general) and 15(2) (Generating stations) of the 2008 Act and associated development within the meaning of section 115(2) of the 2008 Act comprising the following development and works:

PART 1 — NUMBERED WORKS

Main development site: operational infrastructure and Sizewell B relocation works

Work No. 1A

An electricity generating station with a net electrical output of approximately 3,340MW power generated by two nuclear reactor units, to include—

(a) buildings, structures and plant within the ’nuclear islands’ for Units 1 and 2, including—

(i) two reactor buildings;

(ii) two fuel buildings;

(iii) two fuel building halls;

(iv) two boron storage buildings;

(v) eight safeguard buildings;

(vi) two nuclear auxiliary buildings;

(vii) two nuclear auxiliary building stacks;

(viii) two access towers;

(ix) radioactive waste storage building;

(x) radioactive waste process building;

(xi) radioactive waste treatment building;

(xii) hot laundry building;

(xiii) hot workshop, hot warehouse, facilities for decontamination;

(xiv) effluent tanks and refuelling water tanks;

(xv) four emergency diesel generator buildings and twelve associated stacks;

(xvi) two ’type 1’ cooling water discharge weir buildings; and

(xvii) two ’type 2’ cooling water discharge weir buildings;

(b) buildings, structures and plant within the ’conventional islands’ for Units 1 and 2, including—

(i) two turbine halls;

(ii) two sky bridges;

(iii) two conventional island electrical buildings;

(iv) two gas insulated switchgear buildings;

(v) two main transformer platforms;

(vi) four unit transformer platforms;

(vii) two auxiliary transformer platforms; and

(viii) six monopoles;

(d) four electricity transmission towers / pylons inside the powers station’s security fence and associated transmission infrastructure;

(e) buildings, structures and plant within the ’cooling water pumphouse and associated buildings’ for Units 1 and 2, including—

(i) two cooling water pumphouses;

(ii) two forebays;

(iii) two outfall pond buildings;

(iv) two filtering debris recovery pits; and

(v) two fire-fighting water distribution buildings;

(f) intermediate level waste store;

(g) interim spent fuel store;

(h) buildings, structures and plant within the ’ancillary structures’, including (but not limited to)—

(i) main access control building;

(ii) auxiliary administration building;

(iii) secondary access control building;

(iv) emergency response centre;

(v) emergency response energy centre;

(vi) meteorological station;

(vii) demineralisation station;

(viii) valve room for the demineralisation station;

(ix) auxiliary boilers;

(x) hydrogen storage;

(xi) oxygen storage;

(xii) hydrazine storage;

(xiii) chlorination plant;

(xiv) service ventilation building;

(xv) raw water & potable water storage/supply building;

(xvi) degassed water storage tanks;

(xvii) cooling water discharge shaft;

(xviii) chemical products storage;

(xix) garage for handling materials;

(xx) oil & grease storage;

(xxi) contaminated tools store;

(xxii) warehouse;

(xxiii) sewage treatment plant;

(xxiv) conventional island water tanks;

(xxv) nuclear island water tank;

(xxvi) conventional waste storage;

(xxvii) transit area for very low and low level waste;

(xxviii) service access buildings;

(xxix) battery load banks;

(xxx) interim spent fuel store equipment storage building; and

(xxxi) emergency equipment store.

(i) 132kV substation and associated compound;

(j) off-site delivery check point, associated buildings, structures and plant;

(k) permanent vehicular and pedestrian bridge over Sizewell Marshes SSSI, preceded by a temporary crossing.

(l) permanent beach landing facility;

(m) soft coastal defence feature;

(n) permanent hard coastal defence feature, preceded by a temporary hard coastal defence feature;

(o) buildings, structures and plant, including a new National Grid substation building, plant, equipment and apparatus, alterations to the existing National Grid substation building, plant, equipment and apparatus, and associated diversion of transmission infrastructure;

(p) one electricity transmission tower /pylon outside the power station’s security fence, and associated transmission infrastructure including overhead line conductors;

(q) 770 permanent operational parking spaces and 600 outage parking spaces;

(r) removal of an existing transmission tower / pylon and associated transmission infrastructure;

(s) realignment of Sizewell Drain and associated works;

(t) perimeter below-ground cut off-wall, including associated dewatering of the contained area;

(u) drainage outfall tunnels comprising—

(i) combined drainage outfall tunnel (continuing as Work No. 2K); and

(ii) temporary marine outfall;

(v) power station main access road;

(w) 1,000 temporary car parking spaces and 75 temporary HGV parking spaces;

(x) temporary freight management facility, 80 HGV parking spaces and associated infrastructure;

(y) temporary park and ride facility, 600 associated car parking spaces, 20 bus spaces, a terminal area and associated infrastructure;

(z) temporary water resource storage area;

(aa) temporary marine bulk import facility;

(bb) improvement works to Kenton Hills Car Park to include provision of up to 15 additional parking spaces;

(cc) flood mitigation area and associated habitat;

(dd) serviced pitches for up to 400 caravans and 400 temporary car parking spaces;

(ee) bat barn;

(ff) temporary junction onto King George’s Avenue;

(gg) temporary junction onto Valley Road

(hh) temporary junction onto Lovers Lane;

(ii) temporary desalination plant and associated infrastructure;

(jj) temporary desalination plant outfall tunnel (continuing as Work No. 2O); and

(kk) temporary desalination plant intake tunnel (continuing as Work No. 2M).

The location of the above works is shown on sheet nos 1-5 and 7-8 of the Works Plans.

Work No. 1B

New permanent four arm roundabout at B1122 Abbey Road including one site access point, plus a second temporary site access point using an additional temporary arm.

The location of the above works is shown on sheet nos 1 and 8 of the Works Plans.

Work No. 1C

Works associated with Lovers Lane, to include—

(a) realignment of the junction of the B1122 Abbey Road and Lovers Lane;

(b) realignment of Lovers Lane;

(d) creation of a right turn into Leiston Household Waste Recycling Centre.

The location of the above works is shown on sheet nos 3, 7 and 8 of the Works Plans.

Work No. 1D

Works associated with the relocation of certain Sizewell B power station facilities, to include—

(a) outage store building;

(b) outage laydown area;

(d) up to 112 operational car parking spaces and access roads;

(e) up to 576 outage car parking spaces;

(f) visitor centre;

(g) administrative buildings to include workshops, civils store, office accommodation and general store;

(h) storage, canteen and welfare facilities; and

(i) outage car park access roads.

The location of the above works is shown on sheet nos 2, 4 and 5 of the Works Plans.

Work No. 1E

Works associated with the relocation of certain Sizewell B power station facilities, to include—

(a) outage store building;

(b) outage laydown area;

(d) up to 579 operational car parking spaces and access roads;

(e) visitor centre;

(f) administrative buildings to include workshops, civils store, office accommodation and general store; and

(g) storage, canteen and welfare facilities.

The location of the above works is shown on sheet nos 2, 4 and 5 of the Works Plans.

Main development site: cooling water infrastructure, drainage outfall, desalination intake and outfall infrastructure

Work No. 2A

A cooling water intake tunnel for seawater extraction, commencing at Work No. 1A and terminating at Work No. 2B, including earthworks and tunnelling (Unit 1).

Work No. 2B

Two intake heads and vertical shafts for seawater extraction including excavation and capital dredging works (Unit 1).

Work No. 2C

A second cooling water intake tunnel for seawater extraction commencing at Work No. 1A, and terminating at Work No. 2D, including earthworks and tunnelling (Unit 2).

Work No. 2D

Two intake heads and vertical shafts for seawater extraction, including excavation and capital dredging works (Unit 2).

Work No. 2E

A cooling water outfall tunnel for seawater return, commencing at Work No. 1A and terminating at Work No. 2F, including earthworks and tunnelling.

Work No. 2F

Two outfall heads and vertical shafts for seawater return including excavation and capital dredging works.

Work No. 2G

A fish return tunnel, commencing at Work No. 1A and terminating at Work No. 2H, including earthworks and tunnelling.

Work No. 2H

A fish return outfall head and vertical shaft, including excavation and capital dredging works.

Work No. 2I

A second fish return tunnel, commencing at Work No. 1A and terminating at Work No. 2J, including earthworks and tunnelling.

Work No. 2J

A second fish return outfall head and vertical shaft including excavation and capital dredging works.

Work No. 2K

A combined drainage outfall tunnel, commencing at Work No. 1A and terminating at Work No. 2L, including earthworks and tunnelling.

Work No. 2L

A combined drainage outfall head and vertical shaft, including excavation and capital dredging works.

Work No. 2M

An intake tunnel for the temporary desalination plant, commencing at Work No. 1A and terminating at Work No. 2N, including earthworks and tunnelling.

Work No. 2N

An intake head and shaft for seawater extraction for the temporary desalination plant, including excavation and capital dredging works.

Work No. 2O

An outfall tunnel for the temporary desalination plant, commencing at Work No. 1A and terminating at Work No. 2P, including earthworks and tunnelling.

Work No. 2P

Outfall tunnel diffusers and shaft for brine water return for the temporary desalination plant, including excavation and capital dredging works.

The location of the above works is shown on sheet nos 2, 4, 5 and 6 of the Works Plans.

Main development site: accommodation campus

Work No. 3

A temporary accommodation campus, to include—

(a) accommodation buildings, including up to 2,400 bed spaces, associated structures and plant, and 60 blue badge parking spaces and drop off areas;

(b) multi-storey parking area to provide up to 1,300 vehicle parking spaces, associated structures and plant;

(i) welfare, administration and amenity buildings;

(ii) surface vehicle parking area to provide up to 300 parking spaces;

(iii) up to 120 motorcycle parking spaces;

(iv) up to 120 cycle parking spaces;

(v) bus stops and associated infrastructure;

(vi) campus servicing area; and

(vii) combined heat and power plant or alternative form of generation including ground or heat source pumps; and

(d) demolition/removal of any temporary structures and landscape works.

The location of the above works is shown on sheet nos 1 and 8 of the Works Plans.

Rail infrastructure

Work No. 4A

Works associated with the construction of Work No. 4B(a) (green rail route), to include—

(a) formation of new railway embankments, cuttings and all necessary earthworks (including removal of topsoil and subsoil) and associated rail infrastructure;

(b) formation of trenches and installation of utilities; drainage works including swale forming part of the sustainable drainage system;

(d) construction of a temporary automated level crossing on Buckleswood Road and associated road modifications;

(e) construction of temporary automated level crossing on B1122 Abbey Road and associated road modifications;

(f) landscaping including the provision of landscape bunds, grassed areas and other areas of proposed planting; and

(g) demolition/removal of any temporary structures and landscape works.

Work No. 4B

Temporary rail infrastructure (’green rail route’) to include—

(a) a single track railway line (approximately 4.5km in length) commencing at a new junction with the existing Saxmundham to Leiston branch line at a point approximately 500 metres east of Saxmundham Road level crossing and approximately 230 metres south of Buckle’s Wood, passing southwest to northeast and terminating within the main development site (Work No. 1A);

(b) sidings, vehicle inspection buildings, security footbridge and material handling areas; and

The location of the above works is shown on sheet nos 1,2,3,7 and 8 of the Works Plans.

Work No. 4C

Works to the Saxmundham to Leiston branch line, to include—

(a) upgrades to the existing junction of the Saxmundham to Leiston branch line and the East Suffolk line including the provision of an additional crossover;

(b) track replacement; and

(c) upgrades to up to nine existing level crossings at Bratts Black House, Snowdens, Buckle’s Wood, Summerhill, Knodishall, West House, Saxmundham Road, Leiston, and Sizewell.

The location of the above works is shown on sheet nos. 3,7,9 and 10 of the Works Plans.

Work No. 4D

Temporary rail spur off the Saxmundham to Leiston branch line to provide a rail siding in land east of Eastlands Industrial Estate, to include—

(a) earthworks, including embankments, cuttings and retaining structures;

(b) railway tracks, sidings, vehicle inspection buildings and material handling areas; and

The location of the above works is shown on sheet nos. 3 and 10 of the Works Plans.

Sports facilities

Work No. 5

Landscape works including one 3G Pitch and two multi-use games courts, with associated fencing and floodlighting.

The location of the above works is shown on sheet no. 11 of the Works Plans.

Fen meadows and marsh harrier habitat

Work No. 6

(Fen meadow habitat, Halesworth): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 12 of the Works Plans.

Work No. 7

(Fen meadow habitat, Benhall): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 13 of the Works Plans.

Work No. 18

(Fen meadow habitat, Pakenham): Landscape and ecological works including earthworks, drainage and associated water control structures.

The location of the above works is shown at sheet no. 28 of the Works Plans.

Northern park and ride

Work No. 9

(a) A temporary park and ride facility with up to 1,250 car parking spaces (excluding pick-up spaces, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i) earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including infiltration basins and swales; foul water drainage system;

(ii) internal access roads;

(iii) landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv) bus terminus area, bus stops and shelters and associated structures;

(v) buildings including amenity / welfare, administration, and security;

(vi) CCTV poles and mountings, lighting poles and fittings;

(vii) perimeter and internal fencing, signage, secured entrance gates, barriers and ecological fencing; and

(viii) demolition / removal of any temporary structures and landscape works and restoration works.

(b) Highway works including a roundabout, realignment of a section of the A12 and Willow Marsh Lane; realignment of private access track; revised kerbs, road markings, new highway signage, footways and paved areas; and site reinstatement, including landscaping and reinstatement of the existing A12 alignment following cessation of operational use of Work No 9(a).

The location of the above works is shown on sheet no. 15 of the Works Plans.

Southern park and ride

Work No. 10

(a) A temporary park and ride facility with up to 1,250 car parking spaces (excluding pick-up spaces, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i) earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including pumping station and infiltration basins, swales and underground attenuation; foul water drainage system;

(ii) internal access routes;

(iii) landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv) bus terminus area, bus stops and shelters and associated structures;

(v) traffic incident management area;

(vi) buildings including amenity / welfare, administration, and security;

(vii) CCTV poles and mountings, lighting poles and fittings;

(viii) perimeter and internal fencing, signage, secured entrance gates, barriers and ecological fencing; and

(ix) demolition / removal of any temporary structures and landscape works and restoration works.

(b) Highway works, including revised kerbs, road markings, new highways signage, to the B1078, the northbound slip road between B1078 and the A12, and the A12 northbound carriageway.

The location of the above works is shown on sheet no. 16 of the Works Plans.

Two village bypass

Work No. 11A

Works associated with the construction of Work No. 11B and Work No. 11C, to include—

(a) site preparation works including construction hoardings, perimeter enclosure, ecological fencing and security, construction related buildings, structures, plant, machinery and construction lighting;

(b) earthworks including creation of acoustic bunds, utilities trenches, surface water drainage system including balancing ponds and landscape works, including ecological works;

(d) construction of bridges and civil structures;

(e) highway works including kerbs, footways and paved areas;

(f) traffic signal poles and fittings;

(g) lighting poles and fittings; and

(h) perimeter fencing, ecological fencing, animal corrals, signage, gates and barriers.

Work No. 11B

A bypass of Farnham and Stratford St Andrew, to include—

(a) a road (2.4km in length) commencing at a new four-arm roundabout to the east of Parkgate Farm and Stratford Plantation and terminating at a new four-arm roundabout to replace the existing junction of the A12 with the A1094 (Friday Street), and including a bridge crossing of the River Alde;

(b) associated realignments and tie-ins of existing roads bi-sected by the bypass and other existing roads adjoining the bypass; and

Work No. 11C

A footbridge over the bypass (Work No. 11B(a)) 150m east of Farnham Hall.

The location of the above works is shown on sheet nos 17 and 18 of the Works Plans.

Sizewell link road

Work No. 12A

Works associated with the construction of Work No. 12B, Work No. 12C and Work No. 12D, to include—

(a) site preparation works including construction hoardings, perimeter enclosure, ecological fencing and security, construction related buildings, structures, plant, machinery and construction lighting;

(b) earthworks including creation of acoustic bunds, utilities trenches, surface water drainage system including flood relief basins and landscape works, including ecological works;

(d) construction of bridges and civil structures;

(e) highway works including kerbs, footways and paved areas;

(f) traffic signal poles and fittings;

(g) lighting poles and fittings; and

(h) perimeter fencing, ecological fencing, animal corrals, signage, gates and barriers.

Work No. 12B

A bypass of Middleton Moor and Theberton, to include—

(a) a road (6.8km in length) commencing at a new three-arm roundabout located 180m north of The Red House Farm and terminating at a new three arm roundabout on the B1122 (west of the main development site), and including a bridge over the East Suffolk line;

(b) associated realignments and tie-ins of existing roads bi-sected by the bypass and other existing roads adjoining the bypass; and

Work No. 12C

A motorised user bridge over Work No. 12B(a), connecting to Pretty Road on either side.

Work No. 12D

(a) A junction to Moat Road to maintain access to properties including Theberton Grange and Moat House.

(b) Realignment of the road to Theberton Grange for 300m to join George Road.

The location of the above works is shown on sheet nos. 18, 19, 20, 21 and 22 of the Works Plans.

Freight management facility

Work No. 13

(a) A temporary freight management facility with up to 154 HGV parking spaces (excluding HGV screen and search lanes, staff and visitor car parking, minibus/van/bus spaces, motorcycle spaces and bicycle spaces), to include—

(i) earthworks including ground levelling, creation of spoil bunds and temporary stockpiling; utilities trenches; surface water drainage system including infiltration system, swales and underground attenuation areas; foul water drainage system;

(ii) internal access routes;

(iii) landscape works; including the provision of ecological habitat, hardstanding, and vehicle, motorcycle and bicycle parking areas;

(iv) amenity, welfare and security buildings; and

(v) demolition / removal and site reinstatement including landscaping following cessation of operational use;

(b) Highway works to Felixstowe Road to include widening of the highway and temporary site access.

The location of the above works is shown on sheet no. 23 of the Works Plans.

Yoxford roundabout and other highway improvement works

Work No. 14A (Yoxford roundabout)

Work associated with the construction of Work No. 14B, to include—

(a) earthworks including creation of landscape planting, utilities trenches and surface water drainage system;

(b) access roads and hardstanding; and

The location of the above works is shown on sheet no. 24 of the Works Plans.

Work No. 14B

(Yoxford roundabout): Carriageway widening and surface treatment to create a new three arm roundabout with realignment of the existing A12 and B1122 and removal of the existing A12 and B1122 ghost island junction, the location of which is shown on sheet no. 24 of the Works Plans.

Work No. 15

(A12/B1119 junction at Saxmundham): Improvements to the A12 and B1119 junction to include maintenance of vegetation along the highway boundary, alteration of the B1119 at the junction with the A12 and provision of additional or alterations to existing signage and road markings, the location of which is shown on sheet no. 25 of the Works Plans.

Work No. 16

(A1094/B1069 junction south of Knodishall): Improvements to the A1094 and B1069 junction to include maintenance of vegetation along the highway boundary and provision of additional or alterations to existing signage and road markings, the location of which is shown on sheet no. 26 of the Works Plans.

Work No. 17

(A12/A144 junction south of Bramfield): Improvements to the A12 and A144 junction to include provision of central reservation island and waiting area on the A12, widening of the A12, provision of pedestrian walkways and dropped kerbs and provision of a verge, the location of which is shown on sheet no. 27 of the Works Plans.

PART 2 — OTHER ASSOCIATED DEVELOPMENT

And in connection with Work No. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, to the extent that they do not otherwise form part of any such work, the following further works in connection with the construction, operation and maintenance of the authorised development within the Order limits, being associated development within the meaning of section 115(2) of the 2008 Act (Development for which development consent may be granted)—

(a) earthworks and excavations (including tunnelling, soil stripping and storage, site levelling, vegetation clearance, spoil screening / storage for re-use on site and remediation); provision of spoil retaining structures, bunds and ground terracing to formation levels; and site ground preparation works including land remediation, vegetation clearance and groundwater de-watering;

(b) provision, protection, diversion and relocation of surface drainage systems (including swales, ditches, culverts, outfalls, ponds, basins and water treatment and pumping); foul water drainage systems (including pipework, sewage treatment plant, pumps and outfalls); utilities, including electricity, telecommunications, water and power supplies (including substations, switchgear and transformers); cables, pipes, shafts, trenches tunnels and associated access points; and associated protective works for such infrastructure (including footbridges, barriers and grates);

(c) construction and provision of building compounds, external building plant and equipment, stacks and chimneys, access structures (including ladders, stairs and platforms) aerials and communication plant and equipment;

(d) works to create temporary or permanent landscaping (including temporary or permanent mounds); drainage and flood compensation (including flood attenuation works); finished ground levels; means of enclosure; and reinstatement/replacement of, or construction of, boundary walls and security fences (including gates and retaining walls);

(e) establishment of temporary construction areas and compounds at each Works site to include, as necessary—

(i) demolition and site clearance (including of existing buildings, vegetation, walls, fences, planters, breaking of hardstanding and other above and below ground structures);

(ii) site hoardings (including perimeter enclosures and security fencing) and provision of construction and traffic signage and notices;

(iii) temporary vehicle parking;

(iv) formation of construction vehicle access routes and provision of temporary gated or other site access routes and other works to streets;

(v) construction-related buildings, structures, facilities (including storage and manufacturing warehouse and temporary structures), plant, equipment, cranes, machinery (including concrete batching, concrete silos and construction bridges) and temporary bridges and access routes (including internal haulage routes); and

(vi) provision of construction services and utilities, including electricity, telecommunications, water and power supplies (including substations) including means of enclosure, and construction lighting;

(f) provision of permanent and temporary hard-standing areas; welfare/office accommodation, workshops and stores; secure entrances; structures and plant; site access points; security kiosks and buildings, perimeter and internal fencing; gates, barriers and bollards; vehicle and bicycle parking areas; vehicular and pedestrian access routes and internal roads; storage and handling areas; signage; CCTV poles and mountings; lighting poles and fittings; facilities and equipment for processing of excavated and construction materials; treatment enclosures; and any other temporary and permanent works required;

(g) in connection with the marine works, dredging and the provision of buoys, beacons, fenders and other navigational warning or ship impact protection works;

(h) new footpaths; walls and fencing; and planting;

(i) amenity buildings; parking areas; and associated post-operation phase work;

(j) perimeter and internal fencing (including ecological fencing where necessary); pedestrian connections; and signage; secured entrances, gates and barriers;

(k) The following works relating to highways streets and rights of way—

(i) alteration of layout of a street including widening the carriageway of a street, altering the level of any kerb footway, cycleway or verge within a street and surface treatments;

(ii) relocation and provision of street lighting;

(iii) works to place, alter, remove or maintain street furniture, transport infrastructure and apparatus, including the provision of temporary bus lay-bys;

(iv) relocation and provision of road traffic signs and markings; and

(v) diversions or modifications (both temporary and permanent) of existing vehicle and pedestrian access routes (including footpaths and cycleways) and subsequent reinstatement of existing routes, and works to create permissive rights of way;

(l) The following works relating to rail infrastructure –

(i) ramps and means of access;

(ii) traffic signs, traffic signals and road markings; and

(iii) lighting, electrical equipment and signalling works;

(m) works to trees, hedges and shrubs;

(n) habitat creation and management;

(o) permanent and temporary works for the benefit or protection of land or structures affected by the authorised development (including diversion or provision of utilities apparatus, private means of access and protective, survey and monitoring works to land, buildings and other structures);

(p) rock protection (anti-scour protection); and

(q) such other works as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects from those assessed as set out in the environmental information, except that this paragraph will not apply to Work Nos. 3, 4A, 4B, 4D, 9, 10 or 13 once the decommissioning or restoration of those Works has commenced.

SCHEDULE 2 — Requirements

Interpretation

1

(1) Where, under any of the requirements, the approval or agreement of the discharging authority or another person is required—

(a) the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b) the approval or agreement must be given in writing.

(2) Where any requirement—

(a) refers to a scheme, drawing, document or plan, that scheme, drawing, document or plan will be taken to be the version certified by the Secretary of State under article 82 (certification of plans, etc.) of this Order or to any subsequent version of that scheme, drawing, document or plan approved by the discharging authority under a requirement; or

(b) provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved by the discharging authority, the approved details, scheme, plan or other document must be taken to include any amendments or revisions subsequently approved by the discharging authority.

(3) Where an approval of details or other document is required under the terms of any requirement or where compliance with a document contains the wording “unless otherwise approved” by the discharging authority, such approval of details or of any other document (including any subsequent amendments or revisions) or approval by the discharging authority is not to be given except in relation to changes or deviations where it has been demonstrated to the satisfaction of the discharging authority that the subject matter of the approval or agreement sought does not give rise to any materially new or materially different significant environmental effects to those assessed in the environmental information.

(4) Where any requirement provides that the authorised development or any part of it is to be carried out in ‘general accordance’ with details, or a scheme, plan or other document, this means that the undertaker will carry out such work(s) in a way that is consistent with the information set out in those details, schemes, plans or other document or any subsequent version of the details, scheme, plan or document approved under a requirement.

(5) For the avoidance of doubt, the undertaker must comply with requirements 2, 3, 4, 7, 9, 10, 13, 14, 20, 25, 26 and 27 throughout the construction of the authorised development and these requirements are not triggered by commencement and these requirements apply to all material operations including those excluded from the definition of commence.

(6) Unless otherwise provided in this Order, where a requirement relates to a specific site or Work and it specifies “commencement of development”, it refers to the commencement of development on that site or in relation to that Work only.

(7) For the purposes of discharging requirements in phases, the undertaker may submit details, including a plan or plans, where appropriate, to the discharging authority identifying a part or parts of any of the sites to which each phase relates.

(8) Schedule 24 (Procedure for approvals, consents and appeals) sets out the procedures for the determination of submissions made pursuant to requirements, including requests for further information, the consultation process and the appeal procedure.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.