The Stonestreet Green Solar Order 2025

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

• (4) In this article—

• “public communications provider” has the meaning given in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and

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

No double recovery

36

Compensation will not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Protective provisions

37

Schedule 13 (protective provisions) has effect.

Use of subsoil and airspace within the Order limits

38

• (1) The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any land (including without limitation any street) within the Order limits as may be required for the authorised development and may use the subsoil or airspace for those purposes or any other purposes ancillary to the authorised development.

• (2) The undertaker may exercise any power conferred by paragraph (1) in relation to land without being required to acquire any part of the land or any easement or right in the land.

• (3) Paragraph (1) does not apply in relation to—

• (a) any subway or underground building; or

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

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

• (5) Compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

PART 7 — Miscellaneous and general

Operational land for the purposes of the 1990 Act

39

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

Crown rights

40

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

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

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

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

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

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

Certification of plans, etc.

41

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table in Schedule 14 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order.

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

Service of notices

42

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

• (a) by post;

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

• (c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00052] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

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

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

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

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

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

• (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Felling or lopping of trees or removal of hedgerows

43

• (1) Subject to paragraphs (2) and (6), the undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

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

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

• (4) The undertaker may for the purposes of the authorised development—

• (a) remove those parts of the important hedgerows within the Order limits and specified in Part 1 (removal of important hedgerows) of Schedule 15 (hedgerows); and

• (b) remove those parts of the hedgerows as are within the Order limits and specified in Part 2 (removal of hedgerows) of Schedule 15 (hedgerows).

• (5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997[^f00053].

• (6) The undertaker may fell or lop any tree that is subject to a tree preservation order within or overhanging land within the Order limits or cut back its roots if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development.

• (7) In carrying out any activity authorised by paragraph (6)—

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

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

• (8) The authority given by paragraph (6) constitutes a deemed consent under the relevant tree preservation order.

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

Arbitration

44

• (1) Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled in arbitration in accordance with the rules at Schedule 16 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

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

Requirements, appeals, etc.

45

• (1) Where an application is made to, or a request is made of, the local planning authority or any other relevant person for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

• (2) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements in Part 1 of that Schedule.

Application of landlord and tenant law

46

• (1) This article applies to—

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

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

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

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

• (3) Accordingly, no such enactment or rule of law to which paragraph (2) applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

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

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

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

Guarantees in respect of payment of compensation

47

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

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

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

• (2) The provisions are—

• (a) article 21 (compulsory acquisition of land);

• (b) article 25 (compulsory acquisition of rights and imposition of restrictive covenants);

• (c) article 26 (private rights);

• (d) article 28 (acquisition of subsoil and airspace only);

• (e) article 30 (temporary use of land for carrying out the authorised development);

• (f) article 32 (temporary use of land for maintaining the authorised development); and

• (g) article 33 (statutory undertakers).

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

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

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the district of Ashford and in the county of Kent, a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.

The nationally significant infrastructure project comprises one generating station with a gross electrical output capacity of over 50 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule—

Work No. 1

1

A ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 50 megawatts including—

• (a) solar PV panels; and

• (b) mounting structures,

along with associated development within the meaning of section 115(2) of the 2008 Act including—

Work No. 2

2

Balance of system and BESS works including—

• (a) inverter stations;

• (b) BESS;

• (c) DC-DC converters;

• (d) intermediate substations;

• (e) fire hydrants;

• (f) bunding and other water retention features; and

• (g) acoustic barriers;

Work No. 3

3

Project substation and associated works including—

• (a) project substation, including switchroom and control room buildings, circuit breakers, 132 kilovolt bus-bars, pad mounted transformers, earthing circuits, office facilities (to include welfare unit, water closet, cesspit) and ancillary equipment;

• (b) monitoring and control systems for Work No. 1, Work No. 2 and Work No. 3;

• (c) car parking;

• (d) metal palisade security fencing with gates;

• (e) access track with separate access provision;

• (f) geotechnical works and retaining structures;

• (g) drainage and water retention system works;

• (h) acoustic barriers; and

• (i) two spare parts storage containers;

Work No. 4

4

Works to lay high voltage electrical cables and to extend Sellindge Substation to facilitate grid connection including—

• (a) laying of electrical cables to connect Work No. 3 to Sellindge Substation, including tunnelling, boring, open cut trenching and horizontal directional drilling works for trenchless crossings;

• (b) works to allow electrical cable crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways;

• (c) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains;

• (d) crossing of Network Rail infrastructure either—

• (i) using existing electrical ducts; or

• (ii) through the installation of new cable ducts;

• (e) laying down of internal access tracks, ramps, means of access, footpaths, roads, landscaping and vegetation management, signage, information boards and temporary secured construction laydown areas; and

• (f) extension of the Sellindge Substation including—

• (i) installation of new or amended structures, including outdoor air insulated switchgear or indoor gas insulated switchgear, circuit breakers, disconnectors, earth switches, bus-bars, steel supports and ancillary electrical infrastructure;

• (ii) laying down of access tracks, ramps, means of access, footpaths and roads;

• (iii) construction of a retaining wall, landscaping and vegetation management, signage, information boards and temporary construction laydown areas;

• (iv) fencing, gates, boundary treatment and other means of enclosure;

• (v) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, cameras, and communication infrastructure; and

• (vi) drainage works;

Work No. 5

5

Works including—

• (a) fencing, gates, boundary treatment and other means of enclosure;

• (b) provision of security and monitoring measures such as CCTV columns, lighting columns and lighting, a fence detection system, cameras, weather stations, and communication infrastructure;

• (c) laying of electrical cables, including but not limited to electrical cables connecting Work No. 1, Work No. 2 and Work No. 3, including works to allow electrical cables crossings of non-navigable rivers, other watercourses and drains, permissive paths, public rights of way and other highways;

• (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains;

• (e) laying down of internal access tracks (including fire access tracks), improvement of existing tracks, ramps, means of access, and roads, including construction signage and information boards;

• (f) provision of water tanks and pipework connection to hydrants located at inverter stations where BESS installed; and

• (g) equipment and materials storage during construction and decommissioning phases;

Work No. 6

6

Works to provide site access including—

• (a) creation of accesses from the highway;

• (b) creation of visibility splays;

• (c) upgrading and repairing of existing accesses; and

• (d) highways improvements;

Work No. 7

7

Construction and decommissioning works including—

• (a) compound areas including hardstanding, turning and loading areas, car parking, offices/welfare facilities, storage areas, waste skip areas, solar PV panel testing area, bunded area for storage of fuels and hydrocarbons, security fencing and hoarding; and

• (b) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage;

Work No. 8

8

Works to create, enhance and maintain green infrastructure, boundary treatments and crossing structures including—

• (a) landscape and biodiversity enhancement measures, including habitat creation and management and seating;

• (b) mitigation and biodiversity enhancement planting;

• (c) landscape reinforcement works;

• (d) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; and

• (e) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; and

Site Wide Works

9

In connection with and in addition to Work Nos. 1 to 8, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the authorised development and which are within the Order limits and fall within the scope of work assessed by the environmental statement including—

• (a) site preparation works and site clearance, including vegetation removal;

• (b) earthworks;

• (c) remediation of contamination;

• (d) alteration to locations of services and utilities infrastructure;

• (e) works for the benefit or protection of land affected by the authorised development;

• (f) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8;

• (g) sustainable drainage system ponds, depression storage, runoff outfalls, general drainage and irrigation infrastructure, including bunds, embankments, trenching, and swales, systems and improvements, maintenance or extensions to existing drainage and irrigation systems;

• (h) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; and

• (i) works to alter, maintain and repair streets and access roads, including relocation, removal or provision of street signage and furniture in, under or above a street and works to facilitate traffic management.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Time limit

1

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

Expiry of development consent

2

• (1) The authorised development must cease generating electricity on a commercial basis no later than the 40th anniversary of the first export date.

• (2) Confirmation of the first export date must be provided by the undertaker to the local planning authority within one month of its occurrence.

Phases of authorised development

3

• (1) The authorised development must not be commenced until a written scheme setting out the phases and sequencing of construction of the authorised development has been submitted to and approved by the local planning authority.

• (2) The authorised development must be carried out in accordance with the phasing scheme approved pursuant to sub-paragraph (1).

Detailed design approval

4

• (1) No phase of the authorised development may be commenced until written details of—

• (a) the layout;

• (b) scale;

• (c) proposed finished ground levels;

• (d) external appearance;

• (e) hard-surfacing materials;

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

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

• (h) power and communications cables and pipelines;

• (i) fencing and other means of enclosure;

• (j) security measures; and

• (k) acoustic barriers,

relating to that phase have been submitted to and approved by the local planning authority.

• (2) The written details that are submitted for approval pursuant to sub-paragraph (1) must accord with the design principles.

• (3) The authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1).

Battery safety management plan

5

• (1) Prior to the commencement of the BESS within Work No. 2, a BSMP must be submitted to and approved by the local planning authority in consultation with the Environment Agency and Kent Fire and Rescue Service.

• (2) The submitted BSMP must either accord with the outline BSMP or detail such changes as the undertaker considers are required.

• (3) The BSMP must be implemented as approved and maintained in accordance with the BSMP thereafter.

Construction environmental management plan

6

• (1) No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, Environment Agency and Kent County Council.

• (2) The CEMP for each phase of the authorised development must be in accordance with the outline CEMP.

• (3) All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CEMP for that phase.

Construction traffic management plan

7

• (1) No phase of the authorised development may commence until a CTMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority.

• (2) The CTMP for each phase of the authorised development must be in accordance with the outline CTMP.

• (3) All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CTMP for that phase.

• (4) For the purposes of this requirement, “relevant highway authority” means the highway authority for the highways that are the subject of a CTMP submitted pursuant to sub-paragraph (1).

Landscape and biodiversity

8

• (1) The authorised development must not commence until a biodiversity design strategy has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency, Kent County Council and the relevant statutory nature conservation body.

• (a) The biodiversity design strategy must include details of how the strategy will secure a biodiversity net gain for all of the authorised development during the operation of the authorised development of at least 100% in area-based habitat units, at least 10% in hedgerow units, and at least 10% in watercourse units; calculated using the biodiversity metric published by the Department for Environment, Food & Rural Affairs on 12 February 2024, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body.

• (b) The biodiversity design strategy must be substantially in accordance with the outline LEMP, must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

• (2) No phase of the authorised development may commence until a LEMP covering that phase has been submitted to and approved by the local planning authority.

• (3) The LEMP for each phase of the authorised development must—

• (a) be in accordance with the outline LEMP, the biodiversity design strategy approved pursuant to sub-paragraph (1) and the design principles;

• (b) provide details of the proposed hard and soft landscape and biodiversity enhancement works including (in so far as is relevant)—

• (i) surveys, assessments and method statements;

• (ii) location, number, species, size, plant protection measures and planting density of any proposed planting and the location of areas to be seeded;

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

• (iv) implementation timetables for all landscape and biodiversity enhancement works; and

• (c) provide details of how the landscape and biodiversity enhancement measures will be managed and maintained during the operation of the authorised development.

• (4) All landscape and biodiversity enhancement works associated with the authorised development in each phase must be carried out in accordance with the approved LEMP for that phase.

• (5) For the purposes of sub-paragraph (2), “commence” includes part (b) (site clearance and/or vegetation works) of the site enabling works.

Archaeology

9

• (1) No phase of the authorised development may commence until the details specified in sub-paragraph (2) for that phase have been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council.

• (2) The details for each phase to be submitted pursuant to sub-paragraph (1) must—

• (a) include a written scheme for the investigation of areas of archaeological interest within that phase;

• (b) identify any areas where a programme of archaeological investigation is required within that phase and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found; and

• (c) be generally in accordance with the AMS.

• (3) Any archaeological works or programme of archaeological investigation carried out pursuant to the details approved under sub-paragraph (1) must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute.

• (4) Any archaeological works or programme of archaeological investigation for a phase of the authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1) for that phase.

Public rights of way

10

• (1) No phase of the authorised development incorporating any part of a public right of way which is to be temporarily closed or permanently stopped up pursuant to article 17 (public rights of way – stopping up and vehicular use on public rights of way) may commence until a RoWAS for the phase has been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council.

• (2) The RoWAS submitted pursuant to sub-paragraph (1) must—

• (a) include details of measures to minimise the distance of any sections of the public right of way to be temporarily closed or permanently stopped up;

• (b) include details of advance publicity and signage in respect of any sections of public rights of way to be temporarily closed or permanently stopped up; and

• (c) be generally in accordance with the outline RoWAS.

• (3) The RoWAS for each phase of the authorised development must be implemented as approved and maintained for that phase.

Operational surface water drainage strategy and flood compensation storage

11

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

• (a) an OSWDS for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency and the lead local flood authority; and

• (b) a detailed floodplain compensation scheme for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency.

• (2) The OSWDS for each phase of the authorised development must be in accordance with the outline OSWDS.

• (3) The OSWDS for each phase of the authorised development must be implemented as approved.

• (4) When considered as a whole across all phases of the authorised development, the detailed floodplain compensation schemes approved pursuant to paragraph (1)(b) must include mitigation measures that are in accordance with the measures described in Appendix 10.2: Flood Risk Assessment of the environmental statement relating to flood storage upstream and downstream of the Aldington Flood Storage Area embankment.

• (5) The detailed floodplain compensation scheme for each phase of the authorised development must be implemented and maintained as approved.

Operational management plan

12

• (1) Prior to the operation of the authorised development, an OMP must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body and the Environment Agency.

• (2) The OMP must be in accordance with the outline OMP.

• (3) The OMP must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the OMP relates.

Operational noise mitigation and monitoring scheme

13

• (1) Prior to the operation of Work No. 2 or Work No. 3, an ONMMS must be submitted to and approved by the local planning authority.

• (2) The ONMMS must—

• (a) include details of the plant specification, noise mitigation measures and monitoring procedures; and

• (b) demonstrate that, with those noise mitigation measures and monitoring procedures in place, the authorised development is not likely to result in any materially new or materially different noise effects from those assessed in Volume 2, Chapter 14 (Noise) of the environmental statement.

• (3) The ONMMS must be implemented as approved.

Decommissioning and site restoration

14

• (1) Decommissioning works must commence no later than the 40th anniversary of the first export date.

• (2) Prior to commencement of any decommissioning works for any part of the authorised development—

• (a) a DEMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, the Environment Agency and Kent County Council; and

• (b) a DTMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority.

• (3) The DEMP must be in accordance with the outline DEMP and the DTMP must be in accordance with the outline DTMP.

• (4) The DEMP and DTMP must be implemented as approved for the relevant part of the authorised development.

• (5) For the purposes of this paragraph, “relevant highway authority” means the highway authority for the highways that are the subject of a DTMP submitted pursuant to paragraph 14(2)(b).

Requirement for written approval

15

Where the approval, agreement or confirmation of the Secretary of State, the local planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing.

Amendments to approved details

16

• (1) With respect to the documents certified in accordance with article 41 (certification of plans, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the local planning authority for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the local planning authority, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

17

• (1) Where an application has been made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the local planning authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with—

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

• (b) where further information is requested under paragraph 18 the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the local planning authority.

• (2) In determining any application made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the local planning authority may—

• (a) give or refuse its consent, agreement or approval; or

• (b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the local planning authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements

18

• (1) In relation to any application referred to in paragraph 17, the local planning authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

• (2) In the event that the local 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 local planning authority must, within 20 business 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 local planning authority must issue the consultation to the requirement consultee within 10 business days of receipt of the application, and must notify the undertaker in writing specifying any further information the local planning authority considers necessary or that is requested by the requirement consultee within 10 business days of receipt of such a request and in any event within 20 business days of receipt of the application (or such other period as is agreed in writing between the undertaker and the local planning authority).

• (4) In the event that the local 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 paragraphs 17 and 18.

Appeals

19

• (1) Where the undertaker makes an application to the local planning authority, the undertaker may appeal to the Secretary of State in the event that—

• (a) the local planning authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement contained in Part 1 of this Schedule; or

• (ii) a document referred to in any requirement contained in Part 1 of this Schedule;

• (b) the local planning authority does not determine such an application within the time period set out in paragraph 17(1), or grants it subject to conditions;

• (c) on receipt of a request for further information pursuant to paragraph 18 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the local planning authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the local 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 appeal process is 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 17(1), 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 local planning authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

• (d) the local planning authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within ten business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the undertaker must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to paragraph (d) above; and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the ten day period for counter—submissions under paragraph (e).

• (3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. 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 ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the local 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 the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account 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.

• (8) 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 the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

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

• (11) On application by the local planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal 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 the guidance on costs in the Planning Practice Guidance or any official circular or guidance which may from time to time replace it.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

• (a) County of Kent Act 1981[^f00054];

• (b) Kent County Council (Filming on Highways) Act 2010[^f00055];

• (c) Kent Water Act 1955[^f00056];

• (d) South Eastern Railway Act 1836[^f00057];

• (e) South Eastern Railway Act 1839[^f00058]; and

• (f) Southern Water Authority Act 1988[^f00059].

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street	(3) Description of the street works
Ashford Borough Council	Public right of way FNR-1 (AE385 Section 1 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheet 1 of the streets, rights of way and access plans, reference SW-1.
Ashford Borough Council	Public right of way FN-AE380	Cable works beneath the width of the public right of way for the length shown in brown on sheet 1 of the streets, rights of way and access plans, reference SW-2.
Ashford Borough Council	Public right of way AE396 (Byway Open To All Traffic)	Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, reference SW-6.
Ashford Borough Council	Public right of way FNR-3 (AE370 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, references SW-5, SW-7 and SW-8.
Ashford Borough Council	Public right of way FNR-4 (AE377 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheets 1 and 2 of the streets, rights of way and access plans, reference SW-9.
Ashford Borough Council	Public right of way FNR-5 (AE378 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheet 2 of the streets, rights of way and access plans, references SW-10, SW-11 and SW-12.
Ashford Borough Council	Public right of way FN-7	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-13.
Ashford Borough Council	Public right of way FNR-8 (AE431 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, references SW-15 and SW-16.
Ashford Borough Council	Public right of way FNR-9 (AE436 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-18.
Ashford Borough Council	Public right of way FN-1	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-19.
Ashford Borough Council	Public right of way AE657	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-17A.
Ashford Borough Council	Public right of way FN-AE657	Cable works beneath the width of the public right of way for the length shown in brown on sheets 2 and 3 of the streets, rights of way and access plans, reference SW-17B.
Ashford Borough Council	Public right of way FN-3	Cable works beneath the width of the public right of way for the length shown in brown on sheet 3 of the streets, rights of way and access plans, reference SW-21.
Ashford Borough Council	Public right of way FNR-12 (AE657 and AE656 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheet 3 of the streets, rights of way and access plans, reference SW-22.
Ashford Borough Council	Public right of way AE474	Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-23.
Ashford Borough Council	Public right of way AE475	Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-24.
Ashford Borough Council	Public right of way FNR-10 (AE454 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-25.
Ashford Borough Council	Public right of way FNR-11 (AE475 diversion)	Cable works beneath the width of the public right of way for the length shown in brown on sheet 4 of the streets, rights of way and access plans, reference SW-26.
Ashford Borough Council	AE656	Cable works beneath the width of the public right of way for the length shown in brown on sheet 5 of the streets, rights of way and access plans, reference SW-28.
Ashford Borough Council	Laws Lane	Cable works beneath the width of the street for the length shown in brown on sheet 6 of the streets, rights of way and access plans, reference SW-3.
Ashford Borough Council	Bank Road	Cable works beneath the width of the street for the length shown in brown on sheets 6 and 7 of the streets, rights of way and access plans, reference SW-4.
Ashford Borough Council	Station Road	Cable works beneath the width of the street for the length shown in brown on sheets 7 and 8 of the streets, rights of way and access plans, reference SW-14.
Ashford Borough Council	Goldwell Lane	Cable works beneath the width of the street for the length shown in brown on sheets 7, 8 and 9 of the streets, rights of way and access plans, reference SW-20.
Ashford Borough Council	Church Lane	Cable works beneath the width of the street for the length shown in brown on sheet 10 of the streets, rights of way and access plans, reference SW-27.

SCHEDULE 5 — ALTERATION OF STREETS

(1) Area	(2) Streets subject to alteration	(3) Description of alteration
Ashford Borough Council	Bank Road	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 6 and 7 of the streets, rights of way and access plans, references A-1, A-5, A-6 and A-10.
Ashford Borough Council	Laws Lane	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 6 of the streets, rights of way and access plans, references A-2, A-3 and A-4.
Ashford Borough Council	Public right of way AE396	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 6 and 7 of the streets, rights of way and access plans, references A-7, A-8 and A-9.
Ashford Borough Council	Calleywell Lane	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 7 and 8 of the streets, rights of way and access plans, references A-11 and A-12.
Ashford Borough Council	Station Road	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheets 7 and 8 of the streets, rights of way and access plans, references A-13, A-14 and A-15.
Ashford Borough Council	Goldwell Lane	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 9 of the streets, rights of way and access plans, reference A-16.
Ashford Borough Council	Church Lane	Works for the provision of a permanent means of access to the authorised development including vegetation clearance for the creation of visibility splays within the area shown in green on sheet 10 of the streets, rights of way and access plans, reference A-17.

SCHEDULE 6 — ACCESS TO WORKS

(1) Area	(2) Street	(3) Description of means of access
Ashford Borough Council	Bank Road #1 southbound	The provision of a permanent means of access to the authorised development from the point marked A-1 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Laws Lane #1 westbound and eastbound	The provision of a permanent means of access to the authorised development from the point marked A-2 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Laws Lane #2 westbound	The provision of a permanent means of access to the authorised development from the point marked A-3 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Laws Lane #3 eastbound	The provision of a permanent means of access to the authorised development from the point marked A-4 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Bank Road #2 southbound	The provision of a permanent means of access to the authorised development from the point marked A-5 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Bank Road #3 northbound	The provision of a permanent means of access to the authorised development from the point marked A-6 on sheets 6 and 7 of the streets, rights of way and access plans.
Ashford Borough Council	Public right of way AE396 #1 westbound and eastbound	The provision of a permanent means of access to the authorised development from the point marked A-7 on sheets 6 and 7 of the streets, rights of way and access plans.
Ashford Borough Council	Public right of way AE396 #2 westbound and eastbound	The provision of a permanent means of access to the authorised development from the point marked A-8 on sheets 6 and 7 of the streets, rights of way and access plans.
Ashford Borough Council	Public right of way AE396 #3 westbound and eastbound	The provision of a permanent means of access to the authorised development from the point marked A-9 on sheet 6 of the streets, rights of way and access plans.
Ashford Borough Council	Bank Road #4 northbound and southbound	The provision of a permanent means of access to the authorised development from the point marked A-10 on sheets 6 and 7 of the streets, rights of way and access plans.
Ashford Borough Council	Calleywell Lane #1 westbound	The provision of a permanent means of access to the authorised development from the point marked A-11 on sheet 7 of the streets, rights of way and access plans.
Ashford Borough Council	Calleywell Lane #2 westbound	The provision of a permanent means of access to the authorised development from the point marked A-12 on sheet 7 and 8 of the streets, rights of way and access plans.
Ashford Borough Council	Station Road #1 eastbound	The provision of a permanent means of access to the authorised development from the point marked A-13 on sheets 7 and 8 of the streets, rights of way and access plans.
Ashford Borough Council	Station Road #2 eastbound	The provision of a permanent means of access to the authorised development from the point marked A-14 on sheets 7 and 8 of the streets, rights of way and access plans.
Ashford Borough Council	Station Road #3 eastbound	The provision of a permanent means of access to the authorised development from the point marked A-15 on sheet 8 of the streets, rights of way and access plans.
Ashford Borough Council	Goldwell Lane eastbound	The provision of a permanent means of access to the authorised development from the point marked A-16 on sheet 9 of the streets, rights of way and access plans.
Ashford Borough Council	Church Lane westbound and eastbound	The provision of a permanent means of access to the authorised development from the point marked A-17 on sheet 10 of the streets, rights of way and access plans.

SCHEDULE 7 — TRAFFIC REGULATION MEASURES

(1) Area	(2) Extent of temporary traffic signal and banksman control area
Ashford Borough Council	Laws Lane approximately 140 meters southwest of Bank Road. An area of existing highway in a generally south-westerly direction on Laws Lane for a distance of 300 metres as shown with a green broken line on sheet 1 of the traffic regulations measures plans, reference TR-1.
Ashford Borough Council	Byway Open to All Traffic AE396 southwest of Roman Road. An area of existing Byway Open to All Traffic in a generally south-westerly direction on Byway Open to All Traffic AE396 for a distance of 370 metres as shown with a green broken line on sheets 2 and 3 of the traffic regulations measures plans, reference TR-2.
Ashford Borough Council	Roman Road at access to Bank Farm and Bank Farm access at Roman Road. An area of existing highway in a generally north westerly direction on Bank Road for a distance of 680m and a south-easterly direction on Roman Road for a distance of 100 metres with and an area of existing private road in a generally south-westerly direction on Bank Farm access for a distance of 265 metres as shown with a green broken line on sheets 2 and 3 of the traffic regulations measures plans, reference TR-3.
Ashford Borough Council	Station Road north of Calleywell Lane and Goldwell Lane. An area of existing highway in a generally southerly direction on Station Road for a distance of 190 metres as shown with a green broken line on sheets 4 and 6 of the traffic regulations measures plans, reference TR-4.
Ashford Borough Council	Main access on Station Road approximately 115 metres south of the centre of HS1 bridge. An area of existing highway in a generally south-westerly direction on Station Road for a distance of 100 metres as shown with a green broken line on sheet 5 of the traffic regulations measures plans, reference TR-5.
Ashford Borough Council	Goldwell Lane Site access approximately 190 metres north of Roman Road. An area of existing highway in a generally south-westerly direction on Goldwell Lane for a distance of 100 metres as shown with a green broken line on sheet 6 of the traffic regulations measures plans, reference TR-6.
Ashford Borough Council	Goldwell Lane east of Calleywell Lane and north of Roman Road. An area of existing highway in a generally southerly direction on Goldwell Lane for a distance of 1030m meters as shown with a green broken line on sheets 4 and 6 of the traffic regulations measures plans, reference TR-7.
Ashford Borough Council	Church Lane south of the centre of M20 bridge. An area of existing highway in a generally southerly direction on Church Lane for a distance of 690m meters from the M20 bridge to 230m south of the HS1 bridge as shown with a green broken line on sheet 7 of the traffic regulations measures plans, reference TR-8.

SCHEDULE 8 — PUBLIC RIGHTS OF WAY

PART 1 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Public rights of way to be stopped up	(3) Extent of stopping up	(4) New public right of way to be substituted
Ashford Borough Council	AE385 (Section 1)	Part of footpath to be stopped up, shown as FTD-1 on sheet 1 of the streets, rights of way and access plans.	FNR-1, shown on sheet 1 of the streets, rights of way and access plans.
Ashford Borough Council	AE385 (Section 2)	Part of footpath to be stopped up, shown as FTD-2 on sheet 1 of the streets, rights of way and access plans.	FNR-2, shown on sheet 1 of the streets, rights of way and access plans.
Ashford Borough Council	AE370	Part of footpath to be stopped up, shown as FTD-3 on sheets 1 and 2 of the streets, rights of way and access plans.	FNR-3, shown on sheets 1 and 2 of the streets, rights of way and access plans.
Ashford Borough Council	AE377	Part of footpath to be stopped up, shown as FTD-4 on sheets 1 and 2 of the streets, rights of way and access plans.	FNR-4, shown on sheets 1 and 2 of the streets, rights of way and access plans.
Ashford Borough Council	AE657 and AE656	Part of AE657 and part of AE656 to be stopped up, shown as FTD-12 and FTD-13 on sheet 3 of the streets, rights of way and access plans.	FNR-12, shown on sheet 3 of the streets, rights of way and access plans.
Ashford Borough Council	AE475	Part of footpath to be stopped up, shown as FTD-11 on sheet 4 of the streets, rights of way and access plans.	FNR-11, shown on sheet 4 of the streets, rights of way and access plans.

PART 2 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Public right of way to be closed	(3) Extent of closure	(4) New public right of way to be substituted
Ashford Borough Council	AE378	Part of footpath to be closed, shown as FTD-5 on sheets 2 and 3 of the streets, rights of way and access plans.	FNR-5, shown on sheets 2 and 3 of the streets, rights of way and access plans.
Ashford Borough Council	AE428	Part of footpath to be closed, shown as FTD-6 on sheet 2 of the streets, rights of way and access plans.	FNR-6 shown on sheet 2 of the streets, rights of way and access plans.
Ashford Borough Council	AE448	Entire footpath to be closed, shown as FTD-7 on sheets 2 and 3 of the streets, rights of way and access plans.	FNR-7, shown on sheets 2 and 3 of the streets, rights of way and access plans.
Ashford Borough Council	AE431	Part of footpath to be closed, shown as FTD-8 on sheets 2 and 3 of the streets, rights of way and access plans.	FNR-8 shown on sheets 2 and 3 of the streets, rights of way and access plans.
Ashford Borough Council	AE436	Part of footpath to be closed, shown as FTD-9 on sheets 2 and 3 of the streets, rights of way and access plans.	FNR-9, shown on sheets 2 and 3 of the streets, rights of way and access plans.
Ashford Borough Council	AE454	Entire footpath to be closed, shown as FTD-10 on sheet 4 of the streets, rights of way and access plans.	FNR-10, shown on sheet 4 of the streets, rights of way and access plans.

PART 3 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Public right of way to be stopped up	(3) Extent of stopping up
Ashford Borough Council	AE447, shown as FC-1 on sheet 2 of the streets, rights of way and access plans.	Entire footpath.
Ashford Borough Council	AE455, shown as FC-2 on sheet 4 of the streets, rights of way and access plans.	Part of footpath.

SCHEDULE 9 — STATUS OF PUBLIC RIGHTS OF WAY CREATED OR IMPROVED

(1) Existing or new highway (footpath)	(2) New status	(3) Reference
Extension of footpath AE380 across Bank Road to connect to FNR-1 (AE385 diversion), shown on sheet 1 of the streets, rights of way and access plans.	Footpath	FN-AE380, shown on sheet 1 of the streets, rights of way and access plans.
New footpath, running parallel to AE377 on Handen Farm driveway shown on sheet 2 of the streets, rights of way and access plans.	Footpath	FN-6, shown on sheet 2 of the streets, rights of way and access plans.
New footpath from FNR-9 (AE436 diversion) to AE657, shown on sheets 2 and 3 of the streets, rights of way and access plans.	Footpath	FN-1, shown on sheets 2 and 3 of the streets, rights of way and access plans.
Extension of footpath AE657 to connect to FNR-8 (AE431 diversion), shown on sheets 2 and 3 of the streets, rights of way and access plans.	Footpath	FN-AE657, shown on sheets 2 and 3 of the streets, rights of way and access plans.
New footpath from FNR-7 (AE448 diversion) to FNR-5 (AE378 diversion), shown on sheets 2 and 3 of the streets, rights of way and access plans.	Footpath	FN-7 shown on sheets 2 and 3 of the streets, rights of way and access plans.
New footpath from FN-3 to AE657, shown on sheet 3 of the streets, rights of way and access plans.	Footpath	FN-2, shown on sheet 3 of the streets, rights of way and access plans.
New footpath from AE431 to AE657, shown on sheet 3 of the streets, rights of way and access plans.	Footpath	FN-3, shown on sheet 3 of the streets, rights of way and access plans.
New footpath from AE657 to AE457, shown on sheet 3 of the streets, rights of way and access plans.	Footpath	FN-8, shown on sheet 3 of the streets, rights of way and access plans.

SCHEDULE 10 — LAND IN RESPECT OF WHICH ONLY RIGHTS ETC MAY BE ACQUIRED