The HyNet Carbon Dioxide Pipeline Order 2024

Statutory Instruments

2024 No. 436

Infrastructure Planning

The HyNet Carbon Dioxide Pipeline Order 2024

Made

20th March 2024

Coming into force

11th April 2024

An application has been made to the Secretary of State under section 37 of the Planning Act 2008(1) (“the 2008 Act”), and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009(2) for an order granting development consent.

The application was examined by a panel of 2 members appointed by the Secretary of State (“the Panel”) pursuant to section 61 and 65 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(3).

The Panel has submitted a report and recommendation to the Secretary of State in accordance with section 74(2) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(4), and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act.

In accordance with section 131(5) of the 2008 Act the Secretary of State is satisfied that where this Order authorises the compulsory acquisition of land forming part of an open space special category land that land is less than 200 square metres in extent and the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

The Secretary of State is satisfied that open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123, 131 and 132 of the 2008 Act, makes the following Order:

(1)

2008 c. 29. Section 37 was amended by section 128(2) and Schedule 13, Part 1, paragraphs 1 to 5 of the Localism Act 2011 (c. 20).

(2)

S.I. 2009/2264.

(3)

S.I. 2010/103. This instrument was amended by S.I. 2012/635.

(4)

S.I. 2017/572.