The Gate Burton Energy Park Order 2024

• (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 2012⁷⁵ (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

Application of Part 1 of the 1965 Act

Editorial notes