The Sunnica Energy Farm Order 2024

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 28 (statutory undertakers), 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 sewage 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 2003⁴²; and

• “public utility undertaker” has the same meaning as in the 1980 Act.

PART 6 — MISCELLANEOUS AND GENERAL

Benefit of the Order

31

Subject to article 32 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.

Consent to transfer the benefit of the Order

32

• (1) Subject to the powers of this Order, 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• (ii) any such claim has been made and has been compromised or withdrawn;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 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 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 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.

• (9) The undertaker must notify both Cambridgeshire County Council and Suffolk County Council in writing 14 days before and 14 days after transferring or granting a benefit referred to in paragraph (1).

• (10) The obligations of the undertaker under the Deed of Obligation are enforceable in accordance with article 45 (enforcement, modification and discharge of the Deed of Obligation) against any person to whom the power to construct or operate numbered works 1 and 2 has been transferred or granted under this article for so long as that person benefits from the power to construct or operate any of numbered works 1 and 2, and such transferee or lessee must be treated for all purposes as the undertaker who entered into the Deed of Obligation with the other parties to it.

• (11) The obligations of parties to the Deed of Obligation other than the undertaker are enforceable by any person to whom the power to construct or operate numbered works 1 and 2 has been transferred or granted under this article for so long as that person benefits from the power to construct or operate any of numbered works 1 or 2, and such parties must be treated for all purposes as parties who entered into the Deed of Obligation with the transferee or lessee.

Application of landlord and tenant law

33

• (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 construction, maintenance, use or operation 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

34

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows

35

• (1) Subject to article 36 (trees subject to tree preservation orders), the undertaker may fell or lop any tree or shrub near any part of the authorised development 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 construction, maintenance or operation 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 construction vehicles to the extent necessary for the purposes of construction of the authorised development.

• (2) In carrying out any activity authorised by paragraph (1) or (4) the undertaker must—

• (a) do no unnecessary damage to any tree or shrub;

• (b) ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice provided these meet or exceed the appropriate British Standards,;

• (c) pay compensation to any person for any loss or damage arising from such activity; and

• (d) not breach ...the provisions of the Wildlife and Countryside Act 1981⁴³ and the Conservation of Habitats and Species Regulations 2017⁴⁴ or any successor acts and regulations.

• (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 and subject to paragraph (2), remove any hedgerows within the Order limits that may be required for the purposes of constructing the authorised development.

• (5) 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.

• (6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997⁴⁵.

Trees subject to tree preservation orders

36

• (1) The undertaker may fell or lop any tree described in Schedule 15 (trees subject to tree preservation orders) and shown on the tree preservation order trees location plan or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction of the authorised development or any apparatus used in connection with the authorised development.

• (2) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

• (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

• (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

• (4) 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.

Certification of plans and documents, etc.

37

• (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 10 (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

38

• (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 11 (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

39

Schedule 12 (protective provisions) has effect.

Service of notices

40

• (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 1978⁴⁶ 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.

41

• (1) Where an application is made to or request is made of any authority or body named in any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

• (2) Subject to paragraph (4), Schedule 13 (procedure for discharge) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to any provision of this Order.

• (3) Schedule 13 (procedure for discharge) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 12 (protective provisions) or any dispute under article 15(6) (protective work to buildings) to which paragraph (4) applies.

• (4) Subject to any other provision in this Order, any difference or dispute arising under any provision of Schedule 12 (protective provisions) or article 15(6) (protective work to buildings) must, unless otherwise agreed in writing between the undertaker and the party in question, be referred to and settled in arbitration 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.

Guarantees in respect of payment of compensation

42

• (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 17 (compulsory acquisition of land);

• (b) article 19 (compulsory acquisition of rights);

• (c) article 20 (private rights);

• (d) article 22 (acquisition of subsoil only);

• (e) article 23 (power to override easements and other rights);

• (f) article 25 (rights under or over streets);

• (g) article 26 (temporary use of land for constructing the authorised development);

• (h) article 27 (temporary use of land for maintaining the authorised development); and

• (i) article 28 (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.

Traffic regulation measures

43

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated in, the undertaker may, for the purposes of construction, maintenance and decommissioning of the authorised development—

• (a) make provision, in respect of those lengths of road specified in column 2 of Part 1 of Schedule 14 (traffic regulation measures) imposing the temporary speed limit mentioned in column 3 of that Part of that Schedule;

• (b) make provision, in respect of those lengths of road specified in column 2 of Part 2 of Schedule 14 (traffic regulation measures), as to the direction of travel of vehicular traffic as specified in column 3 of that Part of that Schedule;

• (c) make provision, in respect of those lengths of road specified in column 2 of Part 3 of Schedule 14 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column 3 of that Part of that Schedule; and

• (d) make provision temporarily suspending in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.

• (2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, maintenance and decommissioning of the authorised development, temporarily place traffic signs and signals in the extents of the road specified in column 2 of Part 4 of Schedule 14 (traffic regulation measures) and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016⁴⁷.

• (3) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make temporary provision for the purposes of the construction, maintenance or decommissioning of the authorised development—

• (a) as to the speed at which vehicles may proceed along any road;

• (b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;

• (c) as to prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;

• (d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and

• (e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act.

• (4) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011⁴⁸ when used in accordance with regulation 3(5) of those regulations.

• (5) Prior to any application for the consent of the traffic authority under paragraphs (1) and (2), the undertaker must carry out 21 days consultation with affected highway users by means of site notices and local newspaper advertisement circulating in the area in which- the traffic regulation measures are proposed and must include a consultation report presenting the results of that consultation as part of its application for consent.

• (6) Before exercising the power conferred by paragraph (3) the undertaker must—

• (a) consult the chief officer of police in whose area the road is situated; and

• (b) obtain the written consent of the traffic authority.

• (7) The undertaker must not exercise the powers conferred by paragraphs (1), (2) or (3) unless the undertaker has—

• (a) given not less than 4 weeks’ notice in writing to the chief officer of police in whose area the road is situated and to the traffic authority; and

• (b) not less than 7 days before the provision is to take effect, published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated.

• (8) Any provision made under the powers conferred by paragraphs (1) or (3) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3).

• (9) Any provision made by the undertaker under paragraphs (1) or (3)—

• (a) must be made by written instrument in such form as the undertaker considers appropriate;

• (b) has effect as if duly made by the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify savings and exemptions to which the provision is subject; and

• (c) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.

Crown Rights

44

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land or rights of any description—

• (a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

• (c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

• (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.

Enforcement, modification and discharge of the Deed of Obligation

45

• (1) The terms of the Deed of Obligation are enforceable by injunction.

• (2) An obligation in the Deed of Obligation may not be modified or discharged except—

• (a) by agreement between the undertaker and the beneficiary of the obligation, executed as a deed; or

• (b) further to a determination by the Secretary of State under this article.

• (3) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which the Deed of Obligation was first entered into, apply to the Secretary of State for the obligation—

• (a) to have effect subject to such modifications as may be specified in the application; or

• (b) to be discharged, and must notify Suffolk County Council and Cambridgeshire County Council as soon as any such application is made.

• (4) An application under paragraph (3) for the modification of an obligation in the Deed of Obligation may not specify a modification imposing an obligation on any other person against whom the Deed of Obligation is enforceable.

• (5) Where an application is made to the Secretary of State under paragraph (3), the Secretary of State must consult Suffolk County Council and Cambridgeshire County Council and, taking into account their responses, may determine—

• (a) that the obligation must continue to have effect without modification;

• (b) if the obligation no longer serves a useful purpose, that it must be discharged; or

• (c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it must have effect subject to those modifications,

and must give notice of their determination to the undertaker, Suffolk County Council and Cambridgeshire County Council within three months of the application and provide full reasons for the decision.

• (6) Where the Secretary of State determines under this article that an obligation has effect subject to modifications specified in the application, the obligation as modified must be enforceable as if it had been entered into on the date on which notice of the determination was given to the undertaker, Suffolk County Council and Cambridgeshire County Council or such other date as the Secretary of State may determine.

• (7) An application to the Secretary of State under paragraph (3) must include the following information—

• (a) the name and address of the undertaker;

• (b) sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged;

• (c) the undertaker’s reasons for applying for the modification or discharge of that obligation; and

• (d) such other information as the Secretary of State considers necessary to enable them to determine the application.

• (8) Where it is proposed that Suffolk County Council or Cambridgeshire County Council is not to be a party to any deed entered into under paragraph (3)(a), the body not proposed to be a party must be provided with the information set out in paragraphs (7)(a) to (c), and be given not less than 21 days to make representations.

• (9) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation in the Deed of Obligation.

• (10) In this article “undertaker” means the undertaker authorised to construct or operate numbered works 1 and 2, being the undertaker bound by the Deed of Obligation.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

1

In this Schedule—

• “battery station” means a station comprising transformers, switchgear, power conversion system (PCS) or inverter, and other ancillary equipment with each component for each battery station either— located outside, with a concrete foundation slab or concrete piling for each of the inverters and transformers and a levelling layer of thick sand with a concrete perimeter pavement for the switchgear; or housed together within a container sitting on a concrete foundation slab or concrete piling;

• “East A Site” means land that forms part of the authorised development located south of Isleham in Cambridgeshire and Suffolk as shown on the works plans;

• “East B Site” means land that forms part of the authorised development located between Worlington and Freckenham in Suffolk as shown on the works plans;

• “energy storage” means equipment used for the storage of electrical energy;

• “existing substation” means the existing substation at Burwell, Weirs Drove, Burwell, Cambridge CB25 0BP, owned and operated by NGET;

• “inverter” means electrical equipment required to convert direct current power generated to alternating current;

• “mounting structure” means a frame or rack made of galvanised steel or other material designed to support the solar modules and mounted on piles driven into the ground by one of the following methods: piles rammed into a pre-drilled hole, a pillar attaching to a steel ground screw, pillars fixed to a concrete foundation, or a pillar set in concrete in a pre-made hole in the ground (micro piled);

• “permissive paths” means new access tracks providing restricted public access within the Order limits along the route shown in Annex A to the outline landscape and ecology management plan;

• “solar module” means a solar photovoltaic panel designed to convert solar irradiance to electrical energy fitted to mounting structures;

• “solar station” means a station comprising inverters, transformers and switchgear with each component for each solar station either— located outside, with a concrete foundation slab for each of the inverters, transformers and switchgear and a levelling layer of thick sand with a concrete perimeter pavement; or housed together within a container sitting on a concrete foundation slab and a levelling layer of thick sand with a concrete perimeter pavement;

• “substation” means a compound, containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation mounted on a reinforced foundation slab or piling;

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

• “transformer” means a structure containing an electrical device to transform electricity by increasing or reducing the voltage; and

• “West A Site” means the land that forms part of authorised development located within the southern fields of the Chippenham Park Estate bordering the A11 and A14 corridor in Cambridgeshire as shown on the works plans.

2

In the Districts of West Suffolk and East Cambridgeshire in the Counties of Cambridgeshire and Suffolk 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 county authorities” means Cambridgeshire County Council and Suffolk County Council each being the relevant county authority for part of the authorised development;

• “both relevant planning authorities” means East Cambridgeshire District Council and West Suffolk Council each being the relevant planning authority for part of the authorised development; and

• “the offsetting habitat provision for stone curlews specification” means the specification of that name in annex F to the outline landscape and ecology management plan.

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 both 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.

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

• (a) Work No. 2A may not be brought into commercial use without Work No. 1A also being brought into commercial use;

• (b) Work No. 2B may not be brought into commercial use without Work No. 1B also being brought into commercial use; and

• (c) Work No. 2C may not be brought into commercial use without Work No. 1C also being brought into commercial use.

• (4) In respect of the phase or phases, the undertaker must give notice to both relevant planning authorities within seven days of the date of final commissioning that final commissioning of the phase or, where there is more than one phase, each phase has taken place.

Requirement for written approval

4

Where any approval, agreement or confirmation is required under any requirement, that approval, agreement or confirmation must be provided in writing.

Approved details and amendments to them

5

• (1) With respect to the documents certified under article 37 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “approved documents, plans, details or schemes”), the undertaker may submit to the relevant county authority or relevant planning authority or both relevant county authorities 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 county authority or relevant planning authority or both relevant county authorities 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 county authority, the relevant planning authority or both relevant county authorities 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, including for Work No. 2, Work No. 3 and Work No. 8 how the appearance has sought to take account of the local landscape, or where this has not been possible, an explanation of why this has not been possible; but nothing in this sub-paragraph requires the undertaker to require products not currently available on the commercial market to be specifically produced for the authorised development;

• (e) hard surfacing materials;

• (f) vehicular and pedestrian access, parking and circulation areas;

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

• (h) drainage, water, power and communications cables and pipelines;

• (i) how the design of that phase has taken account of either—

• (i) the arboricultural impact assessment; or

• (ii) for those trees that have not already been assessed in the arboricultural impact assessment, updated tree surveys for locations within that phase where arboricultural impacts are likely, such surveys to be carried out prior to the submission of these details and to be submitted as part of these details;

• (j) programme for landscaping works;

• (k) the pre-commencement condition survey of all public rights of way affected by haul road or cable route crossings has been completed in accordance with 5.2.11 of the framework construction traffic management plan and travel plan, and a reinstatement plan of the public rights of way surfaces and widths agreed;

• (l) how the design of that phase has taken account of predicted noise and vibration effects and mitigation proposed; and

• (m) the anti-reflective coating to be used on the solar modules in Work No. 1,

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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.

• (2) The details submitted must accord with the design principles, the landscape and ecology management plan for the relevant phase approved under requirement 8 and the flood risk assessment.

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

• (4) The details for Work No. 2 must accord with the approved battery fire safety management plan under requirement 7 and appendix 16D of the environmental statement.

Fire safety management

7

• (1) Work No. 2 must not commence until a battery fire safety management plan (“BFSMP”) has been submitted to and approved by both relevant county authorities.

• (2) The BFSMP must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development.

• (3) The BFSMP submitted under sub-paragraph (1) must be substantially in accordance with the outline battery fire safety management plan.

• (4) Both relevant county authorities must consult with the Cambridgeshire Fire and Rescue Service, the Suffolk Fire and Rescue Service and the Environment Agency before determining an application for approval of the BFSMP.

• (5) The BFSMP must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Landscape and ecology management plan

8

• (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 written 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with Natural England and Historic England.

• (2) The written landscape and ecology management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline landscape and ecology management.

• (3) The landscape and ecological management plan must include details of—

• (a) how the plan will secure a minimum of 10% biodiversity net gain during the operation of the authorised development; and

• (b) how the landscaping and ecological measures 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 22 (decommissioning and restoration).

• (4) The landscape and ecology management plan must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Implementation and maintenance of landscaping

9

All landscaping works must be carried out in accordance with the landscape and ecological management plan approved under requirement 8 (landscape and ecology management plan).

Stone curlew

10

• (1) No part of Work No. 10 may commence until an update of the offsetting habitat provision for stone curlews specification has been submitted to and approved by both relevant planning authorities, such approval to be in consultation with Natural England.

• (2) The specification submitted under sub-paragraph (1) must be substantially in accordance with the offsetting habitat provision for stone curlew specification.

• (3) No part of Work Nos. 1A, 1B, 2A, 2B, 3A, 3B, 6A, 6B, 7A, 7B, 8A and 8B may commence until the undertaker has provided the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification.

• (4) The undertaker must maintain the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification approved pursuant to sub-paragraph (1) throughout the construction and operation of the authorised development and during the carrying out of decommissioning works.

Fencing and other means of enclosure

11

• (1) No phase of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the framework 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.

• (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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.

• (3) For the purposes of requirement 11(1), “commence” includes any permitted preliminary works.

• (4) Any construction site must remain securely fenced in accordance with the approved details under paragraph 11(1) at all times during construction of the authorised development.

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

• (6) Prior to the date of final commissioning of any phase, any permanent fencing, walls or other means of enclosure for that phase approved pursuant to sub-paragraph (2) must be completed and properly maintained for the operational lifetime of the part of the authorised development enclosed by the permanent fencing, walls or other means of enclosure.

Surface and foul water drainage

12

• (1) No phase of the authorised development may commence until details of the surface water drainage strategy (including the results of the infiltration testing) and (if any) foul water drainage system (including means of pollution control) for that phase have been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable), the relevant internal drainage board and Anglian Water (in respect of its sewerage undertaker functions).

• (2) The surface water drainage strategy submitted under sub-paragraph (1) must be substantially in accordance with the drainage technical note and include details of bunded lagoons as required by the battery fire safety management plan approved pursuant to requirement 7.

• (3) Any strategy approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Archaeology

13

The authorised development must be carried out in accordance with the detailed archaeological mitigation strategy.

Construction environmental management plan

14

• (1) No phase of the authorised development may commence until a 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency.

• (2) The construction environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction environmental management plan.

• (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a construction resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.

• (4) For the purposes of requirement 14(1), “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, demolition of existing buildings and structures).

• (5) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.

Operational environmental management plan

15

• (1) Prior to the date of final commissioning for any phase, an operational environmental management plan 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency.

• (2) The operational environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework operational environmental management plan.

• (3) The operation of the authorised development must be carried out in accordance with the approved operational environmental management plan.

Construction traffic management plan and travel plan

16

• (1) No phase of the authorised development may commence until a construction traffic management plan and travel plan for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.

• (2) The construction traffic management plan and travel plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction traffic management plan and travel plan.

• (3) The construction traffic management plan and travel plan must be implemented as approved and maintained until the date of final commissioning.

• (4) No part of the permitted preliminary works for each phase may start until a permitted preliminary works traffic management and access plan for the permitted preliminary works for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.

• (5) The permitted preliminary works traffic management and access plan must be implemented as approved during construction.

Operational noise

17

• (1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.

• (2) The design as described in the operational noise assessment must be implemented as approved throughout construction and maintained during the operation of the authorised development.

Ground conditions

18

• (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising demolition 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. The written strategy must include geo-environmental investigations which must be designed with due consideration of the requirements of BS 10175:2011: +A2 2017: Investigation of Potentially Contaminated Sites – Codes of Practice (BSI).

• (2) If, during the carrying out of the authorised development, contamination not previously identified is found to be present no further development (unless otherwise agreed in writing with the relevant planning authority) may be carried out on the areas on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and approved by the relevant planning authority.

• (3) The strategy submitted pursuant to sub-paragraphs (1) and (2) must—

• (a) include a site investigation scheme, based on the preliminary risk assessment set out in chapter 16 of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development;

• (b) set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to paragraph (a) will be reported, and provide for the submission and approval by the relevant planning authority or both relevant planning authorities of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out; and

• (c) include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to paragraph (b) have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action.

• (4) The authorised development must be carried out in accordance with the strategies approved pursuant to sub-paragraph (1) and any remediation strategy approved pursuant to sub-paragraph (2).

Water management plan

19

• (1) No phase of the authorised development may commence until a water management plan for the construction of that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities, such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable) and the relevant internal drainage board. The water management plan must include—

• (a) details as to the management of water use and discharge during construction;

• (b) measures to manage surface water runoff during construction;

• (c) details as to the drainage system during construction;

• (d) details of water quality monitoring during construction;

• (e) a spill plan and details for pollution prevention including details on the training and tool box talks; and

• (f) roles and responsibilities.

• (2) The water management plan must be implemented as approved and maintained throughout the construction of the authorised development.

Skills, supply chain and employment

20

• (1) No phase of the authorised development may commence until a skills, supply chain and employment 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 West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.

• (2) The skills, supply chain and employment plan submitted under sub-paragraph (1) must be substantially in accordance with the outline skills, supply chain and employment plan.

• (3) The skills, supply chain and employment 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.

• (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the construction and operation of the authorised development and during the carrying out of decommissioning works.

Permissive paths

21

• (1) Prior to the construction of the permissive paths, the undertaker must submit the permissive path details to the relevant planning authority for approval, such details to cover—

• (a) final routing of each permissive path to be provided, such routing to be substantially in accordance with the routing as shown on the plans contained within the outline landscape and ecological management plan;

• (b) the specification of each permissive path; and

• (c) the maintenance regime for each permissive path.

• (2) Where a phase of the authorised development includes a permissive path or paths, the permissive path or paths must be provided and open to the public prior to the date of final commissioning in respect of that phase.

• (3) The permissive paths must be provided and maintained by the undertaker in accordance with the permissive path details and retained until the part of the authorised development in which the permissive path is located is decommissioned pursuant to requirement 22.

Decommissioning and restoration

22

• (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, or no later than 6 months before the 40th anniversary of the date of final commissioning, whichever is the earlier, 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 West Suffolk and the District of East Cambridgeshire) for approval a decommissioning environmental management plan for that part. Decommissioning will commence no later than 40 years following the date of final commissioning.

• (2) The decommissioning environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the relevant part of the framework decommissioning environmental management plan.

• (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.

• (4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has or have approved the plan submitted under sub-paragraph (1) in relation to such works.

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

• (6) Within 28 days of ceasing operations at any part of the authorised development the undertaker must notify the relevant planning authority (or both relevant planning authorities where that part falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire) in writing of the date it ceased operations for that part.

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

Crash site exclusion area

23

• (1) No part of the authorised development may take place within the crash site exclusion area.

• (2) Work No. 1A must not commence until the undertaker has confirmed to Cambridgeshire County Council that either—

• (a) a licence under the Protection of Military Remains Act 1986 has been obtained in respect of the carrying out of Work No. 1A within the potential expanded crash site exclusion area; or

• (b) a licence under the Protection of Military Remains Act 1986 has not been obtained in respect of the carrying out of Work No. 1A and that therefore no part of the authorised development will take place within the potential expanded crash site exclusion area.

• (3) If the undertaker makes a confirmation under sub-paragraph (2)(b) then no part of the authorised development is to take place within the potential expanded crash site exclusion area.

• (4) The date of final commissioning of Work No. 1A must not take place until a bomber crash site interpretation scheme has been submitted to and approved by Cambridgeshire County Council, in consultation with Isleham Parish Council, and the undertaker has carried out the bomber crash site interpretation scheme.

• (5) For the purposes of this paragraph ‘bomber crash site interpretation scheme’ means a scheme which—

• (a) sets out the location, design and content of an interpretation board and commemorative plaque relating to the history of the bomber crash that took place within the limits of deviation of Work No. 1A in October 1949; and

• (b) includes an explanation of how the scheme will work with and be consistent with the detailed landscape and ecology management plan that has been approved pursuant to requirement 8 in respect of a phase of the authorised development that includes Work No. 1A.

Public rights of way

24

• (1) The undertaker must not exercise the power conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order in relation to a public right of way until the scope of the pre-commencement condition surveys for the extents of that public right of way have been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.

• (2) The condition survey must be carried out substantially in accordance with the scope approved pursuant to sub-paragraph (1) and the outcomes of the survey must be submitted to the relevant county authority, or where the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.

• (3) The undertaker must not exercise the powers conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order until a scope of the reinstatement plan for the extents of the public rights of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) within the pre-commencement surveys approved pursuant to sub-paragraph (1) and a timeline for the reinstatement works has been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development and so far as the provisions still in force are incompatible with the powers contained within this Order—

• (a) Bedford Level Act 1663⁴⁹;

• (b) Hundred Foot River and Ouse: Bedford Level Act 1756⁵⁰;

• (c) Bedford Level: Drainage Act 1757⁵¹;

• (d) Isle of Ely, Suffolk, Norfolk Drainage Act 1759⁵²;

• (e) Bedford Level Act 1789⁵³;

• (f) Bedford Level (Cam, Ouse and Mildenhall Rivers) Drainage Act 1800⁵⁴;

• (g) Bedford Level (Mildenhall River) Drainage Act 1807⁵⁵;

• (h) Isle of Ely (Mildenhall River) Drainage Act 1807⁵⁶;

• (i) Bedford Level Drainage and Ouse Navigation Act 1819⁵⁷;

• (j) Fen Drainage Act 1823⁵⁸;

• (k) Bedford Level Drainage Act 1827⁵⁹;

• (l) Norfolk Drainage Act 1834⁶⁰;

• (m) Burwell Drainage and Lodes Navigation Act 1841⁶¹;

• (n) Fen Lands Drainage Act 1843⁶²

• (o) South Level and Eau Brink Act 1893⁶³;

• (p) Canal Tolls and Charges (Burwell Fen &c.) Order Confirmation Act 1896⁶⁴;

• (q) River Great Ouse (Flood Protection) Act 1949⁶⁵;

• (r) Ely Ouse-Essex Water Act 1968⁶⁶;

• (s) Anglian Water Authority Act 1977⁶⁷; and

• (t) Swaffham Internal Drainage Board Byelaws.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule “cable works” means works to place, retain and maintain underground electrical and communications apparatus.