The Tillbridge Solar Order 2025

PART 2 — TEMPORARY PROHIBITION OR RESTRICTION OF PUBLIC RIGHTS OF WAY WITH DIVERSION

PART 3 — PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY

PART 4 — TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY

PART 5 — TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

SCHEDULE 7 — ACCESS TO WORKS

PART 1 — PERMANENT MEANS OF ACCESS TO WORKS

PART 2 — TEMPORARY MEANS OF ACCESS TO WORKS

SCHEDULE 8 — TRAFFIC REGULATION MEASURES

SCHEDULE 9 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

• “access rights” means rights over land to— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access; form, remove, reinstate passing places in the highway and means of access to the authorised development including visibility splays and to remove impediments to such access; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “cable rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; continuous vertical and lateral support for the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “substation connection rights” means rights over land to, for the purposes of the authorised development and in connection with the authorised development— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the National Grid Cottam substation; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drain, watercourses and culverts; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with Work No. 4E and 5; restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures; and

• “AIL rights” means rights over land to pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) and to temporarily remove impediments to such passage for all purposes in connection with the authorised development. (1) Plot reference number shown on the Land Plans (2) Purposes for which rights over land may be required and restrictive covenants imposed 1-07Access rights1-08Access rights2-04aAccess rights2-04bAccess rights2-08Access rights3-01Access rights3-03Access rights3-20Cable rights and access rights4-02AIL rights4-03AIL rights4-04AIL rights4-05AIL rights4-11Access rights5-12aCable rights and access rights5-12bCable rights and access rights6-11Cable rights and access rights6-12Cable rights and access rights6-13Cable rights and access rights6-16Cable rights and access rights7-04Cable rights and access rights7-04aCable rights and access rights7-05Cable rights and access rights8-09aAccess rights8-09bAccess rights8-09cAccess rights8-09dAccess rights8-09eAccess rights8-11Cable rights9-06Cable rights9-07Cable rights9-08Cable rights9-09Cable rights9-10Cable rights9-11Cable rights9-12Cable rights12-01Cable rights12-02Cable rights12-03Cable rights12-04Cable rights12-05Cable rights13-01Cable rights13-02Cable rights13-03Cable rights13-04Cable rights13-05Cable rights13-06Cable rights13-07Cable rights and access rights13-08Cable rights13-09Cable rights13-10Cable rights and access rights13-11aAccess rights13-11bAccess rights13-12Cable rights13-13Cable rights13-14Cable rights13-15Cable rights13-16Cable rights13-17Cable rights13-18Cable rights and access rights13-19Cable rights and access rights13-20Cable rights14-01aAccess rights14-01bAccess rights14-01cAccess rights14-02Access rights15-01Cable rights and access rights15-02Cable rights15-03Cable rights15-04Cable rights15-05Cable rights15-06Cable rights15-07Cable rights15-08Cable rights16-01Cable rights16-03Cable rights and access rights16-04Cable rights16-05Cable rights16-06Cable rights16-07Cable rights16-08Cable rights and access rights16-09Access rights16-10Cable rights17-01Cable rights17-02Cable rights17-03Cable rights17-05Access rights17-06aAccess rights17-06bAccess rights17-06cAccess rights17-06dAccess rights17-06eAccess rights18-01Cable rights18-02Cable rights18-03Cable rights18-04Cable rights18-05Cable rights18-06Cable rights18-07Access rights18-08Access rights18-09Cable rights18-10Cable rights18-11Cable rights18-12Cable rights18-13Cable rights18-14Cable rights18-15Cable rights18-16Cable rights18-17Cable rights18-18Cable rights18-19Cable rights18-20Cable rights18-21Cable rights18-22Cable rights and access rights18-23Cable rights19-01Cable rights19-02Cable rights and access rights19-03Cable rights19-04Cable rights19-05Cable rights19-06Cable rights19-07Cable rights and access rights19-08Cable rights19-09Cable rights19-10Cable rights19-11Access rights19-12Access rights19-13Access rights20-01Access rights20-02Cable rights20-03Cable rights20-04Cable rights20-05Access rights20-06Cable rights and access rights20-08Cable rights20-09Cable rights20-10Cable rights20-11Cable rights20-13Cable rights20-14Cable rights20-15Cable rights21-01Cable rights21-02Cable rights21-03Cable rights21-04Cable rights21-05Cable rights21-06Cable rights21-07Cable rights21-08Cable rights and access rights21-08aAccess rights21-08bAccess rights21-08cAccess rights21-08dAccess rights21-09Cable rights21-10Cable rights21-11Cable rights21-12Cable rights21-13Cable rights21-14Cable rights21-15Cable rights21-16Cable rights21-17Cable rights21-17aCable rights21-18Cable rights21-19Cable rights21-20Cable rights21-23Cable rights and access rights21-24Cable rights and access rights21-26Cable rights and access rights22-01Cable rights22-03Cable rights and access rights22-04Cable rights22-05Cable rights22-06Cable rights23-01Cable rights23-02Cable rights23-03Access rights23-04Access rights23-05Substation connection rights and access rights23-06Substation connection rights and access rights23-07Substation connection rights and access rights23-08Cable rights23-09Cable rights23-10Cable rights23-11Cable rights23-12Cable rights23-13Cable rights24-01Access rights24-02Access rights

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00062] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5—

• (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 5A(5A) (relevant valuation date), omit the words after “if—” and substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuant of a notice of entry under section 11(1) of the 1965 Act (as modified by sub-paragraph 5(5) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants) to the Tillbridge Solar Order 2025; (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 10 to the Tillbridge Solar Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1981) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the acquisition of land under article 21 (compulsory acquisition of land) and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article 23 (compulsory acquisition of rights)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows—

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

• (3) For section 7 of the 1965 Act (measure of compensation in case of severance) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry)[^f00063] of the 1965 Act is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry)[^f00064], 11B (counter-notice requiring possession to be taken on specified date)[^f00065], 12 (unauthorised entry)[^f00066] and 13 (refusal to give possession to acquiring authority)[^f00067] of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00068] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act (counter notice requiring purchase of land not in notice to treat) substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 25 (application of the 1981 Act) of the Tillbridge Solar Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 26(3) (acquisition of subsoil only) of the Tillbridge Solar Order 2025 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter notice, or (c) refer the counter notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory; cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense cause by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 12 — HEDGEROWS TO BE REMOVED

PART 1 — IMPORTANT HEDGEROWS WHICH REQUIRE REMOVAL

PART 2 — HEDGEROWS WHICH REQUIRE REMOVAL