The Mallard Pass Solar Farm Order 2024

• (2) Where the undertaker acquires any part of, or rights in, the subsoil of land, the undertaker is not required to acquire an interest in any other part of the land.

• (3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

• (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants);

• (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

• (c) section 153(4A) (blighted land: proposed acquisition of part interest, material detriment test) of the 1990 Act.

• (4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.

Power to override easements and other rights

26

• (1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

• (a) an interference with an interest or right to which this article applies; or

• (b) a breach of a restriction as to the user of land arising by virtue of a contract.

• (2) In this article “authorised activity” means—

• (a) the carrying out of any part of the authorised development;

• (b) the exercise of any power authorised by this Order; or

• (c) the use of any land within the Order limits (including the temporary use of land).

• (3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract.

• (4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

• (a) is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

• (b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

• (i) the compensation is to be estimated in connection with a purchase under that Act; or

• (ii) the injury arises from the execution of works on or use of land acquired under that Act.

• (5) Where a person deriving title under the undertaker by whom the land in question was acquired—

• (a) is liable to pay compensation by virtue of paragraph (4); and

• (b) fails to discharge that liability,

the liability is enforceable against the undertaker.

• (6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

Modification of Part 1 of the Compulsory Purchase Act 1965

27

• (1) Part 1 of the 1965 Act (compulsory acquisition under Acquisition of Land Act 1981), as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

• (2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the five year period mentioned in article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mallard Pass Solar Farm Order 2024.”.

• (3) In section 11A (powers of entry: further notice of entry)—

• (a) in subsection (1)(a), after “land” insert “under that provision”; and

• (b) in subsection (2), after “land” insert “under that provision”.

• (4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mallard Pass Solar Farm Order 2024”.

• (5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

• (a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 25(3) (acquisition of subsoil only) of the Mallard Pass Solar Farm Order 2024, which excludes the acquisition of subsoil only from this Schedule.

; and

• (b) after paragraph 29 insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 17 (protective works to buildings), article 29 (temporary use of land for constructing the authorised development) or article 30 (temporary use of land for maintaining the authorised development) of the Mallard Pass Solar Farm Order 2024.

Rights under or over streets

28

• (1) The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

• (2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

• (3) Paragraph (2) does not apply in relation to—

• (a) any subway or underground building; or

• (b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

• (4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for constructing the authorised development

29

• (1) The undertaker may, in connection with the construction of the authorised development—

• (a) enter on and take temporary possession of—

• (i) so much of the land specified in column (1) of the table in Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to the land in column (2) of that table; and

• (ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

• (b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;

• (c) construct temporary works, haul roads, security fencing, bridges, structures and buildings on that land;

• (d) use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development;

• (e) construct any works on that land as are mentioned in Schedule 1 (authorised development); and

• (f) carry out mitigation works required under the requirements in Schedule 2 (requirements).

• (2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (4) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of the land referred to in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken; or

• (b) in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

• (a) replace any building, structure, drain or electric line removed under this article;

• (b) remove any drainage works installed by the undertaker under this article;

• (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 4 (streets subject to street works); or

• (d) restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation, compensation or enhancement works identified in the environmental statement or required pursuant to the requirements in Schedule 2 (requirements).

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) The undertaker must not compulsorily acquire, acquire new rights over or impose restrictive covenants over, the land referred to in paragraph (1)(a)(i) under this Order.

• (11) Nothing in this article precludes the undertaker from—

• (a) creating and acquiring new rights or imposing restrictions over any part of the Order land identified in Schedule 9 (land in which only new rights etc. may be acquired); or

• (b) acquiring any part of the subsoil of (or rights in the subsoil of) that land under article 25 (acquisition of subsoil only) or any part of the subsoil of or airspace over that land under article 28 (rights under or over streets).

• (12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (13) Nothing in this article prevents the taking of temporary possession more than once in relation to any land that the undertaker takes temporary possession of under this article.

Temporary use of land for maintaining the authorised development

30

• (1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

• (a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

• (b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

• (c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

• (2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

• (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (11) In this article “the maintenance period” means the period of five years beginning with the date of final commissioning of the phase of the authorised development for which temporary possession is required under this article except in relation to landscaping or ecological works where “the maintenance period” means such period as set out in the landscape and ecology management plan which is approved under requirement 7 beginning with the date on which that part of the landscaping is completed.

Statutory undertakers

31

Subject to the provisions of Schedule 15 (protective provisions) the undertaker may—

• (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land; and

• (b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Apparatus and rights of statutory undertakers in stopped up streets

32

Where a street is stopped-up or altered or diverted or its use is temporarily prohibited or restricted under article 8 (street works), article 9 (power to alter layout, etc. of streets), article 10 (construction and maintenance of altered streets), article 11 (temporary closure of and permitting vehicular use on public rights of way) or article 12 (claimed public right of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 15 (protective provisions), as if this Order had not been made.

Recovery of costs of new connections

33

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 31 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such sewer is removed under article 31, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

• (4) In this article—

• “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003⁴⁸; and

• “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — MISCELLANEOUS AND GENERAL

Benefit of the Order

34

Subject to article 35 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker save for Work No. 3 in relation to which the provisions of this Order have effect for the benefit of the undertaker and National Grid Electricity Transmission plc.

Consent to transfer the benefit of the Order

35

• (1) Subject to paragraph (3), the undertaker may—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and

• (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

• (2) Where a transfer or grant has been made references in this Order to the undertaker, except in paragraph (8), are to include references to the transferee or lessee.

• (3) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—

• (a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or

• (b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

• (i) no such claims have been made;

• (ii) any such claim has been made and has been compromised or withdrawn;

• (iii) compensation has been paid in full and final settlement of any such claim;

• (iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or

• (v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.

• (4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing and the relevant local planning authorities before transferring or granting a benefit referred to in paragraph (1).

• (5) The notification referred to in paragraph (4) must state—

• (a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

• (b) subject to paragraph (6), the date on which the transfer will take effect;

• (c) the powers to be transferred or granted;

• (d) pursuant to paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

• (e) where relevant, a plan showing the works or areas to which the transfer or grant relates.

• (6) The date specified under paragraph (5)(b) must not be earlier than the expiry of fourteen (14) days from the date of the receipt of the notification.

• (7) The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification.

• (8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit—

• (a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

• (b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and

• (c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

Application of landlord and tenant law

36

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the purposes of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement, so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

37

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows

38

• (1) Subject to paragraph (2), the undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

• (a) obstructing or interfering with the purposes of the authorised development or any apparatus used in connection with the authorised development;

• (b) constituting a danger to persons using the authorised development; or

• (c) obstructing or interfering with the passage of vehicles to the extent necessary for the purposes of construction or decommissioning of the authorised development.

• (2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

• (4) The undertaker may, for the purposes of the authorised development, or in connection with the authorised development, subject to paragraph (2) and requirement 7, undertake works to or remove any hedgerows within the Order limits that may be required.

• (5) Without prejudice to the generality of paragraph (4), the undertaker may, for the purposes of the authorised development or in connection with the authorised development and subject to paragraph (1)(a), remove the hedgerows specified in column 2 of the table in Schedule 12 (hedgerows to be removed) and shown on the hedgerows plans.

• (6) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

• (7) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997⁴⁹.

Certification of plans and documents, etc.

39

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table at Schedule 13 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order.

• (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Arbitration

40

• (1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 14 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

• (2) Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

Protective Provisions

41

Schedule 15 (protective provisions) has effect.

Service of notices

42

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁵⁰ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at that time of service.

• (4) Where for the purpose of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

• (b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

Procedure in relation to certain approvals etc.

43

• (1) Where an application is made to or request is made of, a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing.

• (2) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

• (3) Schedule 16 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements.

• (4) Save for applications made pursuant to Schedule 16 (procedure for discharge of requirements) and where stated to the contrary if, within eight weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

• (5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4).

• (6) Schedule 16 (procedure for discharge of requirements) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 15 (protective provisions) or any dispute under article 17(6) (protective works to buildings) to which sub-paragraph (4) applies.

• (7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 15 (protective provisions).

Guarantees in respect of payment of compensation

44

• (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

• (a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

• (b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) .

• (2) The provisions are—

• (a) article 19 (compulsory acquisition of land);

• (b) article 22 (compulsory acquisition of rights);

• (c) article 23 (private rights);

• (d) article 25 (acquisition of subsoil only);

• (e) article 28 (rights under or over streets);

• (f) article 29 (temporary use of land for constructing the authorised development);

• (g) article 30 (temporary use of land for maintaining the authorised development); and

• (h) article 31 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

• (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

1

In this Schedule—

• “existing substation” means the existing substation at Ryhall Substation, Uffington Lane, Essendine, Stamford, PE9 4QD, owned and operated by National Grid Electricity Transmission plc;

• “inverter” means electrical equipment required to convert direct current power to alternating current which will either be a string inverter attached to a mounting structure or a central container inverter;

• “mounting structure” means a frame or rack made of galvanised steel, anodised aluminium or other material designed to support the solar modules and will either provide for a fixed south facing orientation or single access tracking and mounted on piles driven into the ground or pillars fixed to a concrete foundation;

• “PV module” means a solar photovoltaic panel or module designed to convert solar irradiance to electrical energy;

• “solar station” means a station comprising centralised inverters, transformers and switch gear with each component for each solar station either—located outside within a cabinet, on a concrete foundation or placed on metal skids for each of the inverters and transformers and switch gear; orhoused together within a container sitting on a concrete foundation;

• “substation” means a substation containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation;

• “switch gear” means a combination of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment; and

• “transformer” means a structure serving to transform electricity to a higher voltage which will either be a string transformer or a central container transformer.

Authorised development

2

In the District of South Kesteven and in the County of Rutland a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “both relevant planning authorities” means South Kesteven District Council and Rutland County Council each being the relevant planning authority for part of the authorised development;

• “date of final commissioning” means in respect of each phase of the authorised development as approved under requirement 3 the date on which each phase of the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning;

• “decommissioning timing provisions” means provisions relating to the timing for decommissioning works to take place, being all of section 2.4 of the outline operational environmental management plan; and

• “relevant highway authority” means the highway authority for the highways that are the subject of a construction traffic management plan submitted pursuant to requirement 13(1).

Commencement of the authorised development

2

The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.

Phasing of the authorised development and date of final commissioning

3

• (1) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to and approved by the relevant planning authorities.

• (2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phase or phases of the authorised development and a plan identifying the phasing areas.

• (3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

• (4) Notice of the date of final commissioning with respect to each phase of Work No. 1 must be given to the relevant planning authorities within 15 working days of the date of final commissioning for that phase.

Requirement for written approval

4

Where under any of the requirements the approval, agreement or confirmation of both relevant planning authorities or of the relevant planning authority (as applicable) or another person is required, that approval, agreement or confirmation must be provided in writing.

Approved details and amendments to them

5

• (1) With respect to any plans, details or schemes which have been approved pursuant to any requirement (the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or both relevant planning authorities (as applicable) for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or both relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.

• (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or both relevant planning authorities (as applicable) that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Detailed design approval

6

• (1) No phase of the authorised development may commence until details of—

• (a) the layout;

• (b) scale;

• (c) proposed finished ground levels;

• (d) external appearance;

• (e) hard surfacing materials;

• (f) drainage, water, electrical, power and communication cables and pipelines;

• (g) vehicular and pedestrian access, parking and circulation areas, junction improvements and passing places; and

• (h) refuse or other storage units, signs and lighting,

relating to that phase have been submitted and approved in writing by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.

• (2) The details submitted must accord with the design guidance, the parameters, and with any details approved under requirements 7, 8, 9(1) and 10 and demonstrate how they have taken account of the results of any archaeological investigations or archaeological evaluations carried out pursuant to the outline written scheme of investigation.

• (3) The authorised development must be carried out and thereafter maintained in accordance with the approved details.

• (4) Where an application is made to the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, to discharge this requirement, such application must include a statement to confirm how the design guidance and parameters have been taken into account in the details that have been submitted.

• (5) Sub-paragraph (1) does not apply to the matters listed under sub-paragraph (1)(g) if consent has already been given to the details of those works pursuant to articles 9 (power to alter layout, etc. of streets), 10 (construction and maintenance of altered streets) or 13 (access to works).

Landscape and ecology management plan

7

• (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising vegetation removal may start, until a landscape and ecology management plan (which must be substantially in accordance with the outline landscape and ecology management plan) has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, following consultation with Natural England and Lincolnshire County Council.

• (2) The landscape and ecology management plan must include details of all proposed hard and soft landscaping works and ecological mitigation and enhancement measures (as applicable for the relevant numbered work) for that part and where applicable include for that part—

• (a) the location, number, species, size and planting density of any proposed planting including details of any proposed tree, hedgerow and shrub planting and the proposed times of such planting;

• (b) grassland planting, establishment and maintenance (including any necessary updates to the Grassland Establishment Management Plan (Appendix 3 of the outline landscape and ecology management plan);

• (c) any hedgerows proposed for removal that are not shown on the hedgerows plans;

• (d) cultivation, importing of materials and other operations to ensure plant establishment;

• (e) existing trees to be retained;

• (f) an implementation timetable;

• (g) how the plan proposals will contribute to the achievement of a minimum of 65% biodiversity net gain in habitat units and a minimum of 36% biodiversity net gain in hedgerow units for all of the authorised development during the operation of the authorised development and the metric that has been used to calculate that those percentages will be reached;

• (h) how the landscaping and ecological measures proposed in the plan will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 18 (decommissioning and restoration);

• (i) the ecological surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of, or inform, the ecological mitigation measures and the monitoring regime to be taken forward following those initial surveys; and

• (j) the final routing, specification and maintenance regime for each permissive path.

• (3) Any hedgerow, shrub or tree planted as part of the approved plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority (as applicable), seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted.

• (4) Each landscape and ecology management plan approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant phases of the authorised development to which each plan relates.

Fencing and other means of enclosure

8

• (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising the provision of temporary means of enclosure may start, until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with Lincolnshire County Council.

• (2) No phase of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with Lincolnshire County Council.

• (3) The details submitted under sub-paragraph (2) must be in accordance with the parameters and the design guidance.

• (4) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.

• (5) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph (1) at all times during the construction of the authorised development.

• (6) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.

• (7) Any permanent fencing, walls or other means of enclosure for that phase approved under sub-paragraph (2) must be completed prior to the date of final commissioning in respect of such phase.

• (8) Any permanent fencing, walls or other means of enclosure must be properly maintained for the operational lifetime of the part of the authorised development.

Surface and foul water drainage

9

• (1) No phase of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system (which must be substantially in accordance with the outline surface water drainage strategy) have been submitted to and approved by the local lead flood authority and the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities and both local lead flood authorities.

• (2) The design and operation of any phase of the authorised development must be carried out and maintained in accordance with the surface water drainage scheme and (if any) foul water drainage system approved under sub-paragraph (1) for that phase.

• (3) No phase of the authorised development may commence until a water management plan (which must be substantially in accordance with the outline water management plan) been submitted to and approved by the local lead flood authority and the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.

• (4) The measures set out in the water management plan submitted for approval under sub-paragraph (3) must be consistent with the details submitted for approval pursuant to requirement 14(1) (soil management plan).

• (5) The construction of any phase of the authorised development must be carried out in accordance with the water management plan approved under sub-paragraph (3) for that phase.

Archaeology

10

• (1) The authorised development may not commence until:

• (a) a scheme for additional trial trenching has been submitted to and approved by both relevant planning authorities, in consultation with Lincolnshire County Council and Historic England;

• (b) additional trial trenching has been carried out in accordance with the scheme approved under sub-paragraph (a); and

• (c) updates are made to the outline written scheme of investigation to account for the results of the additional trial trenching carried out and the updated outline written scheme of investigation is submitted to and approved in writing by both relevant planning authorities in consultation with Lincolnshire County Council and Historic England.

• (2) The authorised development must be carried out in accordance with the updated outline written scheme of investigation approved under sub-paragraph 1(c).

Construction environmental management plan

11

• (1) No phase of the authorised development may commence until a construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency and Lincolnshire County Council.

• (2) The construction environmental management plan must include detail of any measures required for public rights of way that are temporarily closed.

• (3) For the purposes of this requirement 11 only, “commence” includes any permitted preliminary works comprising above ground site preparation for temporary facilities for the use of contractors and site clearance (including vegetation removal and demolition of existing buildings and structures).

• (4) The construction of any phase of the authorised development must be carried out in accordance with the approved construction environmental management plan for that phase.

Operational environmental management plan

12

• (1) Prior to the date of final commissioning for any phase of the authorised development, an operational environmental management plan (which must be substantially in accordance with the outline operational environmental management plan and which must include the decommissioning timing provisions) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency and Lincolnshire County Council.

• (2) The operational environmental management plan must include details of road routes to and from the site for any heavy goods vehicles required during operation.

• (3) The operation of any phase of the authorised development must be carried out and maintained in accordance with the approved operational environmental management plan for that phase.

Construction traffic management plan

13

• (1) No phase of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the outline construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with both relevant highway authorities.

• (2) Any construction traffic management plan submitted under sub-paragraph (1) must include a construction travel plan (which must be substantially in accordance with the outline travel plan).

• (3) The construction of any phase of the authorised development must be carried out in accordance with the approved construction traffic management plan for that phase.

Soil management plan

14

• (1) No phase of the authorised development may commence until a soil management plan, which must include an excavated materials management plan (which must be substantially in accordance with the outline soil management plan and the outline excavated materials management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities. Such approval must be in consultation with the Environment Agency in relation to the excavated materials management plan.

• (2) The measures set out in the soil management plan submitted for approval in sub-paragraph (1) must be consistent with the details submitted for approval pursuant to requirement 9(3) (water management plan).

• (3) The construction of any phase of the authorised development must be carried out in accordance with the approved soil management plan and excavated materials management plan for that phase.

Ground conditions

15

• (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising demolition or decommissioning of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only may start, until a written strategy in relation to the identification and remediation of any risks associated with contamination for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency.

• (2) The carrying out of any phase of the authorised development must be undertaken in accordance with the strategies approved pursuant to sub-paragraph (1) for that phase.

Operational noise

16

• (1) No phase of the authorised development may be operational until an operational noise assessment containing details of how the design of the authorised development for that phase has incorporated mitigation to ensure that operational noise rating levels (determined in line with BSI British Standards Publication 4142:2014+A1:2019 dated 30 June 2019 (or the current version of that publication if this has been superseded when the assessment is submitted for approval)) not exceeding 35 decibels at residential properties are to be compiled with for that phase has been submitted to and approved by the relevant planning authority for that phase or, where that phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.

• (2) The mitigation measures described in the operational noise assessment must be implemented and maintained as approved throughout the operation of that phase of the authorised development.

Skills, supply chain and employment

17

• (1) No phase of the authorised development may commence until a employment, skills and supply chain plan (which must be substantially in accordance with the outline employment, skills and supply chain plan) in relation to that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.

• (2) The employment, skills and supply chain plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities.

• (3) Any employment, skills and supply chain plan approved under sub-paragraph (1) must be implemented as approved.

Decommissioning and restoration

18

• (1) Decommissioning works must commence no later than 60 years following the date of the final commissioning of the first phase of Work No. 1, as notified by the undertaker pursuant to requirement 3(4) (phasing of the authorised development and date of final commissioning).

• (2) Prior to the commencement of any decommissioning works and prior to the end of the timeframes established pursuant to the decommissioning timing provisions in a detailed operational environmental management plan approved pursuant to requirement 12, for any part of the authorised development, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of South Kesteven and the County of Rutland) for approval, in consultation with the Environment Agency and Lincolnshire County Council, a decommissioning environmental management plan for that part.

• (3) The plans submitted and approved under sub-paragraph (2) must be substantially in accordance with the relevant part of the outline decommissioning environmental management plan.

• (4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has/have approved the plan submitted in relation to such works.

• (5) The plan submitted to and approved pursuant to sub-paragraph (2) must be implemented as approved for the works required to decommission that phase of the authorised development.

• (6) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.

Long-term flood risk mitigation

19

• (1) If any part of Work No.1 is still in operation on 1 January 2077, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue after 31 January 2077.

• (2) If a notification under sub-paragraph (1) indicates that the undertaker anticipates that the operation of any part of Work No. 1 will continue after 31 January 2077, it must submit to the relevant planning authority (following consultation with the Environment Agency)—

• (a) an updated flood risk assessment of the flood risk arising from the continued operation of that part of Work No. 1 after 31 December 2077;

• (b) the details of any mitigation or compensation measures that the flood risk assessment under paragraph (a) recommends are necessary;

• (c) the implementation timetable, including identifying the need for (but not requiring a specific programme for the obtaining of) any consents, for any measures identified under paragraph (b); and

• (d) retention proposals for any measures identified under paragraph (b) for the remaining lifetime of the authorised development.

• (3) Unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.

• (4) The undertaker must implement the measures approved under sub-paragraph (2)(b) in accordance with the implementation timetable approved under sub-paragraph (2)(c) no later than 31 December 2077 or such other time period as is agreed with the relevant planning authority in consultation with the Environment Agency and must retain them for the lifetime of that part of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (2)(d).

• (5) The undertaker must not continue operation of Work No. 1 beyond 31 December 2077 unless the relevant planning authority has given its approval following consultation with the Environment Agency under sub-paragraph (2) and the undertaker has complied with sub-paragraph (3) unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to activities or development carried out for the purposes of the authorised development, or in connection with the authorised development—

• (a) Anglian Water Authority Act 1977⁵¹;

• (b) Eastern Midlands Railway (Extensions) Act 1988⁵²;

• (c) Lincoln Waterworks Act 1846⁵³;

• (d) Great Northern Railway (Junctions) Act 1865⁵⁴;

• (e) Bourn and Essendine Railway Act 1857⁵⁵;

• (f) Road from James Deeping Stone Bridge through Stamford to Morcott Act 1806⁵⁶; and

• (g) Road from James Deeping Stone Bridge to Stamford and to Morcott Act 1829⁵⁷.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule—