The Sizewell C (Nuclear Generating Station) Order 2022
- (2) An updated programme of works must be submitted to the MMO in writing every 6 months from the date of approval unless otherwise agreed with the MMO.
8
- (1) No licensed activity or phase of activity must be commenced until a detailed method statement (including location of the works) for that activity or phase of works has been submitted to and approved by the MMO in writing.
- (2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the detailed method statement to the MMO at least 6 months prior to the proposed commencement of the licensed activity, or each phase of a licensed activity.
- (3) The detailed method statements must be implemented as approved unless otherwise agreed in writing with the MMO.
9
- (1) The local MMO office and Trinity House must be notified in writing at least 5 days prior to the commencement of any licensed activity or phase of any licensed activity.
- (2) The local MMO office, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following completion of any licensed activity or phase of any licensed activity.
- (3) The local MMO officer, Trinity House and UK Hydrographic Office must be notified in writing no more than 10 days following the completion of the construction of the Work No.s listed in paragraph 4 of Part 2 of this licence.
10
Local mariners, fishermen’s organisations and the UK Hydrographic Office must be notified of any licensed activity or phase of licensed activity through a local Notice to Mariners. A Notice to Mariners must be issued at least 5 days before the commencement of each licensed activity or phase of licensed activity. The MMO and MCA must be sent a copy of the notification within 24 hours of issue. The Notice to Mariners must include—
- (a) the start and end dates for the works;
- (b) a summary of the works to be undertaken;
- (c) the location of the works area, including coordinates in accordance with WGS84; and
- (d) any markings of the works area that will be put in place.
11
- (1) The undertaker must provide the name, address and function of any agent, contractor or subcontractor that will carry out any licenced activity listed in this license on behalf of the undertaker to the MMO in writing no less than 24 hours before the agent, contractor or subcontractor carries out any licensed activity.
- (2) Any changes to the name and function of the specified agent, contractor or subcontractor that will carry out the specified licenced activities must be notified to the MMO in writing prior to the agent, contractor or subcontractor carrying out the licensed activity.
- (3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to any agents, contractors or subcontractors that will carry out the licensed activity on behalf of the undertaker prior to them carrying out any licensed activity.
12
- (1) The undertaker must notify the MMO in writing of any vessel being used to carry out any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO in writing no less than 24 hours before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and registered owner or operating company.
- (2) Any changes to the details of any vessel being used to carry out any licensed activity must be notified to the MMO in writing as soon as reasonably practicable prior to the vessel carrying out the licensed activities.
13
The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments are provided to the masters of any vessel being used to carry out any licensed activity listed in this licence, and that a copy of this licence is held on board any such vessel. Such documentation must to be provided as soon as reasonably practicable prior to the vessel carrying out any licensed activities.
14
- (1) No licenced activity may commence until a CPMMP (marine) has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The CPMMP (marine) must be in general accordance with the Draft Coastal Processes Monitoring and Mitigation Plan and must include but is not limited to—
- (a) details of the area to be monitored;
- (b) the methods for monitoring;
- (c) the duration of monitoring;
- (d) the trigger points for mitigation;
- (e) a description of proposed mitigation;
- (f) examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered;
- (g) details concerning its proposed review; and
- (h) details concerning the appropriate timing for a monitoring and mitigation cessation report to be prepared.
- (2) The CPMMP (marine) must be implemented as approved by the MMO.
- (3) Monitoring reports, as defined within the CPMMP (marine), must be submitted to the MMO for approval in writing.
- (4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the CPMMP (marine) to the MMO at least 6 months prior to the proposed commencement of licenced activities.
15
- (1) No licensed activity or phase of licensed activity must be commenced until a MEMP for that licensed activity or phase of licensed activity has been submitted to and approved by the MMO in writing. The MEMPs must include but are not limited to, the following details—
- (a) a review of potential sources and pathways of marine pollution during the carrying out of the activities;
- (b) details of how instances of marine pollution (in particular oil, fuel or chemical spills) will be reported to the MMO;
- (c) a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;
- (d) waste management and disposal arrangements;
- (e) references to other project relevant plans and procedures; and
- (f) the address of persons dealing with marine pollution for or on behalf of the undertaker.
- (2) The MEMPs must be implemented as approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit each MEMP, in writing, at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.
16
- (1) No licensed activity or phase of licensed activity must commence until a MAWSI for that activity or phase of activity has, after consultation with Historic England, been submitted to and approved by the MMO in writing.
- (2) Any MAWSIs must be implemented as approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit a MAWSI at least 6 months prior to the proposed commencement of the relevant licensed activity or phase of activity.
17
- (1) No licensed activity must commence until a FLCP has been submitted to and approved by the MMO in writing. The FLCP must include, but is not limited to—
- (a) the appointment and responsibilities of a fisheries liaison officer; and
- (b) a description of how the commencement and nature of licensed activities will be communicated with the local fishing industry to address the interaction of the licensed activities with fishing activities.
- (2) The FLCP must be implemented as approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FLCP at least 6 months prior to the proposed commencement of the first licensed activity.
During construction, operation and maintenance
18
- (1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction and operation of licensable activities must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002 or have undergone an equivalent ecotoxicological assessment.
- (2) The undertaker must ensure that any coatings and treatments used are approved by the Health and Safety Executive as suitable for use in the marine environment and are used in accordance with best practice.
19
The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.
20
- (1) Drill or vibro piling must be used as standard, with percussive piling only used if it is required to drive a pile to its design depth and drill or vibro piling has been unsuccessful. If percussive piling is necessary, soft-start procedures must be used to ensure incremental increase in pile power over a set time period until full operational power is achieved.
- (2) The soft-start duration must be a period of not less than 20 minutes.
- (3) Should piling cease for a period greater than 10 minutes then the soft start procedure must be repeated.
21
Except for activities taking place below MHWS, concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of runoff entering a watercourse.
22
If concrete is to be sprayed, suitable protective sheeting must be provided to prevent rebounded or windblown concrete from entering the marine environment. Rebounded material must be cleared away before the sheeting is removed.
23
During licensed activities, all wastes must be stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage.
24
The undertaker must ensure that any equipment, temporary structures, waste and/or debris associated with a licensed activity are removed within 6 weeks of completion of the licensed activity or relevant phase of the licensed activity.
25
- (1) No gravel or rock may be placed in the marine environment until detail of its source has been submitted to and approved by the MMO in writing.
- (2) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the details at least 3 months prior to the proposed placing of the gravel or rock.
26
The undertaker must ensure that any vessels used for rock or shingle transhipment or other delivery operations are suitably constructed and loaded to prevent material falling over the side by accident. Suitable screening must be used to prevent rock or shingle loss through drainage holes.
27
The undertaker must ensure that sea going tugs or tugs capable of towing the barges to be used in a loaded condition can be made available within any given 12 hour period to tow such barges to sheltered waters in adverse weather conditions.
28
- (1) No vessel movements within the Outer Thames Estuary Special Protection Area as shown on Plate 1.1 of the Outline Vessel Management Plan must occur during the winter months, as defined in the Outline Vessel Management Plan, until a VMP has been submitted to and approved by the MMO in writing.
- (2) The VMP must be in general accordance with the Outline Vessel Management Plan and must include the procedures that will be followed to minimise disturbance to red-throated diver (Gavia stellate).
- (3) The VMP must be implemented as approved by the MMO.
- (4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the VMP at least 6 months prior to the proposed commencement of the relevant vessel movement.
29
- (1) The undertaker must report all dropped objects to the MMO using the dropped object procedure form as soon as reasonably practicable and in any event within 24 hours of becoming aware of an incident.
- (2) On receipt of the Dropped Object Procedure Form, the MMO may require, acting reasonably, the undertaker to carry out relevant surveys. The undertaker must carry out surveys in accordance with the MMO’s reasonable requirements and must report the results of such surveys to the MMO.
- (3) On receipt of such survey results, the MMO may, acting reasonably, require the undertaker to remove specific obstructions from the seabed. The undertaker must carry out removals of specific obstructions from the seabed in accordance with the MMO’s reasonable requirements and at its own expense.
30
In the event that any rock or sediment material used in carrying out any licensed activity is misplaced or lost below MHWS, the undertaker must report the loss to the local MMO office within 24 hours of becoming aware of the incident. If the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material), the MMO must notify the undertaker and the undertaker must use reasonable endeavours to locate the material and recover it. In that event, the undertaker must demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.
31
- (1) Cooling water abstraction must not commence until a MAP has been submitted to and approved by the MMO in writing. The MAP must include, but is not limited to—
- (a) a list of maintenance activities within the marine environment that are anticipated for the lifetime of the licensed activities;
- (b) details of the typical construction plant, machinery and personnel requirements for each maintenance activity and any requirements for detailed method statements;
- (c) details of the typical frequency and timing of each maintenance activity; and
- (d) details of controls and mitigation that will be in place in order to protect the marine environment.
- (2) The MAP must be reviewed every 5 years commencing from the date on which the MAP was approved, unless otherwise agreed by the MMO, to ensure the details of the maintenance activities remain accurate. The conclusions of that review must be submitted to and approved by the MMO in writing.
- (3) The MAP must be implemented as approved by the MMO.
- (4) Unless shorter periods are agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit—
- (a) the first MAP at least 6 months prior to the proposed commencement of water abstraction;
- (b) the updated MAPs in paragraph (2), at least 6 months before such revised MAP is required to be put in place; and
- (c) any updated MAP covering additional activities as soon as possible after the need for such additional activities is identified.
Dredging
32
- (1) No dredging activity or phase of dredging activity must commence until the dredging details for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The dredging activity details must include, but are not limited to—
- (a) the location of the dredge area for that phase, which must be located within the areas set out in Part 4 (Tables 2 to 9);
- (b) the start and end dates of that phase of the dredging activity;
- (c) a dredging method statement;
- (d) the volume and depth of material to be dredged;
- (e) the name and function of any agents or contractors to be used; and
- (f) the name of the vessel master, the vessel type, the vessel IMO number and the name of the vessel owner or operating company for each vessel to be used; and links to the CPMMP (marine)
- (2) Dredging must be carried out in accordance with the dredging activity details approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the dredging activity details to the MMO at least 6 months prior to the start of the relevant dredging activity or phase of dredging activity.
33
- (1) No dredging activity or phase of dredging activity must commence until a SSP and subsequent sediment sample analysis for that dredging activity or phase of dredging activity have been submitted to and approved by the MMO in writing. The SSP must include, but is not limited to—
- (a) location of the area to be dredged;
- (b) name of the disposal site;
- (c) details of the material type proposed for dredging and disposal;
- (d) volume of the material proposed for dredge and disposal;
- (e) type and dredging methodology (including whether it is a capital dredge or maintenance dredge, dredge depth and proposed programme for the dredge and disposal activities);
- (f) the location and depth of any supporting samples; and
- (g) analysis results which must not exceed 3 years in age.
- (2) The SSP and sediment sample analysis request must be implemented as approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SSP and sediment sample analysis to the MMO at least 6 months prior to the proposed commencement of the activity.
34
- (1) Within 4 weeks of the completion of any dredging activity or phase of activity a report of the survey results of the pre-dredge and post-dredge bathymetrical surveys must be submitted to the MMO in writing.
- (2) The pre-dredge bathymetrical survey must be undertaken within a 3 month period prior to each dredging activity or phase of activity, and the post-dredge bathymetrical survey must be undertaken as soon as reasonable practicable and in any event within 1 week of completion of each dredging activity or phase of dredging.
- (3) The report containing the survey results must include—
- (a) an interpretation of the difference between the pre-dredge and post dredge survey results and a volume calculation; and
- (b) the survey results on a chart showing the licensed dredge area and dredge depth.
- (4) The undertaker must inform the MMO twice yearly of the location and quantities of material disposed of each month under this licence for completion of OSPAR reporting. This information must be submitted to the MMO in writing by 15 February each year for the months August to January inclusive and by 15 August each year for the months February to July inclusive.
Aids to navigation
35
- (1) No licensed activity must commence until an ANMP has been submitted to and approved by the MMO in writing, following consultation with Trinity House. The ANMP must include, but not limited to—
- (a) the frequency of reports to be provided to Trinity House on the availability of aids to navigation;
- (b) the details any such reports must include (using the reporting system provided by Trinity House); and
- (c) how the undertaker will comply with (2) to (5) for the lifetime of the developments seaward of MHWS.
Unless a shorter period is agreed with MMO in writing, the undertaker must use reasonable endeavours to submit the ANMP to the MMO at least 6 month prior to the proposed commencement of the licensed activities.
- (2) The undertaker must during the period from commencement of any phase of the first licensed activity to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such failure.
- (3) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the development seaward of MHWS notify Trinity House and the MMO as soon as reasonably practicable and in any event within 3 days of any aids to navigation being established by the undertaker.
- (4) The undertaker must during the period from commencement of the licensed activities to the start of the decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
- (5) In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker must, as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish and the UK Hydrographic Office and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.
Beach Landing Facility and Temporary Marine Bulk Import Facility
36
- (1) The construction of Work No. 1A(l) and Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—
- (a) the start and end dates for the construction;
- (b) a detailed construction method statement;
- (c) a description of any proposed mitigation;
- (d) navigational lighting to be used;
- (e) the type and number of vessels to be used; and
- (f) links to the CPMMP (marine).
- (2) The removal of Work No. 1A(aa) must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The activity details must include, but are not limited to—
- (a) the start and end dates for the removal which must be carried out prior to full operation of Sizewell C;
- (b) a detailed removal method statement;
- (c) a description of any proposed mitigation;
- (d) navigational lighting to be used;
- (e) the type and number of vessels to be used; and,
- (f) links to the CPMMP (marine).
- (3) In the event that impact piling is required in the construction of Work No. 1A(l) and Work No. 1A(aa), the impact piling for that Work No. must not commence between May and August of any year and must not commence until—
- (a) the expected location and start and end dates of impact pile driving have been submitted to the United Kingdom Marine Noise Registry to satisfy the Marine Noise Registry’s Forward Look requirements. The undertaker must notify the MMO of the successful submission of Forward Look data within 7 days of the submission;
- (b) a MMMP in general accordance with the Draft Marine Mammal Mitigation Protocol has been submitted and approved by the MMO in writing; and
- (c) a Southern North Sea Special Area of Conservation SIP in general accordance with the Draft Site Integrity Plan has been submitted to and approved by the MMO in writing.
The Southern North Sea Special Area of Conservation SIP must be submitted to the MMO no later than 6 months prior to the commencement of the piling activities.
- (4) The undertaker must submit the exact locations and start and end dates of impact pile driving to the Marine Noise Registry on every 6 month anniversary of the start of that impact pile driving and within 12 weeks of completion of the impact pile driving to satisfy the Close Out requirements. The undertaker must notify the MMO of the successful submission of the Close Out data within 7 days of the submission.
- (5) The construction of Work No. 1A(l) and Work No. 1A(aa) must be carried out in accordance with the activity details approved by the MMO in writing.
- (6) The SIP and the MMMP must be implemented as approved by the MMO.
- (7) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No. and the MMMP and the SIP at least 6 months prior to the commencing of the proposed impact piling.
Soft Coastal Defence Feature (SCDF)
37
- (1) The construction of Work No. 1A(m) must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to—
- (a) the start and end dates for the construction;
- (b) a detailed construction method statement;
- (c) the source, type and grain size of the material to be deposited;
- (d) a description of any proposed mitigation;
- (e) the type and number of vehicles to be used; and
- (f) links to the CPMMP (marine).
- (2) The construction of Work No. 1A(m) must be carried out in accordance with the activity details approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of Work No. 1(A)(m).
Combined Drainage Outfall (CDO)
38
- (1) The construction of Work Nos. 2K and 2L must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—
- (a) the location and design (size and shape) of the CDO head and vertical shaft;
- (b) the alignment (horizontal and vertical) of the CDO tunnel;
- (c) the start and end dates for the construction;
- (d) a detailed construction method statement;
- (e) a description of any proposed mitigation;
- (f) navigational lighting to be used;
- (g) the type and number of vessels to be used; and
- (h) link to the CPMMP (marine).
- (2) The construction of Work Nos. 2K and 2L must be carried out in accordance with the activity details approved by the MMO in writing.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.
Cooling Water Intake and Outfall Heads, Shafts and Tunnels
39
- (1) The construction of Work No. 2B must not commence until a SRMMP has been submitted to the MMO in writing and approved by the MMO in writing, after consultation with Natural England. The SRMMP must be in general accordance with the Draft Sabellaria Reef Management and Monitoring Plan and must include, but is not limited to—
- (a) the geographic extent of the monitoring;
- (b) the monitoring methodology, frequency and duration of monitoring, and the format of the monitoring report; and
- (c) explanation of how the project design reduces the loss of reef, and surrounding area available for reef to develop into, as far as practicable.
- (2) The construction of Work No. 2B must be carried out in accordance with the SRMMP as approved by the MMO.
- (3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the SRMMP unless otherwise agreed in writing with the MMO.
- (4) Monitoring reports, as defined within the SRMMP, must be submitted to the MMO for approval in writing.
- (5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SRMMP at least 6 months prior to the proposed commencement of Work No. 2B.
40
- (1) The construction of Work Nos. 2A, 2C and 2E must not commence until the TBM disposal activity details have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—
- (a) the anticipated dates of disposal;
- (b) the anticipated locations of the disposal, including depth beneath the seabed; and
- (c) the anticipated composition and quantity of TBM equipment to be disposed of, including any oil, fuel or chemicals.
- (2) The disposal of the TBM must be carried out only in general accordance with the activity details approved in writing by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of Work Nos 2A, 2C and 2E.
- (4) Confirmation of exact details as set out at (a), (b) and (c) of (1) must be submitted to the MMO in writing within two weeks of the completion of the tunnel boring activities.
41
- (1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—
- (a) the location and design (size and shape) of the cooling water intake and outfall heads;
- (b) the alignment (horizontal and vertical) of the cooling water intake and outfall tunnels;
- (c) a description of any proposed mitigation;
- (d) the location and design of the FRR which must be in accordance with the Environment Agency reports referenced in the Environmental Statement (Volume 2, Chapter 2, Section 2.4(d)) unless otherwise agreed in writing by the MMO; and
- (e) any lessons learned from the performance of the FRR at Hinkley Point C if Hinkley Point C is operational.
- (2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details at least 6 months prior to the proposed commencement of the relevant Work No.
42
- (1) The construction of Work Nos. 2A to 2J must not commence until the following activity details for that Work No. have been submitted to and approved by the MMO in writing. The activity details must include, but are not limited to—
- (a) the start and end dates for construction;
- (b) the location of the relevant phase of the construction and drilling activities;
- (c) a detailed construction method statement;
- (d) the navigational lighting to be used;
- (e) links to the CPMMP (marine); and
- (f) the vessels to be used.
- (2) Work Nos. 2A to 2J must be constructed in accordance with the activity details approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details for the relevant Work No. at least 6 months prior to the proposed commencement of the relevant Work No.
43
Drill arisings from Work Nos. 2B, 2D and 2F must only be deposited within the “Sizewell C” disposal site set out in Part 4 (Table 10).
44
- (1) Water abstraction must not commence until a FIEMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency and Natural England. The FIEMP must be in general accordance with the Draft Fish Impingement and Entrainment Monitoring Plan and must include, but is not limited to—
- (a) the monitoring arrangements for assessing the efficacy of the FRR during the commissioning of Unit 1 and Unit 2;
- (b) the undertaker’s duty to consider future additional adaptive measures arising from (a) that may be required during operation of Unit 1 and Unit 2;
- (c) the monitoring methodology, frequency of monitoring and format of monitoring reports; and
- (d) examples of mitigation measures which could be implemented and which would be effective to mitigate particular results of the monitoring and how the appropriateness of each measure will be considered.
- (e) an obligation to make the impingement and entrainment data publicly available with the reports required by the FIEMP.
- (2) The FIEMP must be implemented as approved in writing by the MMO.
- (3) Monitoring reports, as defined within the FIEMP, must be submitted to the MMO for approval in writing.
- (4) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the FIEMP at least 6 months prior to the proposed commencement of water abstraction.
45
- (1) Water abstraction must not commence until a SMP has been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The SMP must include, but is not limited to—
- (a) a monitoring method statement;
- (b) the frequency of monitoring; and
- (c) the format of monitoring reports.
- (2) The SMP must be implemented as approved by the MMO in writing.
- (3) Pre-construction, construction and post-construction monitoring must be undertaken in accordance with the FIEMP unless otherwise agreed in writing with the MMO.
- (4) Monitoring reports, as defined within the SMP, must be submitted to the MMO for approval in writing.
- (5) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the SMP at least 6 months prior to the proposed commencement of water abstraction.
46
- (1) Work Nos. 2M, 2N, 2O and 2P must not commence until the following activity details have been submitted to and approved by the MMO in writing in consultation with the Environment Agency. The details must include, but are not limited to:
- (a) the location, design, size and shape of the temporary desalination plant intake head (including the PWWC, outfall head and associated vertical shafts);
- (b) the alignment (horizontal and vertical) of temporary desalination plant intake and outfall tunnels;
- (c) start and end dates for the installation;
- (d) installation methodology and detailed method statement;
- (e) removal methodology and detailed method statement, to include headworks, anti-scour mats and depth to which the tunnels must be removed to avoid legacy impacts on coastal processes. Removal must be carried out prior to commencement of hot functional commissioning testing;
- (f) any proposed mitigation;
- (g) navigational lighting to be used on plant;
- (h) vessels to be used; and
- (i) links to the CPMMP (marine).
- (2) The construction and removal of Work Nos. 2M, 2N, 2O and 2P shall be carried out in accordance with the details approved by the MMO.
- (3) Unless a shorter period is agreed with the MMO in writing, the undertaker must use reasonable endeavours to submit the activity details to the MMO at least 6 months prior to the proposed commencement of the relevant Work No.
PART 4 — CO-ORDINATES
| Latitude | Longitude |
|---|---|
| 52.2230 | 1.6251 |
| 52.2248 | 1.6278 |
| 52.2239 | 1.6745 |
| 52.2195 | 1.6870 |
| 52.2058 | 1.6720 |
| 52.2130 | 1.6263 |
| 52.2141 | 1.6239 |
| 52.2140 | 1.6232 |
| 52.2141 | 1.6222 |
| 52.2152 | 1.6219 |
| 52.2163 | 1.6220 |
| 52.2171 | 1.6225 |
| 52.2218 | 1.6222 |
| 52.2221 | 1.6226 |
| 52.2222 | 1.6200 |
| 52.2224 | 1.6200 |
| 52.2230 | 1.6208 |
| 52.2231 | 1.6225 |
| 52.2230 | 1.6242 |
| 52.2229 | 1.6242 |
| 52.2228 | 1.6251 |
| Latitude | Longitude |
| --- | --- |
| 52.2227 | 1.6254 |
| 52.2228 | 1.6273 |
| 52.2228 | 1.6289 |
| 52.2212 | 1.6288 |
| 52.2213 | 1.6274 |
| 52.2220 | 1.6253 |
| Latitude | |
| --- | --- |
| Location 1 | 52.2118 |
| 52.2118 | |
| 52.2111 | |
| 52.2111 | |
| Location 2 | 52.2116 |
| 52.2115 | |
| 52.2108 | |
| 52.2109 | |
| Location 3 | 52.2113 |
| 52.2113 | |
| 52.2106 | |
| 52.2106 | |
| Latitude | |
| --- | --- |
| Location 1 | 52.2198 |
| 52.2198 | |
| 52.2191 | |
| 52.2191 | |
| Location 2 | 52.2198 |
| 52.2197 | |
| 52.2190 | |
| 52.2191 | |
| Location 3 | 52.2197 |
| 52.2197 | |
| 52.2190 | |
| 52.2190 | |
| Latitude | |
| --- | --- |
| Location 1 | 52.2183 |
| 52.2183 | |
| 52.2178 | |
| 52.2178 | |
| Location 2 | 52.2183 |
| 52.2183 | |
| 52.2178 | |
| 52.2178 | |
| Latitude | Longitude |
| --- | --- |
| 52.2185 | 1.6288 |
| 52.2185 | 1.6292 |
| 52.2181 | 1.6292 |
| 52.2181 | 1.6287 |
| Latitude | Longitude |
| --- | --- |
| 52.2212 | 1.6290 |
| 52.2212 | 1.6294 |
| 52.2208 | 1.6294 |
| 52.2208 | 1.6289 |
| Latitude | Longitude |
| --- | --- |
| 52.2216 | 1.6290 |
| 52.2216 | 1.6294 |
| 52.2212 | 1.6294 |
| 52.2212 | 1.6290 |
| Latitude | Longitude |
| --- | --- |
| 52.2195 | 1.6281 |
| 52.2193 | 1.6317 |
| 52.2182 | 1.6316 |
| 52.2183 | 1.6280 |
| Latitude | Longitude |
| --- | --- |
| 52.2259 | 1.6261 |
| 52.2242 | 1.6832 |
| 52.2060 | 1.6817 |
| 52.2078 | 1.6246 |
SCHEDULE 22 — Removal of important hedgerows
| (1) Relevant site | (2) Important hedgerow reference | (3) Reference |
|---|---|---|
| Main development site and rail | IH01 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH02 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH03 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH04 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH05 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH06 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH08 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH09 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH10 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH11 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH12 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH14 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH15 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH18 (in part) – 25m, the location of which is shown indicatively only | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH20 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH21 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH23 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH24 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH25 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH26 (in part) | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH27 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH29 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH31 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH32 (in part) – 25m, the location of which is shown indicatively only | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH33 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH34 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH35 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH36 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH37 | SZC-SZ0-XX-000-DRW-100156 |
| Main development site and rail | IH38 | SZC-SZ0-XX-000-DRW-100157 |
| Main development site and rail | IH39 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH40 (in part) | SZC-SZ0-XX-000-DRW-100158 |
| Main development site and rail | IH41 (in part) | SZC-SZ0-XX-000-DRW-100159 |
SCHEDULE 23 — Certified Documents
| (1) Document title | (2) Document reference | |
|---|---|---|
| Access Road Plan | 2.13 | |
| Approved Plans | 2.5 – 2.12 | |
| Associated Development Design Principles | 10.1 | |
| Book of Reference | 4.3 | |
| Code of Construction Practice | 10.2 | |
| Construction Method Statement | 10.3 | |
| Deed of Obligation | 10.4 | |
| Deed of Variation (13 April 2022) | ||
| Deed of Variation (6 May 2022) | ||
| Draft Coastal Processes Monitoring and Mitigation Plan | 10.5 | |
| Draft Fen Meadow Plan | 10.6 | |
| Draft Fish Impingement and Entrainment Monitoring Plan | 10.7 | |
| Draft Marine Mammal Mitigation Protocol | 10.8 | |
| Draft Rail Noise Mitigation Plan | 10.9 | |
| Draft Sabellaria Reef Management and Monitoring Plan | 10.10 | |
| Draft Site Integrity Plan | 10.11 | |
| Draft Water Monitoring and Management Plan | 10.12 | |
| Draft Wet Woodland Plan | 10.13 | |
| Drainage Strategy | 10.14 (rev 2.0) | |
| EA1N Order Limits Interaction – Offshore Plan | 2.14 | |
| EA1N Sizewell Gap Transport Interaction Plan | 2.15 | |
| EA2 Order Limits Interaction – Offshore Plan | 2.16 | |
| EA2 Sizewell Gap Transport Interaction Plan | 2.17 | |
| Environmental Statement | 6.1 – 6.20 | |
| Estate Wide Management Plan | 10.15 | |
| Fen Meadow Strategy | 10.16 | |
| Land Plans | 2.1 | |
| Lighting Management Plan | 10.17 | |
| Main Development Site Design and Access Statement | 10.18 | |
| Main Development Site Operational Siting and Height Parameters | 10.19 | |
| Main Development Site Water Monitoring and Response Strategy | 10.20 | |
| On-site Marsh Harrier Compensatory Habitat Strategy | 10.21 | |
| Outline Landscape and Ecology Management Plan | 10.22 | |
| Outline Vessel Management Plan | 10.23 | |
| Overarching Archaeological Written Scheme of Investigation | 10.24 | |
| Parameter Plans | 2.5, 2.6, 2.7 and 2.11 | |
| Peat Strategy | 10.25 | |
| Rights of Way and Access Strategy | 10.26 | |
| Rights of Way Plans | 2.4 | |
| Sizewell Link Road Landscape and Ecology Management Plan | 10.27 | |
| Terrestrial Ecology Monitoring and Mitigation Plan | 10.28 | |
| Two Village Bypass Landscape and Ecology Management Plan | 10.29 | |
| Westleton Marsh Harrier Compensatory Habitat Strategy | 10.30 | |
| Wet Woodland Strategy | 10.31 | |
| Works Plans | 2.3 |
SCHEDULE 24 — Procedure for approvals, consents and appeals
Applications made under requirement
1
- (1) Where an application has been made to a discharging authority for any agreement, endorsement or approval required by a requirement included in this Order, the discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period. For the purpose of this paragraph (1), the provision of details by East Suffolk Council to Suffolk County Council for endorsement pursuant to requirement 5(2) shall be treated as the making of an application by the undertaker for approval by Suffolk County Council.
- (2) For the purposes of sub-paragraph (1), the decision period is—
- (a) in the case of requirements in respect of which the discharging authority has a duty under Schedule 2 of this Order to consult with any other body—
- (i) where no further information is requested under paragraph 2, 8 weeks from the day immediately following that on which the application is received by the discharging authority;
- (ii) where further information is requested under paragraph 2, 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or
- (iii) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii); and
- (b) in the case of requirements in respect of which the discharging authority has no duty under Schedule 2 of this Order to consult with any other body—
- (i) where no further information is requested under paragraph 2, 6 weeks from the day immediately following that on which the application is received by the discharging authority;
- (ii) where further information is requested under paragraph 2, 6 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or
- (iii) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii).
- (3) In the case of requirements in respect of which the discharging authority has a duty under Schedule 2 of this Order to consult with any other body, the discharging authority must have regard to comments received from any of those bodies.
- (4) In the case of requirements in respect of which East Suffolk Council is the discharging authority under Schedule 2 of this Order, East Suffolk Council must consult with Suffolk County Council. In the case of requirements in respect of which Suffolk County Council is the discharging authority under Schedule 2 of this Order, Suffolk County Council must consult with East Suffolk Council.
Further information
2
- (1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.
- (2) If the discharging authority considers such further information to be necessary and the requirement does not specify that consultation with a requirement consultee is required, the discharging authority must, within 10 working days of receipt of the application, notify the undertaker in writing specifying the further information required.
- (3) If the requirement specifies that consultation with a requirement consultee is required, the undertaker must issue the consultation to the requirement consultee within 3 working days of submitting the application, and must notify the discharging authority in writing.
- (4) If the discharging authority does not give notification as specified in sub-paragraph (2) or (3), or otherwise fails to request any further information within the timescales provided for in this paragraph it will be deemed to have sufficient information to consider the application and will not thereafter be entitled to request further information without the prior agreement of the undertaker.
Fees
3
- (1) Where an application is made to the discharging authority for agreement, endorsement or approval in respect of a requirement, a fee shall be paid to that discharging authority as follows—
| Requirement | Fee |
|---|---|
| Category 1: reserved matters (major) Requirement 17: Main development site: reserved matters | In accordance with sub-paragraphs (2), (3) and (4) |
| Category 2: minor reserved matter and other details Requirement 5: Project wide: surface and foul water drainage Requirement 15: Main development site: outage car park Requirement 18: Sports facilities: reserved matters Requirement 19: Main development site: marine infrastructure Requirement 20: Main development site: SSSI Crossing Requirement 22: Main development site: ancillary structures, other buildings and plant Requirement 23: Main development site: highway works Requirement 24: Main development site: landscape works Requirement 30: Accommodation campus: buildings and structures Requirement 33: Associated development sites: buildings and structures and landscape Requirement 35: Highway works Requirement 36: Associated development: highway landscape works | £2,028 |
| Category 3: re-approvals and ‘unless other agreed’ (i) In respect of any Category 1 or Category 2 requirement where an application is made for discharge in respect of which an application has been made previously; and (ii) Approval of variations pursuant to the ‘unless otherwise agreed’ provisions of the following requirements Requirement 2: Project wide: code of construction practice Requirement 4: Project wide: terrestrial ecology monitoring and mitigation plan Requirement 8: Project wide: estate management Requirement 9: Main development site: site clearance Requirement 13: Main development site: temporary construction-related development Requirement 14: Main development site: construction lighting Requirement 16: Main development site: approved buildings, structures and plant Requirement 28: Main development site: permanent operational lighting Requirement 31: Rail infrastructure Requirement 32: Associated development sites: site clearance | £462 |
| Category 4: Other Requirement 3: Project wide: archaeology and peat Requirement 6: Project wide: emergency planning Requirement 7: Project wide: navigation lighting Requirement 10: Project wide: public rights of way Requirement 11: main development site: water monitoring and management plan Requirement 12: main development site: coastal processes monitoring and mitigation plan Requirement 25: main development site: fen meadow Requirement 26: main development site: wet woodland Requirement 27: main development site: marsh harrier Requirement 38: associated development sites: removal and reinstatement Requirement 39: rail noise | £116 |
Calculation of Category 1 fees 2 Subject to sub-paragraph (3) and (4) below, applications for discharge of requirement 17 shall be calculated as follows— a where the area of gross floor space to be created by the development does not exceed 40 metres, £234; b where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £462; c where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £462 for each 75 square metres of that area; d where the area of gross floor space to be created by the development exceeds 3750 square metres, £19,049; and an additional £115 for each 75 square metres. 3 For the purpose of the calculation of fees pursuant to paragraph 3(2)— a the area shall be taken as consisting of the area of land to which the application relates; b the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building; c the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 metres. 4 The maximum total fee payable for discharge of requirement 17 shall be £300,000.
Refund of fees 5 Any fee paid under this Schedule shall be refunded to the undertaker within 8 weeks of— a the application being rejected as invalidly made; or b the discharging authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee shall be retained by the discharging authority and credited in respect of a future application.
Appeals
4
- (1) Subject to sub-paragraph (14), the undertaker may appeal in the event that—
- (a) the discharging authority refuses an application for any agreement, endorsement or approval required by a requirement included in this Order or grants it subject to conditions;
- (b) the discharging authority does not give notice of its decision to the undertaker within the decision period as determined under paragraph 1;
- (c) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or
- (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
- (2) The process for appeals is as follows—
- (a) any appeal by the undertaker must be made within 6 weeks of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;
- (b) any appeal by the undertaker must be made within 6 weeks of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;
- (c) the undertaker shall submit to the Secretary of State a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);
- (d) the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultee (if applicable);
- (e) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;
- (f) the discharging authority and the requirement consultee (if applicable) must submit any written representations in respect of the appeal to the appointed person in respect of the appeal within 20 working days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (e) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
- (g) the appeal parties may make any counter-submissions to the appointed person within 20 working days beginning with the first working day immediately following the date of receipt of written representations pursuant to sub-paragraph (f); and
- (h) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
- (3) If the appointed person considers that further information is necessary to enable the appointed person to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.
- (4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.
- (5) Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 working days of the date mentioned in sub-paragraph (3).
- (6) On an appeal under this paragraph 4, the appointed person may—
- (a) allow or dismiss the appeal; or
- (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to the appointed person in the first instance.
- (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.
- (8) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
- (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 Schedule 2 as if it had been given by the discharging authority.
- (11) 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) will not affect or invalidate the effect of the appointed person’s determination.
- (12) Save where a direction is given pursuant to sub-paragraph (13) 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.
- (13) 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 must be made, the appointed person must have regard to the Planning Practice Guidance: appeals (March 2014)or any circular or guidance which may from time to time replace it.
- (14) The appeal procedure set out in this paragraph 4 does not apply to requirement 6 (Project wide: emergency planning).
- (15) Any matter for which the consent or approval of the Marine Management Organisation is required shall not be subject to the appeals procedure in this Schedule.
Definitions
5
In this Schedule—
- “appeal parties” means the discharging authority, the requirement consultee and the undertaker; and
- “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging the requirement.
SCHEDULE 25 — Miscellaneous Controls
Introduction
1
This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.
Highways Act 1980
2
Section 141 of the 1980 Act (Restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.
Community Infrastructure Levy Regulations 2010
3
Notwithstanding the provisions of section 208 of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010[^f00045] any building comprised in the authorised development is deemed to be—
- (a) a building into which people do not normally go; or
- (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
Town and Country Planning Act 1990
4
- (1) Section 57(2) of the 1990 Act (Planning permission required for development) will apply to specific associated development works as if the development consent granted for those works under this Order were a planning permission granted for a limited period.
- (2) Section 239 of the 1990 Act (Burial grounds) will apply—
- (a) In relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit the construction, operation and maintenance by the undertaker in accordance with the provisions of this Order; and
- (b) In relation to a right over land so acquired for the purposes of the authorised development (whether or not by agreement), or the temporary use of land pursuant to articles 39 (temporary use of land for carrying out authorised development) and 41 (temporary use of land for maintaining authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised.
Local Government (Miscellaneous Provisions) Act 1976
5
Section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided)[^f00046] will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.
Signed
Fiona Mettam — Director, Energy Development and Resilience — Department for Business, Energy and Industrial Strategy — 20th July 2022
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order authorises NNB Generation Company (SZC) Limited (referred to in this Order as the undertaker) to construct, operate and maintain a nuclear powered generating station at Sizewell, Suffolk, to be known as Sizewell C and comprising two nuclear reactors, as well as associated development. The Order imposes requirements in connection with the nuclear power station and the associated development, together the authorised development.
The Order permits the undertaker to acquire or create and acquire, compulsorily or by agreement, rights in land, and to use land for this purpose.
A copy of the plans, documents and Book of Reference referred to in this Order and certified in accordance with article 82 (certification of plans, etc) of this Order may be inspected free of charge at Sizewell C Information Office, 48-50 High Street, Leiston IP16 4EW.
Footnotes
[^f00001]: 2008 c. 29. Section 37 was amended by section 173(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20). Parts 1 to 7 were amended by Chapter 6 of, and Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
[^f00002]: S.I. 2009/2264.
[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.
[^f00004]: S.I. 2017/572.
[^f00005]: 1847 c. 27.
[^f00006]: 1961 c. 33.
[^f00007]: 1965 c. 56.
[^f00008]: 1980 c. 66.
[^f00009]: 1981 c. 66.
[^f00010]: 1984 c. 27.
[^f00011]: 1990 c. 8.
[^f00012]: 1991 c. 22.
[^f00013]: 2008 c. 29.
[^f00014]: 2009 c. 23.
[^f00015]: S.I. 2015/596.
[^f00016]: 1981. c. 67. The definition of “owner” in section 7 was amended by the Planning and Compensation Act 1991 (c. 34).
[^f00017]: 2003 c. 21.
[^f00018]: 1990 c. 43. Section 79(1)(fb) was inserted by section 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16). There are amendments to this Act which are not relevant to this Order.
[^f00019]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43), and paragraph 1 of Schedule 24 to the Environment Act 1995 c. 25. Section 61(2) was amended by section 133 of and Schedule 7 to the Building Act 1984 (c. 55). There are other amendments to the 1974 Act which are not relevant to the Order.
[^f00020]: 1984 c. 27 . Section 32 was amended by sections 1, 2 and 8(1) and paragraph 4(6)(d) of Schedule 5 to the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.
[^f00021]: 2004 c. 18. Schedule 7 was amended by S.I. 2013/362 and S.I. 2018/488. There are other amendments made to the Traffic Management Act 2004 which are not relevant to this Order.
[^f00022]: 1991 c. 56. Section 106 was amended by section 35(8)(a) and 43(2) and paragraph 1 of Schedule 2 of the Compensation and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29). There are other amendments to this section which are not relevant to this Order.
[^f00023]: 1991 c. 57.
[^f00024]: S.I. 2016/1154.
[^f00025]: As amended by sections 62(3) and 139(4)-(9) of, paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 223 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
[^f00026]: As amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).
[^f00027]: 1981 c. 66. Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).
[^f00028]: 1981 c. 66. Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).
[^f00029]: 1981 c. 66. Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).
[^f00030]: 1981 c. 66. Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).
[^f00031]: As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).
[^f00032]: 1965 c. 56. Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).
[^f00033]: 1965 c. 56. Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).
[^f00034]: 1981 c. 66. Section 4 was amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).
[^f00035]: 2008 c. 29. Section 152 was amended by S.I. 2009/1307.
[^f00036]: 2003 c. 21. There are amendments to this Act which are not relevant to this Order.
[^f00037]: 1987 c. 21.
[^f00038]: 1964 c. 40.
[^f00039]: 1857 c. 81.
[^f00040]: S.I. 1997/1160, amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37) S.I. 2003/2155, S.I. 2006/1177, S.I. 2009/1307, S.I. 2013/755 and S.I. 2015/377.
[^f00041]: 1978 c. 30. There are amendments to this Act which are not relevant to this Order.
[^f00042]: 1973 c. 26.
[^f00043]: 1989 c. 29. The definition of “electric plant” was amended by paragraph 38(3) of Part II of Schedule 6 to the Utilities Act 2000 (c. 27). The definition of “licence holder” was amended by section 13 of the Utilities Act 2000 (c. 27). There are other amendments to the Electricity Act 1989 which are not relevant to this Order.
[^f00044]: 1986 c. 44.
[^f00045]: S.I. 2010/948. Regulation 6 was amended by S.I. 2011/987.
[^f00046]: 1976 c. 57.
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