|
| |
|
(b) | waters adjacent to England up to the seaward limits of the territorial |
| |
| |
(c) | in the case of a project for the carrying out of works in the field of |
| |
energy, a Renewable Energy Zone, except any part of a Renewable |
| |
Energy Zone in relation to which the Scottish Ministers have functions. |
| 5 |
| |
| |
(1) | The construction or extension of a generating station is within section 13(1)(a) |
| |
only if the generating station is or (when constructed or extended) is expected |
| |
to be within subsection (2) or (3). |
| 10 |
(2) | A generating station is within this subsection if— |
| |
(a) | it is in England or Wales, |
| |
(b) | it is not an offshore generating station, and |
| |
(c) | its capacity is more than 50 megawatts. |
| |
(3) | A generating station is within this subsection if— |
| 15 |
(a) | it is an offshore generating station, and |
| |
(b) | its capacity is more than 100 megawatts. |
| |
(4) | An “offshore” generating station is a generating station that is— |
| |
(a) | in waters in or adjacent to England or Wales up to the seaward limits of |
| |
| 20 |
(b) | in a Renewable Energy Zone, except any part of a Renewable Energy |
| |
Zone in relation to which the Scottish Ministers have functions. |
| |
| |
(1) | The installation of an electric line above ground is within section 13(1)(b) only |
| |
if (when installed) the electric line will be— |
| 25 |
| |
| |
(c) | partly in England and partly in Wales, or |
| |
(d) | partly in England and partly in Scotland, subject to subsection (2). |
| |
(2) | In the case of an electric line falling within subsection (1)(d), the installation of |
| 30 |
the line above ground is within section 13(1)(b) only to the extent that (when |
| |
installed) the line will be in England. |
| |
(3) | The installation of an electric line above ground is not within section 13(1)(b)— |
| |
(a) | if the line has a nominal voltage that is not expected to exceed 20 |
| |
kilovolts and is intended to be used for supplying a single consumer, or |
| 35 |
(b) | to the extent that (when installed) the line will be within premises in the |
| |
occupation or control of the person responsible for its installation. |
| |
(4) | “Premises” includes any land, building or structure. |
| |
16 | Underground gas storage facilities |
| |
(1) | Development relating to underground gas storage facilities is within section |
| 40 |
13(1)(c) only if the development is within subsection (2), (3) or (5). |
| |
|
| |
|
| |
|
(2) | Development is within this subsection if— |
| |
(a) | it is the carrying out of operations for the purpose of creating |
| |
underground gas storage facilities in England, or |
| |
(b) | it is starting to use underground gas storage facilities in England, |
| |
| and the condition in subsection (4) is met in relation to the facilities. |
| 5 |
(3) | Development is within this subsection if— |
| |
(a) | it is starting to use underground gas storage facilities in Wales, |
| |
(b) | the facilities are facilities for the storage of gas underground in natural |
| |
| |
(c) | the proposed developer is a gas transporter, and |
| 10 |
(d) | the condition in subsection (4) is met in relation to the facilities. |
| |
(4) | The condition is that— |
| |
(a) | the working capacity of the facilities is expected to be at least 43 million |
| |
standard cubic metres, or |
| |
(b) | the maximum flow rate of the facilities is expected to be at least 4.5 |
| 15 |
million standard cubic metres per day. |
| |
(5) | Development is within this subsection if— |
| |
(a) | it is the carrying out of operations for the purpose of altering |
| |
underground gas storage facilities in England, and |
| |
(b) | the effect of the alteration is expected to be— |
| 20 |
(i) | to increase by at least 43 million standard cubic metres the |
| |
working capacity of the facilities, or |
| |
(ii) | to increase by at least 4.5 million standard cubic metres per day |
| |
the maximum flow rate of the facilities. |
| |
(6) | “Underground gas storage facilities” means facilities for the storage of gas |
| 25 |
underground in cavities or in porous strata. |
| |
| |
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 |
| |
(c. 44) (see section 7(1) of that Act); |
| |
“maximum flow rate”, in relation to underground gas storage facilities, |
| 30 |
means the maximum rate at which gas is able to flow out of the |
| |
facilities, on the assumption that— |
| |
(a) | the facilities are filled to maximum capacity, and |
| |
(b) | the rate is measured after any processing of gas required on its |
| |
| 35 |
“working capacity”, in relation to underground gas storage facilities, |
| |
means the capacity of the facilities for storage of gas underground, |
| |
ignoring any capacity for storage of cushion gas. |
| |
(8) | In subsection (7) “cushion gas” means gas which is kept in underground gas |
| |
storage facilities for the purpose of enabling other gas stored there to be |
| 40 |
| |
| |
(1) | The construction of an LNG facility is within section 13(1)(d) only if (when |
| |
constructed) the facility will be in England and— |
| |
(a) | the storage capacity of the facility is expected to be at least 43 million |
| 45 |
standard cubic metres, or |
| |
|
| |
|
| |
|
(b) | the maximum flow rate of the facility is expected to be at least 4.5 |
| |
million standard cubic metres per day. |
| |
(2) | The alteration of an LNG facility is within section 13(1)(d) only if the facility is |
| |
in England and the effect of the alteration is expected to be— |
| |
(a) | to increase by at least 43 million standard cubic metres the storage |
| 5 |
capacity of the facility, or |
| |
(b) | to increase by at least 4.5 million standard cubic metres per day the |
| |
maximum flow rate of the facility. |
| |
(3) | “LNG facility” means a facility for— |
| |
(a) | the reception of liquid natural gas from outside England, |
| 10 |
(b) | the storage of liquid natural gas, and |
| |
(c) | the regasification of liquid natural gas. |
| |
| |
“maximum flow rate”, in relation to a facility, means the maximum rate at |
| |
which gas is able to flow out of the facility, on the assumption that— |
| 15 |
(a) | the facility is filled to maximum capacity, and |
| |
(b) | the rate is measured after regasification of the liquid natural gas |
| |
and any other processing required on the recovery of the gas |
| |
| |
“storage capacity” means the capacity of the facility for storage of liquid |
| 20 |
| |
(5) | The storage capacity of an LNG facility is to be measured as if the gas were |
| |
stored in regasified form. |
| |
| |
18 | Gas reception facilities |
| 25 |
(1) | The construction of a gas reception facility is within section 13(1)(e) only if |
| |
| |
(a) | the facility will be in England and will be within subsection (4), and |
| |
(b) | the maximum flow rate of the facility is expected to be at least 4.5 |
| |
million standard cubic metres per day. |
| 30 |
(2) | The alteration of a gas reception facility is within section 13(1)(e) only if— |
| |
(a) | the facility is in England and is within subsection (4), and |
| |
(b) | the effect of the alteration is expected to be to increase by at least 4.5 |
| |
million standard cubic metres per day the maximum flow rate of the |
| |
| 35 |
(3) | “Gas reception facility” means a facility for— |
| |
(a) | the reception of natural gas in gaseous form from outside England, and |
| |
(b) | the handling of natural gas (other than its storage). |
| |
(4) | A gas reception facility is within this subsection if— |
| |
(a) | the gas handled by the facility does not originate in England, Wales or |
| 40 |
| |
(b) | the gas does not arrive at the facility from Scotland or Wales, and |
| |
(c) | the gas has not already been handled at another facility after its arrival |
| |
| |
|
| |
|
| |
|
(5) | “Maximum flow rate” means the maximum rate at which gas is able to flow out |
| |
| |
| |
(1) | The construction of a pipe-line is within section 13(1)(f) only if (when |
| |
constructed) the pipe-line is expected to be— |
| 5 |
(a) | a cross-country pipe-line, |
| |
(b) | a pipe-line the construction of which would (but for section 31(1) of this |
| |
Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 |
| |
(c. 58) (cross-country pipe-lines not to be constructed without |
| |
| 10 |
(c) | within subsection (2). |
| |
(2) | A pipe-line is within this subsection if one end of it is in England or Wales |
| |
| |
(a) | the other end of it is in England or Wales, or |
| |
(b) | it is an oil or gas pipe-line and the other end of it is in Scotland. |
| 15 |
(3) | For the purposes of section 13(1)(f) and the previous provisions of this section, |
| |
the construction of a diversion to a pipe-line is treated as the construction of a |
| |
| |
| |
(a) | the pipe-line to be diverted is itself a nationally significant pipe-line, |
| 20 |
| |
(b) | the length of the pipe-line which is to be diverted has not been |
| |
| |
| the construction of the diversion is treated as the construction of a cross- |
| |
country pipe-line, whatever the length of the diversion. |
| 25 |
(5) | For the purposes of subsection (4), a pipe-line is a nationally significant pipe- |
| |
| |
(a) | development consent is required, and has been granted, for its |
| |
| |
(b) | its construction has been authorised by a pipe-line construction |
| 30 |
authorisation under section 1(1) of the Pipe-lines Act 1962. |
| |
(6) | “Diversion” means a lateral diversion of a length of a pipe-line (whether or not |
| |
that pipe-line has been constructed) where the diversion is beyond the |
| |
| |
(7) | The permitted limits are the limits of lateral diversion permitted by any of the |
| 35 |
following granted in respect of the construction of the pipe-line— |
| |
| |
(b) | authorisation under the Pipe-lines Act 1962; |
| |
| |
| 40 |
| |
(1) | Highway-related development is within section 13(1)(g) only if— |
| |
(a) | it is the construction of a highway in a case within subsection (2) or (6), |
| |
|
| |
|
| |
|
(b) | it is the improvement of a highway in a case within subsection (3) or (5), |
| |
| |
(c) | it is the alteration of a highway in a case within subsection (5). |
| |
(2) | Construction of a highway is within this subsection if— |
| |
(a) | the construction is to take place outside the boundary of an existing |
| 5 |
| |
(b) | the highway will (when constructed) be wholly in England, |
| |
(c) | the Secretary of State will be the highway authority for the highway, |
| |
| |
(d) | the highway is proposed to be (or to be part of) a highway of a type |
| 10 |
| |
(3) | Improvement of a highway is within this subsection if— |
| |
(a) | it is to take place outside the boundary of the highway, |
| |
(b) | the highway is wholly in England, |
| |
(c) | the Secretary of State is the highway authority for the highway, and |
| 15 |
(d) | the highway is (or is part of) a highway of a type within subsection (4). |
| |
(4) | The types of highway referred to in subsections (2)(d) and (3)(d) are— |
| |
| |
| |
(c) | a highway the construction of which is a project in respect of which the |
| 20 |
Secretary of State is required to publish an environmental statement |
| |
under section 105A(3) of the Highways Act 1980 (c. 66); |
| |
(d) | a cycle track or footpath on land separated by intervening land from a |
| |
trunk road in connection with which it is to be used. |
| |
(5) | Development is within this subsection if— |
| 25 |
(a) | it is the improvement, raising, lowering or other alteration of a |
| |
| |
(b) | the highway is wholly in England, and |
| |
| |
(i) | crosses or enters the route of a trunk road or special road, or |
| 30 |
(ii) | is (or will be) otherwise affected by the construction or |
| |
improvement of a trunk road or special road. |
| |
(6) | Construction of a highway is within this subsection if— |
| |
(a) | the highway will (when constructed) be wholly in England, |
| |
(b) | the highway is to be constructed for a purpose connected with— |
| 35 |
(i) | development within subsection (5), |
| |
(ii) | a trunk road or special road, or |
| |
(iii) | the construction of a trunk road or special road. |
| |
(7) | The following terms have the meanings given by section 329(1) of the |
| |
| 40 |
| |
| |
| |
|
| |
|