The Rivenhall Generating Station Extension (Correction) Order 2025
The Rivenhall Generating Station Extension (Correction) Order 2025 amends the 2024 order granting development consent under the Planning Act 2008.
It addresses errors identified in the original order regarding definitions within Article 2(1), specifically removing erroneous references to the Companies Act 2006 concerning "the 2006 Act," "holding company," and "subsidiary." The Secretary of State made the correction following a formal written request, notifying relevant local planning authorities.
Arguments For
Correcting Errors: The order rectifies errors in the original Rivenhall Generating Station Extension Order 2024, ensuring accuracy and legal clarity. This improves the administration of the project and minimizes potential legal challenges.
Efficiency and Validity: Correcting identified errors in the development consent order helps maintain the validity, efficiency, and efficacy of the project, reducing delays and potentially costly litigation.
Regulatory Compliance: Addressing mistakes maintains the integrity and compliance of the planning process under the Planning Act 2008.
Arguments Against
Potential Delays: Correcting errors might cause slight project delays, though the order aims to minimize disruptions
Administrative Burden: The correction process adds some administrative burden for relevant authorities, but it safeguards against serious future issues.
Unforeseen Consequences: While unlikely, correcting some errors might have unintended consequences on other parts of the order, but thorough review should have mitigated this.
The Rivenhall Generating Station Extension Order 2024 (“the Order”)1, which granted development consent within the meaning of the Planning Act 2008 (the “2008 Act”2), contains correctable errors as defined in section 119, paragraph 1(3) of the 2008 Act.Before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the 2008 Act, the Secretary of State received a written request for the correction of errors in the Order.In accordance with paragraph 1(7) of Schedule 4 to the 2008 Act, the Secretary of State has informed Essex County Council and Braintree District Council, the local planning authorities for the area in which the land to which the Order relates is situated, as well as Babergh District Council, Cambridgeshire County Council, Chelmsford City Council, Colchester City Council, London Borough of Redbridge, Maldon District Council and Suffolk County Council that the request has been received.The Secretary of State in exercise of the powers conferred by section 119 of, and Schedule 4 to, the 2008 Act, makes the following Order:
The 2024 Rivenhall Generating Station Extension Order, a development consent order under the Planning Act 2008, contained errors.
A request to correct these was received by the Secretary of State.
The involved local authorities were notified.
This Order, authorized by the Secretary of State using powers from the 2008 Act, follows up on this request.
This Order may be cited as the Rivenhall Generating Station Extension (Correction) Order 2025 and comes into force on 9th April 2025.
This order's official title is the 'Rivenhall Generating Station Extension (Correction) Order 2025.' It becomes legally effective on April 9th, 2025.
In relation to each of the provisions of the Rivenhall Generating Station Extension Order 2024 specified in the first column of the table in the Schedule, the erroneous text identified in the second column of each row is corrected in accordance with instructions in the third column.
The order corrects errors in the 2024 Rivenhall Generating Station Extension Order.
The table in the schedule specifies each erroneous provision, the incorrect text, and the necessary correction.
Each row defines this process for a particular error.
Signed by authority of the Secretary of State for Energy Security and Net Zero John Wheadon Head of Energy Infrastructure Planning Department for Energy Security and Net Zero 8th April 2025
This section provides the signatory's authorization from the Secretary of State for Energy Security and Net Zero, along with their name, title, department, and the signing date.
Corrections to article 2(1)
| Provision | Erroneous text | Correction | |---|---|---| | Article 2(1) definition of “the 2006 Act” | “the 2006 Act” means the Companies Act 2006; | Omit | | Article 2(1) definition of “holding company” | “holding company” shall have the meaning given in the 2006 Act; | Omit | | Article 2(1) definition of “subsidiary” | “subsidiary” shall have the meaning given in the 2006 Act; | Omit |
This table details the specific corrections.
Three definitions within Article 2(1) of the original 2024 order, relating to "the 2006 Act," "holding company," and "subsidiary," contained references to the Companies Act 2006.
The correction removes these definitions entirely.
This Order corrects errors identified in the Rivenhall Generating Station Extension Order 2024, a development consent order under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to that Act.
This explanatory note clarifies that the order fixes errors in the 2024 Rivenhall Generating Station Extension Order, a development consent order under the 2008 Planning Act.
The corrections were made in response to a formal request.