UK Statutory Instrument
2023
United Kingdom
The East Northamptonshire Resource Management Facility Order 2023
At a glance
What's here
32 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — PRELIMINARY
Browse 2 other sections in this Part — procedural / definitional / commencement
Interpretation
Part 2 — PRINCIPAL POWERS
Browse 7 other sections in this Part — procedural / definitional / commencement
Development consent etc. granted by this Order
Effect of this Order on the original order
Limits of deviation
Benefit of this Order
Consent to transfer benefit of this Order
Power to construct and maintain the authorised development
Maintenance of drainage works
Part 3 — SUPPLEMENTAL POWERS
Browse 4 other sections in this Part — procedural / definitional / commencement
Access to works
Discharge of water
Authority to survey and investigate the land
Felling or lopping of trees and removal of hedgerows
Part 4 — MISCELLANEOUS AND GENERAL
Browse 7 other sections in this Part — procedural / definitional / commencement
Application of landlord and tenant law
Procedure for Approvals and Protective Provisions
Planning permission
Defence to proceedings in respect of statutory nuisance
Certification of plans etc
Service of Notices
Arbitration
Schedules
Control of vehicular movements
- Control heavy goods vehicle routes and display site signs
Site security
- Maintain site security fence and remove when no longer required
Wheel cleaning
- Provide wheel cleaning facilities and clean vehicles leaving site
Hours of operation
- Restrict site operations to permitted hours
Gas flare structures
- Keep gas flare structures within specified height limits
Floodlighting
- Control floodlighting to minimise light spillage and operate within approved hours
Cessation of development
- You must cease all landfill and waste operations by 31 December 2046
Removal of plant and machinery
- Remove site infrastructure when no longer needed, by 31 December 2046
Time limits
- You must start the development within 5 years of the Order coming into force
Detailed design
- Carry out development in accordance with approved designs and obtain drainage approval before starting new works
Phasing, landscaping and restoration
- Manage phasing, landscaping and restoration of the development
Quantities of waste
- Adhere to annual waste import and cumulative disposal limits
Archaeological mitigation strategy
- Carry out new works in line with archaeological mitigation strategy
Appeal to the Secretary of State (procedure)
- Follow the appeal procedure if you disagree with the authority's decision
Appeal to the Secretary of State (supplementary)
- Pay the appointed person's reasonable appeal costs
No acquisition except by agreement
- Undertaker must not acquire apparatus without agreement
Removal of apparatus
- Do not remove utility apparatus until alternative is operational
Facilities and rights for alternative apparatus
- Provide alternative apparatus rights to WPD when removing existing apparatus
Retained apparatus
- Submit works plan to WPD 60 days before starting and comply with safety guidance
Expenses and costs
- Pay WPD's reasonable expenses for apparatus works
(1) Subject to sub-paragraph (2), if by reason or in...
- Pay costs of damage to WPD’s apparatus from construction works
Acquisition of land
- Do not take land or interfere with National Grid's interests without agreement
Removal of apparatus
- Do not remove National Grid's apparatus until replacement is ready
Facilities and rights for alternative apparatus
- Provide alternative apparatus facilities on no less favourable terms
Retained apparatus: protection of gas undertaker
- Submit plans to National Grid before working near gas apparatus
Acquisition of land
- Do not acquire apparatus without agreement
Co-operation
- You must coordinate works with National Grid when removing or protecting their apparatus
Access
- Provide alternative access to National Grid apparatus if obstructed
Notices
- Submit plans to National Grid via LSBUD system
Retained apparatus
- Submit works plans to Anglian Water 28 days before starting near their apparatus
(1) Subject to sub-paragraphs (2) and (3), if by reason...
- Pay costs and compensate Anglian Water for damage or interruption caused by your works
Monitoring
- Repay Anglian Water's monitoring costs and carry out installation work if requested
Browse 28 other Schedules — structural / supplementary
Interpretation
Vehicular access
Amendments to approved details
Noise
Stockpiles and soil
Disposal of waste
In this Schedule “discharging authority” means the relevant planning authority....
Applications made under Requirements
Decision Period
Further Information
Fees
Appeal to the Secretary of State (powers of the appointed person)
Application
Application
Interpretation
Precedence of 1991 Act in respect of apparatus in streets
Expert determination
Interpretation
Application
Interpretation
On Street Apparatus
Expenses
Indemnity
Enactments and agreements
Arbitration
Expenses and costs
Cooperation
Expert Determination
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