Legalize / United Kingdom / Statutory-Instrument

The Stonestreet Green Solar Order 2025

Type Statutory-Instrument

Publication 2025-10-22

Last updated 2026-02-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Plot reference (as shown on the land plans)	(2) Work No.	(3) Purposes for which rights over land may be acquired and restrictive covenants imposed
3/13, 3/18, 3/21, 3/24, 4/11	No Work No. Site Wide Works	(a) site preparation works and site clearance, including vegetation removal; (b) remediation of contamination; (c) alteration to locations of services and utilities infrastructure; (d) works for the benefit or protection of land affected by the authorised development; (e) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (f) 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; (g) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (h) 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; (i) 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 and road widening and to remove impediments (including vegetation) to such access; (j) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (k) 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; and (l) 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.
3/50, 3/51, 5/5, 5/6, 5/7, 5/10, 5/11, 5/12, 5/14, 5/16, 5/17, 5/18, 5/19	Work No. 4 and Site Wide Works	(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; (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; (g) site preparation works and site clearance, including vegetation removal; (h) earthworks; (i) remediation of contamination; (j) alteration to locations of services and utilities infrastructure; (k) works for the benefit or protection of land affected by the authorised development; (l) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (m) 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; (n) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (o) 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; (p) 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 and road widening and to remove impediments (including vegetation) to such access; (q) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (r) 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; and (s) 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.
5/8, 5/9, 5/13, 5/15	Work No. 4 and Site Wide Works	(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; (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; (g) site preparation works and site clearance, including vegetation removal; (h) earthworks; (i) remediation of contamination; (j) alteration to locations of services and utilities infrastructure; (k) works for the benefit or protection of land affected by the authorised development; (l) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (m) 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; (n) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (o) 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; (p) 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 and road widening and to remove impediments (including vegetation) to such access; (q) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (r) 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; (s) 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; (t) 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 Sellindge Substation; (u) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; (v) 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 (w) install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures.
3/8, 3/23, 4/5, 4/6, 4/7, 4/8	Work No. 5 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) site preparation works and site clearance, including vegetation removal; (i) earthworks; (j) remediation of contamination; (k) alteration to locations of services and utilities infrastructure; (l) works for the benefit or protection of land affected by the authorised development; (m) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (n) 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; (o) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (p) 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; (q) 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 and road widening and to remove impediments (including vegetation) to such access; (r) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (s) 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; and (t) 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.
3/2, 3/4	Work No. 8 and Site Wide Works	(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; (e) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (f) site preparation works and site clearance, including vegetation removal; (g) remediation of contamination; (h) works for the benefit or protection of land affected by the authorised development; (i) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (j) 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 and road widening and to remove impediments (including vegetation) to such access; (k) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (l) 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; and (m) 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.
5/1, 5/2, 5/3, 5/4	Work No. 4, Work No. 6 and Site Wide Works	(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; (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; (g) creation of accesses from the highway; (h) creation of visibility splays; (i) upgrading and repairing of existing accesses; (j) highways improvements; (k) site preparation works and site clearance, including vegetation removal; (l) earthworks; (m) remediation of contamination; (n) alteration to locations of services and utilities infrastructure; (o) works for the benefit or protection of land affected by the authorised development; (p) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (q) 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; (r) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (s) 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; (t) 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 and road widening and to remove impediments (including vegetation) to such access; (u) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (v) 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; and (w) 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.
3/35, 3/40, 3/46	Work No. 8 and Site Wide Works	(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; (e) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (f) site preparation works and site clearance, including vegetation removal; (g) remediation of contamination; (h) works for the benefit or protection of land affected by the authorised development; (i) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (j) earthworks; (k) 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; (l) 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 and road widening and to remove impediments (including vegetation) to such access; (m) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (n) 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; and (o) 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.
3/45	Work No. 4, Work No. 8 and Site Wide Works	(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; (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; (g) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (h) mitigation and biodiversity enhancement planting; (i) landscape reinforcement works; (j) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (k) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (l) site preparation works and site clearance, including vegetation removal; (m) remediation of contamination; (n) works for the benefit or protection of land affected by the authorised development; (o) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (p) 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; (q) 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 and road widening and to remove impediments (including vegetation) to such access; (r) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (s) 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; and (t) 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.
3/49	Work No. 4, Work No. 8 and Site Wide Works	(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; (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; (g) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (h) mitigation and biodiversity enhancement planting; (i) landscape reinforcement works; (j) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (k) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (l) site preparation works and site clearance, including vegetation removal; (m) earthworks; (n) remediation of contamination; (o) alteration to locations of services and utilities infrastructure; (p) works for the benefit or protection of land affected by the authorised development; (q) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (r) 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; (s) 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 and road widening and to remove impediments (including vegetation) to such access; (t) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (u) 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; and (v) 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.
1/5, 4/1, 4/2, 4/3	Work No. 5, Work No. 6 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) site preparation works and site clearance, including vegetation removal; (m) earthworks; (n) remediation of contamination; (o) alteration to locations of services and utilities infrastructure; (p) works for the benefit or protection of land affected by the authorised development; (q) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (r) 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; (s) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (t) 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; (u) 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 and road widening and to remove impediments (including vegetation) to such access; (v) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (w) 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; and (x) 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.
3/20, 3/22	Work No. 5, Work No. 7 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) 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; (i) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (j) site preparation works and site clearance, including vegetation removal; (k) earthworks; (l) remediation of contamination; (m) alteration to locations of services and utilities infrastructure; (n) works for the benefit or protection of land affected by the authorised development; (o) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (p) 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; (q) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (r) 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; (s) 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 and road widening and to remove impediments (including vegetation) to such access; (t) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (u) 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; and (v) 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.
3/1, 3/6	Work No. 5, Work No. 8 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (i) mitigation and biodiversity enhancement planting; (j) landscape reinforcement works; (k) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (l) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (m) site preparation works and site clearance, including vegetation removal; (n) earthworks; (o) remediation of contamination; (p) alteration to locations of services and utilities infrastructure; (q) works for the benefit or protection of land affected by the authorised development; (r) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (s) 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; (t) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (u) 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; (v) 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 and road widening and to remove impediments (including vegetation) to such access; (w) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (x) 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; and (y) 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.
1/18, 3/14, 3/15, 3/16, 3/17	Work No. 5, Work No. 6, Work No. 7 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) 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; (m) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (n) site preparation works and site clearance, including vegetation removal; (o) earthworks; (p) remediation of contamination; (q) alteration to locations of services and utilities infrastructure; (r) works for the benefit or protection of land affected by the authorised development; (s) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (t) 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; (u) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (v) 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; (w) 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 and road widening and to remove impediments (including vegetation) to such access; (x) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (y) 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; and (z) 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.
1/6, 1/13, 1/15	Work No. 5, Work No. 6, Work No. 8 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (m) mitigation and biodiversity enhancement planting; (n) landscape reinforcement works; (o) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (p) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (q) site preparation works and site clearance, including vegetation removal; (r) earthworks; (s) remediation of contamination; (t) alteration to locations of services and utilities infrastructure; (u) works for the benefit or protection of land affected by the authorised development; (v) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (w) 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; (x) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (y) 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; (z) 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 and road widening and to remove impediments (including vegetation) to such access; (aa) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (bb) 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; and (cc) 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.
2/13, 3/7, 3/9, 3/11, 4/9	Work No. 5, Work No. 7, Work No. 8 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) 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; (i) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (j) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (k) mitigation and biodiversity enhancement planting; (l) landscape reinforcement works; (m) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (n) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (o) site preparation works and site clearance, including vegetation removal; (p) earthworks; (q) remediation of contamination; (r) alteration to locations of services and utilities infrastructure; (s) works for the benefit or protection of land affected by the authorised development; (t) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (u) 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; (v) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (w) 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; (x) 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 and road widening and to remove impediments (including vegetation) to such access; (y) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (z) 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; and (aa) 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.
2/11, 4/4	Work No. 5, Work No. 6, Work No. 7, Work No. 8 and Site Wide Works	(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; (g) equipment and materials storage during construction and decommissioning phases; (h) creation of accesses from the highway; (i) creation of visibility splays; (j) upgrading and repairing of existing accesses; (k) highways improvements; (l) 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; (m) an internal haulage road comprising temporary permeable ground protection mats including passing bays, means of access, and signage; (n) landscape and biodiversity enhancement measures, including habitat creation and management and seating; (o) mitigation and biodiversity enhancement planting; (p) landscape reinforcement works; (q) works to allow installation of bridge crossings over non-navigable rivers and other watercourses and drains; (r) works to alter, maintain, repair or replace existing crossing structures over non-navigable rivers and other watercourses and drains; (s) site preparation works and site clearance, including vegetation removal; (t) earthworks; (u) remediation of contamination; (v) alteration to locations of services and utilities infrastructure; (w) works for the benefit or protection of land affected by the authorised development; (x) landscaping and biodiversity mitigation and enhancement measures including planting to the extent not undertaken under Work No. 8; (y) 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; (z) laying down of public rights of way diversions, signage and information boards and extinguishment of existing public rights of way; (aa) 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; (bb) 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 and road widening and to remove impediments (including vegetation) to such access; (cc) install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; (dd) 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; and (ee) 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.

SCHEDULE 11 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land 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 limiting the scope of paragraph 1, the Land Compensation Act 1973[^f00060] 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 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 5—

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

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

3

(1) Without limiting the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) of the 1961 Act (relevant valuation date), after “If” substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 11 to the Stonestreet Green Solar Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 3 of Schedule 2A to the 1965 Act (as modified by paragraph 10 of Schedule 11 to the Stonestreet Green Solar Order 2025) to take the additional 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 when it entered on that land for the purpose of exercising that right.

Application of the 1965 Act

4

(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land must 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 or is to be enforceable.

(2) Without limiting the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restriction, with the modifications specified in the following provisions of this Schedule.

5

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.

6

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) (refusal to convey, failure to make title, etc);

(b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(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.

7

Section 11 of the 1965 Act (powers of entry) 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 restriction, 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), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (tenants at will, etc) 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 the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so 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, subject to compliance with that section as respects compensation.

10

For Schedule 2A of the 1965 Act substitute—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serve 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 27 (application of the 1981 Act) of the Stonestreet Green Solar Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 28 (acquisition of subsoil and airspace only) of the Stonestreet Green Solar Order 2025 which excludes acquisition of subsoil or airspace 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 3 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 caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 12 — ACQUISITION OF WAYLEAVES, EASEMENTS AND OTHER RIGHTS

PART 1 — ON BEHALF OF LICENCE HOLDERS

Acquisition of necessary wayleaves

1

(1) This paragraph applies where—

(a) a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land;

(b) the licence holder has agreed in writing that the undertaker may seek a necessary wayleave on behalf of the licence holder in respect of the specified land; and

(c) the owner or occupier of the specified land, having been given a notice by the undertaker or the licence holder requiring him to give the necessary wayleave to the licence holder within a period (not being less than 21 days) specified in the notice—

(i) has failed to give the wayleave before the end of that period; or

(ii) has given the wayleave subject to terms and conditions to which the undertaker,

following consultation with the licence holder, objects.

(2) Subject to sub-paragraphs (3) and (4) below, the Secretary of State may, on the application of the undertaker, himself grant the necessary wayleave to the licence holder subject to such terms and conditions as he thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave.

(3) The Secretary of State shall not entertain an application under sub-paragraph (2) above in any case where—

(a) the specified land is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on; and

(b) the line is to be installed on or over the specified land.

(4) Before granting the necessary wayleave to the licence holder, the Secretary of State shall afford—

(a) the occupier of the specified land; and

(b) where the occupier is not also the owner of the specified land, the owner, an opportunity of being heard by a person appointed by the Secretary of State.

(5) A necessary wayleave granted to the licence holder under this paragraph—

(a) shall not be subject to the provisions of any enactment requiring the registration of interests in, charges over or other obligations affecting land; but

(b) shall bind any person who is at any time the owner or occupier of the specified land.

(6) Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for an electric line, he shall be deemed to have an interest in that land for the purposes of section 7 of the Mines (Working Facilities and Support) Act 1966.

(7) Where a wayleave is granted to a licence holder under this paragraph—

(a) the occupier of the specified land; and

(b) where the occupier is not also the owner of the specified land, the owner, may recover from the undertaker compensation in respect of the grant.

(8) Where in the exercise of any right conferred by such a wayleave any damage is caused to the specified land or to movables, any person interested in the specified land or movables may recover from the undertaker compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or movables he may recover from the undertaker compensation in respect of that disturbance.

(9) Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

(10) Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and section 4 of the Land Compensation Act 1961 shall apply to any such determination.

Compulsory acquisition of easements or other rights

2

(1) This paragraph applies where—

(a) a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; and

(b) the licence holder has agreed in writing that the undertaker may seek an easement or other right in land on behalf of the licence holder in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant licence holder to purchase compulsorily an easement or right over the specified land where the Secretary of State is satisfied that it is required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.

(3) Part I (paragraphs 2 onwards) and Part II of Schedule 3 of the Electricity Act 1989 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a licence holder pursuant to this paragraph, the negotiation of consideration and compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined shall be payable by the undertaker and Schedule 3 of the Electricity Act 1989 as applied by this paragraph shall be interpreted accordingly.

Interpretation

3

In this Part of this Schedule—

“dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

“licence holder” means a person holding a licence under section 6 of the Electricity Act 1989;

“necessary wayleave” means consent for the licence holder to install and keep installed the electric line on, under or over the specified land and to have access to the specified land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line;

“specified land” means the land within or outside the Order limits on, under or over which a licence holder agrees, pursuant to paragraph 1 or 2, that an electric line should be relocated in substitution for an existing electric line; and

“Tribunal” means the Upper Tribunal in relation to England and Wales.

PART 2 — ON BEHALF OF CODE OPERATORS

Court imposition of code rights

4

(1) This paragraph applies where—

(a) a code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the code operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b) the code operator has agreed in writing that the undertaker may seek code rights on behalf of the code operator in respect of the specified land, including all of the other terms of the agreement sought; and

(i) setting out the code rights, and all of the other terms of the agreement sought, and

(ii) stating that the person’s agreement to those terms is sought.

(2) The undertaker may apply to the court for an order under this paragraph if the relevant person does not, before the end of 28 days beginning with the day on which the notice in sub-paragraph (1)(c) is given, agree to confer or be otherwise bound by the code rights.

(3) An order under this paragraph is one which imposes on the code operator and the relevant person an agreement between them which—

(a) confers the code rights on the operator, or

(b) provides for the code rights to bind the relevant person.

(4) Where the undertaker makes an application to the court under sub-paragraph (2), paragraphs 21, 22, 23, 24 and 26 of Part 4 of Schedule 3A (The Electronic Communications Code) and Part 14 (Compensation under The Code) of the Communications Act 2003 shall apply as if—

(a) (reference to the making of an ‘order under paragraph 20’ were substituted for the making of an order under Schedule 12 (acquisition of wayleaves, easements and other rights) of the Stonestreet Green Solar Order 2025; and

(b) unless otherwise agreed on a case-by-case basis in writing between the undertaker and the code operator, all references to ’consideration’ or ’compensation’ provided for in any agreement or order or otherwise to be determined shall be read as being payable by the undertaker.

Compulsory acquisition of easements or other rights

5

(1) The undertaker may seek a compulsory purchase order on behalf of a code operator where—

(a) the code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b) the code operator has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the code operator in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant code operator to purchase compulsorily the specified land or an easement or right over the specified land if the Secretary of State is satisfied that it is required by the code operator—

(a) for, or in connection with, the establishment or running of the code operator’s network; or

(b) as to which it can reasonably be foreseen that it will be so required.

(3) Subject to sub-paragraph (4), paragraphs 3(2) to 3(7) of Schedule 4 of the Communications Act 2003 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a code operator pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker and Schedule 4 of the Communications Act 2003 shall be interpreted accordingly as it applies to this paragraph.

Interpretation

6

In this Part of this Schedule, the following terms have the following meanings—

“code operator’s network” has the meaning given for ‘operator’s network’ in paragraph 6 of Schedule 3A of the Communications Act 2003;

“code rights” has the meaning given in paragraph 3 of Schedule 3A of the Communications Act 2003;

“court” has the meaning given in paragraph 94 of Schedule 3A of the Communications Act 2003;

“electronic communications apparatus” has the meaning given in paragraph 5 of Schedule 3A of the Communications Act 2003;

“code operator” has the meaning given for an ‘operator’ in paragraph 2 of Schedule 3A of the Communications Act 2003;

“relevant person” means the person in respect of whose interest in land a code right is required;

“specified land” means the land within or outside the Order limits on, under or over which an operator agrees, pursuant to paragraph 4(1), that electronic communications apparatus should be relocated in substitution for existing electronic communications apparatus.

PART 3 — ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS

Compulsory acquisition of easements or other rights

7

(1) The undertaker may seek a compulsory purchase order on behalf of a water or sewerage undertaker where—

(a) the water or sewerage undertaker has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove water or sewerage apparatus owned by the water or sewerage undertaker within the Order limits and to install and keep installed alternative apparatus in substitution for it on, under or over specified land;

(b) the water or sewerage undertaker has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the water or sewerage undertaker in respect of the specified land.

(2) Subject to sub-paragraph (3), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant water or sewerage undertaker to purchase compulsorily the specified land or an easement or right over the specified land where the Secretary of State is satisfied that it is required by the water or sewerage undertaker for the purposes of, or in connection with, the carrying out of its functions.

(3) Section 155(3) to (6) of the Water Industry Act 1991 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the water or sewerage undertaker in writing, where the undertaker seeks a compulsory purchase order on behalf of a water or sewerage undertaker pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker.

(5) In this paragraph—

“alternative apparatus” means alternative water or sewerage apparatus adequate to enable the water or sewerage undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“specified land” means the land within or outside the Order limits on, under or over which a water or sewerage undertaker agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing relevant water or sewerage apparatus.

“water or sewerage undertaker” means ’water undertaker’ or ’sewerage undertaker’ as defined in the Water Industry Act 1991; and

“water or sewerage apparatus” means (i) mains, pipes or other water apparatus belonging to or maintained by a water undertaker for the purposes of water supply; and (ii) any drain or works vested in a sewerage undertaker, and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pimps, or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus.

PART 4 — ON BEHALF OF GAS TRANSPORTERS

Compulsory acquisition of easements or other rights

8

(1) The undertaker may seek a compulsory purchase order on behalf of a gas transporter where—

(a) the gas transporter has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove gas apparatus owned by the gas transporter within the Order limits and to install and keep installed gas apparatus in substitution for it on, under or over specified land; or

(b) the gas transporter has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the gas transporter in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant gas transporter to purchase compulsorily an easement or right over the specified land.

(3) Schedule 3 of the Gas Act 1986 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Where the undertaker seeks a compulsory purchase order on behalf of a gas transporter pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker, unless otherwise agreed with the gas transporter, and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker only (unless otherwise agreed with the operator).

(5) In this paragraph—

“alternative apparatus” means alternative gas apparatus adequate to enable the gas transporter in question to fulfil its statutory functions in a manner not less efficient than previously;

“gas apparatus” means any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purpose of gas supply;

“gas transporter” has the meaning given in Part 1 of the Gas Act 1986; and

“specified land” means land within or outside the Order limits on, under or over which a gas transporter agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing gas apparatus.

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1

For the protection of the affected undertakers referred to in this Part of this Schedule (save for any utility undertakers which are specifically protected by any other Part of this Schedule, which will take precedence) the following provisions have effect, unless otherwise agreed in writing between the undertaker and the affected undertaker concerned.

Interpretation

2

In this Part of this Schedule—

“affected undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00061];a water undertaker within the meaning of the Water Industry Act 1991[^f00062]; ora sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991,

for the area of the authorised development but, for the avoidance of doubt, does not include the undertakers specified in Parts 3 to 7 of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;

“alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—in the case of an electricity undertaker, electric lines or electric plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a water undertaker—mains, pipes or other apparatus belonging to or maintained by that affected undertaker for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991;in the case of a sewerage undertaker—any drain or works vested in the affected undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties; and

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.

Precedence of the 1991 Act in respect of apparatus in the streets

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the affected undertaker are regulated by the provisions of Part 3 (water supply) of the Water Industry Act 1991.

Removal of apparatus

4

(1) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (2), afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(2) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (1), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

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