The Gate Burton Energy Park Order 2024

• (1) Subject to sub-paragraphs ‎(2) and ‎(3), if by reason or in consequence of the construction, use, maintenance or failure of any of the works referred to in paragraph ‎207(2) by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Northern Powergrid, or there is any interruption in any service provided by Northern Powergrid, or Northern Powergrid becomes liable to pay any amount to a third party the undertaker must—

• (a) bear and pay the cost reasonably incurred by Northern Powergrid in making good such damage or restoring the supply; and

• (b) indemnify Northern Powergrid for other reasonable expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Northern Powergrid, by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph ‎(1) imposes any liability on the undertaker with respect to—

• (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of Northern Powergrid, its officers, employees, servants, contractors or agents; or

• (b) any authorised development and/or other works authorised by this Part of this Schedule carried out by Northern Powergrid as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article ‎33 (consent to transfer the benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”) any works yet to be executed by the undertaker and not falling within this paragraph will be subject to the full terms of this Part of this Schedule including this paragraph in respect of such new apparatus.

• (3) Northern Powergrid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Northern Powergrid must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph ‎211 applies. If requested to do so by the undertaker, Northern Powergrid must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph ‎(1). The undertaker shall only be liable under this paragraph ‎211 for claims reasonably incurred by Northern Powergrid.

• (5) Subject to sub-paragraphs ‎(3) and ‎(4), the fact that any act or thing may have been done by Northern Powergrid on behalf of the undertaker or in accordance with a plan approved by Northern Powergrid or in accordance with any requirement of Northern Powergrid as a consequence of the authorised development or under its supervision will not (unless sub-paragraph ‎(2) applies), excuse the undertaker from liability under the provisions of this sub-paragraph ‎(5) where the undertaker fails to carry out and execute the works properly with due care and attention and in a skillful and workman like manner or in a manner that does not materially accord with the approved plan or as otherwise agreed between the undertaker and Northern Powergrid.

212

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Northern Powergrid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.

213

Any difference under the provisions of this Part of this Schedule, unless otherwise agreed, is to be referred to and settled by arbitration in accordance with article ‎40 (arbitration).

214

Where in consequence of the proposed construction of any of the authorised development, the undertaker or Northern Powergrid requires the removal of apparatus under paragraph ‎207 or otherwise or Northern Powergrid makes requirements for the protection or alteration of apparatus under paragraph ‎209, the undertaker shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the need to ensure the safe and efficient operation of Northern Powergrid’s apparatus taking into account the undertaker’s desire for the efficient and economic execution of the authorised development and the undertaker and Northern Powergrid shall use reasonable endeavours to cooperate with each other for these purposes.

215

The plans submitted to Northern Powergrid by the undertaker pursuant to this Part of this Schedule must be sent to Northern Powergrid at property@northernpowergrid.com or such other address as Northern Powergrid may from time to time appoint instead for that purpose and notify the undertaker in writing.

216

Prior to carrying out any works within the Order limits, Northern Powergrid must give written notice of the proposed works to the undertaker, such notice to include full details of the location of the proposed works, their anticipated duration, access arrangements, depths of the works, and any other information that may impact upon the works consented by the Order.

217

Where practicable, the undertaker and Northern Powergrid will make reasonable efforts to liaise and co-operate in respect of information that is relevant to the safe and efficient construction operation and maintenance of the authorised development. Such liaison shall be carried out where any works are—

• (a) within 15m of any above ground apparatus; or

• (b) within 15m of any apparatus and are to a depth of between 0 to 4m below ground level.

PART 17 — FOR THE PROTECTION OF UNIPER UK LIMITED

218

For the protection of Uniper as referred to in this Part of this Schedule, the following provisions will, unless otherwise agreed in writing between the undertaker and Uniper, have effect.

219

In this part of this Schedule—

• “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and (ii) “A3” if the rating is assigned by Moody’s Investors Services Inc.;

• “acceptable insurance” means a third party liability insurance effected and maintained by the undertaker or its contractor with a limit of indemnity of not less than £50,000,000 (fifty million pounds) per occurrence or series of occurrences arising out of one event or such lower amount as approved by Uniper, whether arising pursuant to the undertaker or any person on its behalf. Such insurance must be maintained for the construction and operational period of the authorised development which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider” (including any replacement insurance pursuant to sub-paragraph 227(6)), such policy must include (but without limitation)—a waiver of subrogation and an indemnity to principal clause in favour of Uniper; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from pollution, contamination or environmental harm with cover of £10,000,000 (ten million pounds) per event or £20,000,000 (twenty million pounds) in aggregate;

• “acceptable security” means either—a parent company guarantee from a parent company in favour of Uniper to cover the undertaker’s liability to Uniper to a cap of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty five million pounds) (in a form reasonably satisfactory to Uniper and where required by Uniper, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee) including any replacement parent company pursuant to sub-paragraph 227(6); ora bank bond or letter of credit from an acceptable credit provider in favour of Uniper to cover the undertaker’s liability to Uniper for an amount of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty-five million pounds) (in a form reasonably satisfactory to Uniper) which includes any replacement bank bond or letter of credit pursuant to sub-paragraph 227(6);

• “alternative apparatus” means alternative apparatus to the satisfaction of Uniper to enable Uniper to fulfil its functions in a manner no less efficient than previously;

• “apparatus” means—any fixed and moveable items, which forms, or may form, part of Uniper’s system, including cavities, chambers, pipelines, valves, ventilators, pumps, compressors, pumping or compression systems, control systems and any associated cables (including high voltage, low voltage and datacoms) and any equipment in which electrical conductors are used, supported, or otherwise form, or may form, part of the system, cathodic protection systems, roads, compounds and equipment owned by Uniper; orany other equipment or apparatus belonging to or maintained by Uniper or apparatus and such other equipment or apparatus constructed that becomes operational for the purposes of Uniper’s functions including any structure in which equipment or apparatus is, or will be, lodged or which gives, or will give, access to apparatus; orany replacement equipment or apparatus as required or determined by Uniper;

• “as-built” records” means each as-built record or document prepared by the undertaker or delivered to the undertaker by its subcontractors or any other person carrying out the specified works;

• “authorised development” has the same meaning as in article 2 of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;

• “commence” has the same meaning as in article 2 of this Order and commencement will be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms commence and commencement include operations consisting of ecological or archaeological investigations, investigations for the purpose of assessing and monitoring ground conditions and levels (including drilling and making trial or bore holes), remedial work in respect of any pollution, contamination or other adverse ground conditions, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, diversion and laying of underground apparatus (including cables) and site clearance (including removal of vegetation) or any other activities being undertaken under, over, across, along or upon the apparatus or alternative apparatus in land;

• “confidential information” means information exchanged during the negotiation or performance of this Part of this Schedule, which is identified in writing by the furnishing party as being confidential at the time of disclosure to the other party;

• “deed of consent” means a deed of consent, crossing or proximity agreement, deed of easement, deed of variation or new deed of grant agreed between the parties;

• “emergency works” has the meaning given to it in section 52 of the 1991 Act;

• “good industry practice” means exercising the degree of skill, diligence, prudence, foresight and care reasonably expected of a skilled and experienced solar developer, which includes obtaining all necessary permits and compliance with any safety rules;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

• “including” or “include” are to be construed without limitation, and such general words are not to be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words and references to “such as” or “for example” must be construed accordingly;

• “insolvency related event” means, in respect of any person, any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of such person in relation to the Banking Act 2009 special resolution regime or for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress (or the taking control of goods procedure set out in the Tribunals, Courts and Enforcement Act 2007) or execution in any jurisdiction or such person becomes insolvent or is unable or is deemed unable to pay its debts, suspends making payments on its debts, as they fall due in accordance with the law of any application jurisdiction;

• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Uniper including retain, lay, construct, use, maintain, repair, protect, access, alter, inspect, renew, replace, enlarge, decommission or remove the apparatus or alternative apparatus;

• “Order” means the Gate Burton Energy Park Order 2024;

• “parent company” means—a parent company of the undertaker acceptable to and which must have been approved by Uniper acting reasonably; orwhere a parent company is subject to an insolvency related event, a replacement parent company approved by Uniper acting reasonably;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and mitigation measures (including but not limited to integrity reports), earthing philosophies, proposed land and road crossings and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “representative” means Uniper’s directors, officers, employees, agents, consultants and advisers;

• “specified works” means any of the authorised development or activities undertaken in association with the authorised development which—will or may be situated over, under, across, along, upon or within 15 metres measured in any direction of any apparatus, excluding any high pressure pipelines to which sub-paragraph (b) below shall apply;will or may be situated over, under, across, along, upon or within 50 metres measured in any direction of any high pressure pipeline; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 225 or otherwise.

• “undertaker” has the same meaning as in article 2(1) of the Order;

• “Uniper” means Uniper UK Limited incorporated in England with company number 2796628 and whose registered office is at Compton House 2300 The Crescent, Birmingham Business Park, Birmingham, England, B37 7YE.

220

Except for paragraphs 221 (apparatus of Uniper in temporarily closed streets), 224 (retained apparatus), 225 (removal or replacement of apparatus), 226 (expenses) and 227 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Uniper, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Uniper are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of Uniper in temporarily closed streets

221

Regardless of the stopping up or diversion of any highway under the powers of article 11 (temporary closure of streets and public rights of way), Uniper will be at liberty at all times to take all necessary access across any such temporarily stopped up highway and to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary stopping up or diversion in respect of any apparatus which at the time of the temporary stopping up or diversion was in that highway.

Protective works to buildings

222

The undertaker, in the case of the powers conferred by article 16 (protective works to buildings), must exercise those powers in accordance with paragraph 224 of this Part of this Schedule, so as not to obstruct or render less convenient the access to any apparatus or alternative apparatus.

Acquisition of land

223

• (1) Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 11 (temporary closure of streets and public rights of way), Uniper is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

• (2) Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Retained apparatus

224

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Uniper at the address stated in paragraph 232, a plan in respect of those works.

• (2) The plan to be submitted to Uniper under sub-paragraph (1) must include all comprehensive risk assessments (including any quantitative risk assessments) and any method statement describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) any changes to the land drainage systems, temporary crossing designs, traffic management plans, health and safety management plans, emergency response plans, planned changes or rerouting of any assets and their corresponding design codes, earth schedules and earthing risk assessments;

• (g) any recommendations or mitigation measures to avoid interference with, or loss or damage to the apparatus (including damage caused by passing over the apparatus by heavy construction machinery) and related remedies should such mitigation measures fail;

• (h) any intended maintenance regimes; and

• (i) a programme of the works, including any proposed start dates and the anticipated duration of the works.

• (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Uniper has given written approval of the plan so submitted and the undertaker and Uniper have used reasonable endeavours to carry out a joint site walk in the period 4 weeks before commencement of the works. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by Uniper, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

• (4) Any approval of Uniper required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraphs (5) or (8); and

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to any work to which sub-paragraphs (1) or (2) apply, the undertaker will provide any additional information or documentation as reasonably requested by Uniper and Uniper may require modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) and (2) or as relevant sub-paragraph (4) and (5), as approved or as amended from time to time by agreement between the undertaker and Uniper and in accordance with all conditions imposed under subparagraph 4(a) by Uniper for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Uniper (or its representative) will be entitled to attend any meetings related to the specified works and watch, monitor and inspect the execution of those works.

• (7) If, during the carrying out of the authorised development, any aspect of the works pose a risk of interference with or loss or damage to the apparatus, the undertaker will immediately notify Uniper, in writing and submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this paragraph 224 (retained apparatus) will apply to, and in respect of, the revised plan. If Uniper (or its representative) identifies a potential risk of interference with or loss or damage to the apparatus while watching, monitoring or inspecting the specified works, then Uniper (or its representative) may request suspension of such works. The undertaker will then submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this this sub-paragraph will apply to, and in respect of, the revised plan. Uniper’s (or its representative’s) failure or delay in exercising this right, or the undertaker’s failure to suspend the specified works upon request by Uniper (or its representative), will not relieve the undertaker of its responsibility for any interference with, loss of, or damage to the apparatus.

• (8) Where Uniper requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Uniper’s satisfaction (acting reasonably) prior to the commencement.

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works, provided that—

• (a) in respect of danger to persons it must give to Uniper notice as soon as is reasonably practicable by calling Uniper’s emergency telephone line on 0800 389 4795 or such other telephone number notified by Uniper to the undertaker in writing; and

• (b) in respect of danger to property it shall notify Uniper in accordance with subparagraph (10)(a) above, before any emergency works are commenced by or on behalf of the undertaker, and, in each case, as soon as is reasonably practicable give to Uniper a plan of those works and must—

• (i) comply with sub-paragraphs (5), (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

• (ii) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with, and use reasonable endeavours to procure compliance by any party acting on its behalf with, all applicable law and good industry practice. The undertaker must procure that any party carrying out any works on the land on its behalf has knowledge of the apparatus, its location (including as illustrated by a site map) and procure that the obligations contained in this Part of this Schedule are adhered to by such parties working on the land on its behalf.

• (12) The undertaker must prepare, and keep up-to-date, a complete set of red-lined “as-built” records of the execution of the specified works, showing the exact as-built locations, sizes and details of such works as executed. The undertaker must submit to Uniper, no later than twenty (20) business days after the completion of the specified works, all “as-built” records. Uniper may specify the number of copies of any “as built” records acting reasonably.

Removal or replacement of apparatus

225

• (1) The undertaker is not permitted to remove, move or replace any apparatus in land without the prior written consent of Uniper (such consent not to be unreasonably withheld or delayed).

• (2) If, in the exercise of the powers conferred by this Order, the undertaker has exercised its compulsory purchase powers to acquire any interest in or possesses temporarily any Order land in which any apparatus is placed and has the power to move, replace or remove that apparatus, it must not do so under this Part of this Schedule and any right of Uniper to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of Uniper in accordance with sub-paragraphs (3) to (6) inclusive.

• (3) If, for the purpose of executing any specified works in, on, under or over any land held, appropriated or used under this Order pursuant to exercising its compulsory purchase powers the undertaker requires the replacement or removal of any apparatus placed in that land it must give to Uniper no less than 56 days advance written notice of that requirement, together with a plan of the work proposed, and where applicable, the proposed replacement apparatus or the position of any alternative apparatus to be provided or constructed and in that case provided that where:

• (a) the undertaker requires the replacement of any apparatus placed in that land, it must be replaced with identical apparatus, provided that if identical apparatus is not available, it must be either—

• (i) replaced with apparatus on a similar or equivalent basis (i.e. like-for-like basis); or

• (ii) where it cannot be replaced on a similar or equivalent basis, then it must be replaced with enhanced apparatus. For the avoidance of doubt, no apparatus will be replaced with anything less advanced than the apparatus being replaced.

• (b) the undertaker requires the removal of any apparatus placed in that land (or if in consequence of the exercise of any of the powers conferred by this Order Uniper reasonably needs to remove any of its apparatus) Uniper must, subject to sub-paragraph (4), secure any necessary consents for the alternative apparatus and afford to Uniper to its satisfaction the necessary facilities and rights for the construction of alternative apparatus in other land of or land secured by Uniper and subsequently for the maintenance of that apparatus, and prior to any removal or any replacement of the apparatus pursuant to this paragraph 225, the parties must agree the value attributable to such apparatus or alternative apparatus, prior to any replacement or removal. If such value cannot be agreed between the parties, such value will be determined in accordance with paragraph 231 (arbitration).

• (4) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (3), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker must take all steps required in the circumstances to assist Uniper to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (5) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker and Uniper.

• (6) Uniper must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written agreement having been entered into between the parties and the grant to Uniper of any such facilities and rights as are referred to in sub-paragraph (3) or (4), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Expenses

226

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to Uniper within 30 days of receipt of an invoice, all charges, costs and expenses reasonably anticipated or incurred by Uniper in, or in connection with, the inspection, removal, relaying or replacing, alteration, repair, remediation or restoration of or protection of any apparatus or alternative apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any powers conferred on the undertaker, pursuant to the Order (including in the execution of any authorised development as is referred to in this Part of this Schedule) including without limitation—

• (a) in connection with the cost of the carrying out of any assessment of Uniper’s apparatus under Pipelines Safety Regulations 1996 and Gas Safety (Management) Regulations 1996 reasonably necessary as a consequence of the authorised development;

• (b) implementing any mitigation measures required as a result of any assessment referred to in sub-paragraph (a) reasonably necessary as a consequence of the authorised development;

• (c) the approval of plans;

• (d) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

• (e) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

• (2) For the purposes of calculating the sums payable pursuant to sub-paragraph (1) above, in the case of the replacement or removal of apparatus, the following applies—

• (a) where apparatus is removed under the provisions of this Part of this Schedule and which will not be re-used as part of the apparatus or alternative apparatus, there will be excluded from any sum payable under sub-paragraph (1) the value of the apparatus being removed; and

• (b) subject to sub-paragraph 225(3)(a), when replacing existing apparatus, there will be deducted from any sum payable under sub-paragraph (1) the value of that apparatus being removed under the provisions of this Part of this Schedule and which is not re-used as part of the apparatus or alternative apparatus, except that the value of any apparatus or alternative apparatus used to replace the apparatus being removed will be included in the sum payable under sub-paragraph (1), such value being agreed between the parties (or as determined in accordance with paragraph 231 (arbitration) prior to any removal or replacement of the apparatus, provided that, in each case, all charges, costs and expenses reasonably incurred, or reasonably anticipated to be incurred, by Uniper in, or in connection with the works required for the removal or replacement of such apparatus will be included in the sum payable under sub-paragraph (1).

• (3) If, in accordance with sub-paragraph 226(2) of this Part of this Schedule, any existing apparatus is replaced with enhanced apparatus where the undertaker’s consent has not been obtained by Uniper (or where disputed in accordance with paragraph 231 (arbitration), decided not to be necessary), then, if the construction expenses for this replacement surpass the construction expenses that would have been paid for similar or equivalent apparatus then any excess costs will be borne by Uniper, except that where it is not possible in the circumstances to obtain similar or equivalent apparatus, full costs will be payable by the undertaker.

• (4) Any amount which apart from this sub-paragraph would be payable to Uniper in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Uniper any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

227

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the authorised development or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by them) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any loss or damage is caused to any apparatus, alternative apparatus or property of Uniper, or there is any interruption in any services provided, or in the supply of any goods, or in the use of the apparatus or alternative apparatus (as applicable) by Uniper, the undertaker must—

• (a) bear and pay the costs reasonably and properly incurred by Uniper in making good such loss or damage or in restoring the supply or its use;

• (b) make compensation to Uniper for any other expenses, loss, damages, penalty or costs incurred by Uniper, by reason or in consequence of any such loss, damage or interruption; and

• (c) indemnify Uniper for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Uniper, by reason or in consequence of any such damage or interruption or Uniper becoming liable to any third party (an “Indemnity Claim”).

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—

• (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of Uniper or its representatives; or

• (b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable.

• (3) Uniper must give the undertaker reasonable notice of an Indemnity Claim and no settlement or compromise is to be made that is prejudicial to the undertaker without the consent of the undertaker (not to be unreasonably withheld) which, if it withholds such consent, it will assume the sole conduct of the Indemnity Claim, provided that if the undertaker does not assume the sole conduct of the Indemnity Claim within 30 days of the Indemnified Claim being notified to it, Uniper, or a person designated by Uniper, may conduct the Indemnity Claim in such manner as it may deem appropriate and the undertaker will indemnify Uniper for any costs and expenses incurred in connection with defending any such Indemnity Claim.

• (4) The undertaker will give assistance to Uniper, as requested, in connection with an Indemnity Claim (including circumstances where Uniper reasonably believes may give rise to an action, claim or demand by a third party).

• (5) The undertaker undertakes not to commence construction (and not to permit the commencement of such construction) of the authorised development on any land owned by Uniper or in respect of which Uniper has an easement, wayleave or lease for its apparatus or any other interest or to carry out any works within 15 metres of Uniper’s apparatus (except in respect of any high pressure pipelines) or within 50 metres of Uniper’s high pressure pipelines until the following conditions are satisfied—

• (a) unless and until Uniper is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it will maintain such acceptable security for the construction period of the authorised development from the proposed date of commencement of construction the authorised development) and Uniper has confirmed the same to the undertaker in writing; and

• (b) unless and until Uniper is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to Uniper that it will maintain such acceptable insurance for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and Uniper has confirmed the same in writing to the undertaker.

• (6) The undertaker agrees that if, at any time, the acceptable security or acceptable insurance expires or terminates, ceases to fulfil the criteria of acceptable security or acceptable insurance, ceases to be in full force and effect or becomes invalid or unenforceable for the purpose of this Part of this Schedule or an insolvency-related event occurs in respect of the undertaker, then the relevant security or insurance will no longer constitute acceptable security or acceptable insurance and will promptly be replaced by the undertaker with alternative acceptable security or acceptable insurance as approved by the undertaker, to the extent any acceptable insurance and acceptable security is still required under this Part of this Schedule.

• (7) In the event that the undertaker fails to comply with sub-paragraph (4) nothing in this Part of this Schedule will prevent Uniper from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

• (8) Uniper must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within Uniper’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Uniper’s control and if reasonably requested to do so by the undertaker Uniper must provide an explanation of how the claim has been minimised, where relevant.

Co-operation

228

• (1) Where in consequence of the proposed construction of any of the authorised development, Uniper makes requirements for the protection or alteration of apparatus under paragraphs 224(5) or 224(7), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe, efficient and economic operation of Uniper’s apparatus and Uniper must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) For the avoidance of doubt whenever Uniper’s consent, agreement or approval to is required in relation to plans, documents or other information submitted by Uniper or the taking of action by Uniper, it must not be unreasonably withheld or delayed.

Access

229

If in consequence of the agreement reached in accordance with paragraph 223(1) of this Part or otherwise as granted by this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Uniper (or representative) in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Uniper (or its representative) to maintain or use the apparatus no less effectively than was possible before such obstruction. For the avoidance of doubt, Uniper (or its representative) will be entitled to access its apparatus in the land at all times.

Confidentiality

230

• (1) Each party must treat any confidential information as private and confidential. The party in receipt of any confidential information from the other party may not use it for a purpose other than for the performance of its obligations under this Part of this Schedule and must not disclose confidential information received from the other party to any person, provided that a party may disclose confidential information to any of its directors, other officers, employees, contractors, customers, affiliates, insurers, funders, advisers or consultants to the extent that disclosure is reasonably necessary for the purposes of this Part of this Schedule.

• (2) Sub-paragraph (1) does not apply to confidential information—

• (a) which is at the date of commencement, or at any time after that date becomes, publicly known other than by breach of sub-paragraph (1);

• (b) which was known by the receiving party before disclosure by the other party to the receiving party, provided that such confidential information was lawfully obtained; or

• (c) to the extent disclosure of the confidential information is required by laws, the instructions of a competent governmental authority or such competent authority acting on behalf of such governmental authority, or the rules of a relevant and recognised stock exchange.

Arbitration

231

Any difference or dispute arising between the undertaker and Uniper under this Part of this Schedule must be determined by arbitration in accordance with article 40 (arbitration) unless otherwise agreed between the Parties acting reasonably.

Notices

232

Any notice, statement, request, plan or any other written communication (including the plan to be provided at paragraph 224) to be given or made in respect of this Part of this Schedule by the undertaker must be given or made in writing to the address stated below or such other address as Uniper may have notified to the undertaker from time to time.

• Name-Uniper Pipelines Team

• Address-Pipelines Office, Uniper Killingholme Power Station, Chase Hill Road, Killingholme, North Lincolnshire, DN40 3LU

• Contact - Lead Pipeline Engineer

SCHEDULE 15 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

1

In this Schedule—

• “requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement;

• “start date” means the date of the notification given by the Secretary of State under paragraph ‎4(2)(c); and

• “working day” means any day other than a Saturday, Sunday or English bank or public holiday.

Applications made under requirement

2

• (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker must also submit a copy of that application to any requirement consultee.

• (2) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application within a period of ten weeks beginning with the later of—

• (a) the day immediately following that on which the application is received by the authority;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph ‎3; or

• (c) such longer period that is agreed in writing by the undertaker and the relevant planning authority.

• (3) Subject to paragraph ‎4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph ‎(2), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (4) Any application made to the relevant planning authority pursuant to sub-paragraph ‎(2) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are.

• (5) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph ‎(2) and is accompanied by a report pursuant to sub-paragraph ‎(4) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

Further information and consultation

3

• (1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 20 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 10 working days of receipt of the application, and must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 10 working days of receipt of such a request and in any event within 20 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority).

• (4) In the event that the relevant planning authority does not give notification as specified in sub-paragraph ‎(2) or ‎(3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

• (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph ‎2 and paragraph 3.

Appeals

4

• (1) The undertaker may appeal in the event that—

• (a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

• (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph ‎2(5);

• (c) on receipt of a request for further information pursuant to paragraph ‎3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The steps to be followed in the appeal process are as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(2), giving rise to the appeal referred to in sub-paragraph (1);

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;

• (c) the Secretary of State must appoint a person to determine the appeal as soon as reasonably practicable and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;

• (d) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph ‎(d);

• (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph ‎(e); and

• (g) the appointment of the person pursuant to sub-paragraph ‎(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within five working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required.

• (4) Any further information required pursuant to sub-paragraph ‎(3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs ‎(d) to ‎(f) of sub-paragraph ‎(2) apply.

• (5) The appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to them in the first instance.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph ‎(11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Fees

5

• (1) Where an application is made to the relevant planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00076] (as may be amended or replaced from time to time) is to apply for the discharge of each requirement (whether dealt with in separate applications or combined within a single application) and must be paid to the relevant planning authority for each application.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—

• (a) the application being rejected as invalidly made; or

• (b) the relevant planning authority failing to determine the application within the relevant period in paragraph ‎2(2) or paragraph ‎2(3) unless—

• (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or

• (ii) a longer period of time for determining the application has been agreed pursuant to paragraph ‎2(2) or ‎2(3) of this Schedule, as applicable.

SCHEDULE 16 — HEDGEROWS TO BE REMOVED

(1) Area	(2) Number of hedgerow and extent of removal	(3) Purpose of removal
West Lindsey District Council	Removal of part of the hedgerow, along the southern side of Kexby Lane/B1241 within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 2 of 14), reference R1	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 1 of 14), reference R2	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, along the northern side of the proposed BESS, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 3 and 4 of 14), reference R3	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow on the eastern verge of the proposed A156 access point within the Order limits, as shown approximately within the area identified by purple shading on the vegetation removal plan (Sheet 3 of 14), reference R4	To facilitate construction of the authorised development
West Lindsey District Council	Removal of a number of small sections of hedgerow within the Order limits, as shown approximately within the area identified by purple circular shading on Sheets 1 to 8 of the vegetation removal plan	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 9 of 14), reference R5	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 9 of 14), reference R6	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 9 of 14), reference R7	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 9 and 10 of 14), reference R8	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 9 and 10 of 14), reference R9	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 9 and 10 of 14), reference R10	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 9 and 10 of 14), reference R11	To facilitate construction of the authorised development
West Lindsey District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 10 of 14), reference R12	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R13	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R14	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R15	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R16	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R17	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 11 of 14), reference R18	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 11 and 12 of 14), reference R19	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 11 and 12 of 14), reference R20	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 12 of 14), reference R21	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 12 of 14), reference R22	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 12 of 14), reference R23	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 12 and 13 of 14), reference R24	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 12 and 13 of 14), reference R25	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 12 and 13 of 14), reference R26	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 14 of 14), reference R27	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 13 and 14 of 14), reference R28	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheets 13 and 14 of 14), reference R29	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 14 of 14), reference R30	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 14 of 14), reference R31	To facilitate construction of the authorised development
Bassetlaw District Council	Removal of part of the hedgerow within the Order limits, as shown approximately within the area identified by purple rectangular shading on the vegetation removal plan (Sheet 14 of 14), reference R32	To facilitate construction of the authorised development

SCHEDULE 17 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) TPO reference
Individual TPO – Species: Oak	Potential felling or lopping of trees or works to trees to permit the construction of the authorised development.	Work No. 8	TPO 1112 – Field OS 123, Adj. A156, Knaith. West Lindsey District Council.
Individual TPO – Species: Ash	Potential felling or lopping of trees or works to trees to permit the construction of the authorised development.	Work No. 4b	TPO 659 – Field OS 161 & OS 171, Marton. West Lindsey District Council.
Individual TPO – Species: Ash	Potential felling or lopping of trees or works to trees to permit the construction of the authorised development.	Work No. 5	TPO 665 – Field OS 7 & OS 39, Brampton. West Lindsey District Council.
Individual TPO – Species: Willow	Potential felling or lopping of trees or works to trees to permit the construction of the authorised development.	Work No. 4b	TPO 664 – Field OS 3, Brampton. West Lindsey District Council.

Signed

Signed by authority of the Secretary of State

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 12th July 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Gate Burton Energy Park Limited (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a ground mounted solar photovoltaic generating station with a gross electrical output capacity over 50 megawatts and associated development. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of the Order plans and the book of reference mentioned in the Order and certified in accordance with article ‎38 (certification of plans and documents, etc) of this Order may be inspected free of charge during working hours at Lincolnshire County Council, County Offices, Newland, Lincoln LN1 1YL.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, 2017/572 and S.I. 2018/378.

[^f00003]: S.I. 2010/103.

[^f00004]: As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00005]: S.I. 2017/572.

[^f00006]: Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011.

[^f00007]: As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00008]: As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00009]: As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00010]: As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00012]: 1961 c. 33.

[^f00013]: 1965 c. 56.

[^f00014]: 1980 c. 66.

[^f00015]: 1981 c. 66.

[^f00016]: 1984 c. 27.

[^f00017]: 1989 c. 29.

[^f00018]: 1990 c. 8.

[^f00019]: 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00020]: 2008 c. 29.

[^f00022]: As amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00023]: “highway” is defined in section 328(1). For “highway authority” see section 1.

[^f00024]: 2006 c. 46.

[^f00025]: 1981 c. 67.

[^f00026]: 2003 c. 21.

[^f00027]: “street authority” is defined in section 49 which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act (c. 7).

[^f00028]: 2006 c. 46.

[^f00029]: Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015; and S.I. 1999/1920 and S.I 2001/1400.

[^f00030]: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00031]: Section 32 was amended by S.I. 2013/755.

[^f00032]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).

[^f00033]: Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to the 2009 Act and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

[^f00034]: 1991 c. 56. Section 118 was amended by sections 2(2)(b) and 5(5)(f) of the Environment Act 1995 (c. 25) and sections 66(2)(a) and (b) of the Environment (Wales) Act 2016 (anaw 3).

[^f00035]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.

[^f00036]: 2017 c. 20.

[^f00037]: Section 9 was amended by section 4 of, and paragraph 141 of, Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.

[^f00038]: S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments but none are relevant to this Order.

[^f00039]: 1990 c. 43.

[^f00040]: 1974 c. 40.

[^f00041]: S.I. 2016/362.

[^f00042]: S.I. 2011/935.

[^f00043]: 2004 c. 18.

[^f00044]: 1991 c. 56.

[^f00045]: S.I. 2016/1154.

[^f00046]: 1991 c. 57.

[^f00047]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00048]: 2003 c. 21.

[^f00049]: S.I. 1997/1160.

[^f00050]: 1978 c. 30.

[^f00051]: 1845 c. l.

[^f00052]: 1846 c. lxxi.

[^f00053]: 1846 c. ccciv.

[^f00054]: 1847 c. cxc.

[^f00055]: 1887 c. cxv.

[^f00056]: 1906 c. lvii.

[^f00057]: 1907 c. lxxviii.

[^f00058]: 1928 c. lxvii.

[^f00059]: 1971 c. xiii.

[^f00060]: 1977 c. i.

[^f00061]: 1973 c. 26.

[^f00062]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00063]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00064]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00065]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Court Act 1971 (c. 23) and paragraphs (2) and (4) of Schedule 16 to the Housing and Planning Act 2016.

[^f00066]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00067]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00068]: 1989 c. 29.

[^f00069]: 1991 c. 56.

[^f00070]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27)

[^f00071]: 2003 c. 21.

[^f00072]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c.27).

[^f00073]: 1989 c.29.

[^f00074]: 1993 c. 43.

[^f00075]: 2006 c. 46.

[^f00076]: S.I. 2012/2920 amended by S.I. 2013/2153, S.I. 2014/357, S.I. 2014/643. S.I. 2017/1314 and S.I. 2019/1154.

Application of Part 1 of the 1965 Act

Editorial notes

[^key-004d25cb77ee98d52dafeaa64bf1736b]: Sch. 6 Pt. 5 in force at 3.8.2024, see art. 1

[^key-0185f985dead6348acec928fd8f9ffb3]: Sch. 14 para. 187 in force at 3.8.2024, see art. 1

[^key-01a2e7982e3b0233ecf9b137ce5f379e]: Sch. 14 para. 25 in force at 3.8.2024, see art. 1

[^key-01a8d365e5ea62b229b4ea2a8f430149]: Sch. 16 in force at 3.8.2024, see art. 1

[^key-0213a856f2f2b36386f07b88d3fd0bb8]: Word in Sch. 12 Pt. 2 inserted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

[^key-022c11d20f15216141f1a5200b09612b]: Sch. 14 para. 59 in force at 3.8.2024, see art. 1

[^key-023e7f9cd79cdd1cb14c1237c52c026a]: Art. 42 in force at 3.8.2024, see art. 1

[^key-025828c16a05bdd15c36c1a3dffcde81]: Words in Sch. 14 para. 223(1) substituted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

[^key-04fb23c03c75fa6c9988216f0912bf1b]: Words in art. 23(3)(a) substituted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

[^key-0688ee631402498d696c2b74ac04f21b]: Sch. 15 para. 1 in force at 3.8.2024, see art. 1

[^key-06a5b2e320202680199ee8db94af5512]: Sch. 14 para. 226 in force at 3.8.2024, see art. 1

[^key-077f0391666d624c9c096cc14756528c]: Sch. 14 para. 179 in force at 3.8.2024, see art. 1

[^key-0869c21dbdb997551f6582043348ef0e]: Sch. 15 para. 4 in force at 3.8.2024, see art. 1

[^key-09d3f799f0ddfae16991f197d283bfe1]: Word in Sch. 14 para. 162(2)(b) omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

[^key-0a421035f291b384271417f8040c1b1d]: Sch. 2 para. 13 in force at 3.8.2024, see art. 1

[^key-0b63e1cbe3eed2131c1d7b4a5843b170]: Words in Sch. 14 Pt. 3 heading substituted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

[^key-0b7b3c3cba273b54501b6c0858b995f9]: Sch. 14 para. 63 in force at 3.8.2024, see art. 1

[^key-0c05805ae6f000b1ff2ce398ea98a6fe]: Sch. 10 para. 5 in force at 3.8.2024, see art. 1

[^key-0cdf86201505e485bc89165b7609c11d]: Art. 11 in force at 3.8.2024, see art. 1

[^key-0d0249d9204d6d60fecd9cfd03c66f43]: Sch. 6 Pt. 4 in force at 3.8.2024, see art. 1

[^key-0d23877d96face18eb7bcf2cc7312150]: Sch. 14 para. 142 in force at 3.8.2024, see art. 1

[^key-0d4719db86032855327ff63c6939f3d0]: Sch. 14 para. 77 in force at 3.8.2024, see art. 1