The Ferrybridge Multifuel 2 Power Station (Amendment) Order 2025

Published: Fri 25th Apr 25 Came into force: Mon 28th Apr 25

Department: Department for Energy, Security and Net Zero
Made under: Planning Act 2008

The 2025 Order amended the Ferrybridge Multifuel 2 Power Station Order 2015 to clarify the definition of processed municipal solid waste.

The Ferrybridge Multifuel 2 Power Station (Amendment) Order 2025, effective April 28th, 2025, amends the 2015 Order.

It clarifies the definition of "processed municipal solid waste" within the 2015 Order by including waste types specified in several EU decisions (2000/532/EC, 2001/118/EC, 2001/119/EC, 2001/573/EC, and 2014/955/EU).

This change addresses an application for non-material change, aiming for better clarity in waste processing regulations within the power station's operation.

Arguments For

Clarification of Waste Definition: The amendment clarifies the definition of "processed municipal solid waste" to explicitly include mixed municipal waste, aligning it with relevant EU regulations and reducing ambiguity.
Improved Regulatory Clarity: This amendment enhances the clarity and precision of the 2015 Order, minimizing potential disputes or challenges related to waste processing.
Streamlined Waste Management: By providing a clear definition, the amendment facilitates more efficient and effective waste management practices related to the power station.
Legal Compliance: The amendment ensures that the 2015 Order remains legally compliant with existing EU legislation on waste classification.
Based on Previous Amendments: The amendment builds upon and improves the previous amendments to the 2015 Order.

Arguments Against

Minor Nature of Amendment: The amendment is relatively minor and may not have a significant impact on overall operations or environmental outcomes.
Potential Unintended Consequences: While unlikely, the amendment could inadvertently lead to unforeseen consequences related to waste processing or regulatory interpretation.
Resource Allocation: Resources used to draft and implement this amendment could have been allocated to other, potentially higher priority, projects.
Limited Public Impact: Due to the highly technical nature of the amendment, the change may not have a significant impact on the general public.

This Order may be cited as the Ferrybridge Multifuel 2 Power Station (Amendment) Order 2025 and comes into force on 28th April 2025.

This section assigns the title "Ferrybridge Multifuel 2 Power Station (Amendment) Order 2025" to the legal document and states its effective date is April 28th, 2025.

The 2015 Order is amended in accordance with article 3 of this Order.

This section explains that it will amend the 2015 Order by the contents of Article 3.

In article 2(1) of the 2015 Order, after the definition of “planning authority” there is inserted—

““processed municipal solid waste” includes, for the purposes of this Order, waste falling within class 20 03 01 of the Annex to Commission Decision 2000/532/EC [2000] OJ L226/3 as amended by Commission Decision 2001/118/EC [2001] OJ L47/1, Commission Decision 2001/119/EC [2001] OJ L47/32, Council Decision 2001/573/EC [2001] OJ L203/18 and Commission Decision 2014/955/EU [2014] OJ L370/44.”.

This article contains the core amendment.

It instructs the addition of a definition for "processed municipal solid waste" to Article 2(1) of the 2015 Order.

This definition specifically includes waste categorized under class 20 03 01 of the Annex to several EU Commission and Council Decisions, ensuring alignment with EU waste classification.

EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Ferrybridge Multifuel 2 Power Station Order 2015 (“the 2015 Order”), a development consent order under the Planning Act 2008, which has previously been amended by the Ferrybridge Multifuel 2 Power Station (Correction) Order 2016 and the Ferrybridge Multifuel 2 Power Station (Amendment) Order 2018. This Order follows an application under paragraph 2 of Schedule 6 to the Planning Act 2008 for a non-material change to clarify that mixed municipal waste can be treated as falling within the definition of processed municipal solid waste for the purposes of the 2015 Order. This Order, in article 3, provides for the insertion of a new definition into article 2(1) of the 2015 Order to that effect. The changes to the 2015 Order take effect from the date specified in this Order.

The explanatory note summarizes the Order's purpose.

It clarifies that the Order amends the 2015 Order, a development consent order under the Planning Act 2008, by clarifying the definition of 'processed municipal solid waste' to include mixed municipal waste.

It highlights that this amendment stems from an application for a non-material change and explains the location of the new definition within the amended order.

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