The Oaklands Farm Solar Park Order 2025

Service of notices

35

• (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 1978²²¹ 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 (describing it); 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 is 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 provider such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication 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 7 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 that 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

36

• (1) Subject to Article 37 (trees subject to preservation orders) 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 from—

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

• (b) constituting a danger to persons using the authorised development; or

• (c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

• (2) In carrying out any activity authorised by paragraph (1) or (4), the undertaker must—

• (a) do no unnecessary damage to any tree, or shrub;

• (b) ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice provided these meet or exceed the appropriate British Standards; and

• (c) 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 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 Schedule 9 Part 1 (removal of important hedgerows); and

• (b) remove those parts of the hedgerows as are within the Order limits and specified in Schedule 9 Part 2 (removal of hedgerows).

• (5) The undertaker may not pursuant to paragraph (1) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

• (6) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997²²².

Trees subject to tree preservation orders

37

• (1) The undertaker may fell or lop any tree described in Schedule 13 (trees subject to tree preservation orders) within or overhanging land within the Order limits or cut back its roots, as it relates to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, operation or maintenance of the authorised development or any apparatus used in connection with the authorised development in accordance with the landscape and ecological management plan.

• (2) In carrying out any activity authorised by paragraph (1)—

• (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.

• (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

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

• (5) The undertaker may not pursuant to paragraph (1) fell or lop a veteran or ancient tree without the prior approval of the local planning authority.

Arbitration

38

• (1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules at Schedule 11 (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 is not subject to arbitration.

Requirements, appeals, etc.

39

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

• (2) Part 3 (procedure for discharge of requirements) of Schedule 1 (authorised development) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements in Part 2 (requirements) of that Schedule.

Application of landlord and tenant law

40

• (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, maintenance, use or operation 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 prejudices 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.

Protective provisions

41

Schedule 10 (protective provisions) has effect.

Funding

42

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

• (a) a guarantee, the form and the 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 the 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 17 (compulsory acquisition of land);

• (b) article 19 (compulsory acquisition of rights);

• (c) article 20 (private rights);

• (d) article 22 (acquisition of subsoil only);

• (e) article 25 (rights under or over streets);

• (f) article 26 (temporary use of land for carrying out the authorised development);

• (g) article 27 (temporary use of land for maintaining the authorised development); and

• (h) article 28 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) 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

PART 1 — AUTHORISED DEVELOPMENT

1

In the administrative area of Derbyshire the construction, operation, maintenance and decommissioning of a nationally significant infrastructure project as defined in sections 14(1) and 15 of the 2008 Act with associated development under section 115(1)(b) of the 2008 Act.

2

The nationally significant infrastructure project authorised by this Order comprises a 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—

PART 2 — REQUIREMENTS

Time limits

3

The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Phases of authorised development and date of final commissioning

4

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

• (2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phases of the authorised development and a plan identifying the phasing areas.

• (3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

• (4) Notice of the date of final commissioning for the first phase of Work No. 1 to complete commissioning must be given to the local planning authority within 15 working days of the date of final commissioning for that phase.

Detailed design approval

5

• (1) No phase of the authorised development may commence until 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) drainage, water, power and communications cables and pipelines;

• (i) programme for landscaping works;

• (j) fencing; and

• (k) the anti-reflective coating to be used on the solar modules in Work No. 1,

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

• (2) The details submitted must accord with—

• (a) the site location plan;

• (b) the works plan;

• (c) the design parameters; and

• (d) the outline design principles as set out in the design statement, or such variation thereof as may be approved by the local planning authority pursuant to requirement 25.

• (3) The authorised development must be carried out in accordance with the approved details.

Implementation and maintenance of landscaping

6

• (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 8 (landscape and ecological management plan), and in accordance with the relevant recommendations of appropriate British Standards.

• (2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the local planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Arboricultural method statement (AMS)

7

No phase of the authorised development may commence until an arboricultural method statement (AMS) for that phase has been submitted to and approved by the local planning authority. Any AMS submitted for approval must be in accordance with the Tree Retention and Removal Plan and Tree Protection Plan contained within appendix 6.14 of the environmental statement and the development of any phase of the development to which the AMS relates must be carried out in accordance with the approved AMS.

Landscape and ecological management plan (LEMP)

8

• (1) No phase of the authorised development may commence until a landscape and ecological management plan (LEMP) covering that phase which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England.

• (2) The LEMP must include—

• (a) details of the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stage of the authorised development;

• (b) details of habitat creation, including new native hedgerow planting adjacent to the proposed security fencing along the line of the existing footpath, replanting of any breaks (gaps) in excess of 1 metre in existing native hedgerows within the Order limits adjacent to the footpath and sowing of wildflower seed along the margins between the footpath and the hedgerow/security fence boundaries;

• (c) details of ongoing management including seasonal grazing regime and other measures including the annual review of the need for any additional mitigation planting work, during the lifetime of the authorised development;

• (d) a timetable for the landscape management of the land within the Order limits during the lifetime of the authorised development;

• (e) details of how the plan will secure a minimum of 20% biodiversity net gain in habitat units, a minimum of 10% biodiversity net gain in hedgerow units, and a minimum of 10% biodiversity net gain in river units during the operation of the authorised development, and the metric that has been used to calculate that those percentages will be reached; and

• (f) landscaping details.

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

• (4) No site preparation works are to be commenced until a LEMP covering the site preparation works which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England. Such LEMP must be implemented as approved.

Construction environmental management plans (CEMP)

9

• (1) No phase of the authorised development may commence until a construction environmental management plan (CEMP) for that phase has been submitted to and approved by the local planning authority in consultation with the Environment Agency and Natural England. Any CEMP submitted for approval must be in accordance with the outline CEMP and the construction of any phase of the authorised development to which the CEMP relates must be carried out in accordance with the approved CEMP.

• (2) The CEMP for each phase of the authorised development must provide details of—

• (a) community liaison;

• (b) complaints procedures;

• (c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

• (d) a soil management plan;

• (e) site waste and materials management measures;

• (f) pollution control measures to prevent the introduction of any hazardous substances;

• (g) a water quality and silt management plan;

• (h) security measures and use of artificial lighting;

• (i) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction;

• (j) details of out of hours working procedures;

• (k) details of measures to be adopted including pre-construction surveys to protect species defined as a European Protected Species in regulation 42 (European protected species of animals) and regulation 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017²²³ or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981²²⁴ applies;

• (l) environmental monitoring plan;

• (m) flood risk management measures including surface water management; and

• (n) a habitats constraints plan.

• (3) Pre-commencement establishment of construction compounds, preparation of land for construction, construction area fencing and installation of site drainage must only take place in accordance with a specific plan for such works which accords with the outline CEMP and which has been submitted to and approved by the local planning authority in consultation with the Environment Agency.

• (4) No site preparation works are to be commenced until a soil management plan covering the site preparation works which accords with the outline CEMP has been submitted to and approved by the local planning authority. Such soil management plan must be implemented as approved.

• (5) For the purposes of requirement 9(1) “commence” includes any site preparation works comprising site clearance (including vegetation removal, demolition of existing buildings and structures).

Construction traffic management plan (CTMP)

10

• (1) No phase of the authorised development may commence until a construction traffic management plan (CTMP) covering that phase and in accordance with the outline CTMP has been submitted to and approved by the local planning authority in consultation with the highway authority for the highway(s) to which the CTMP for that phase relates.

• (2) The CTMP must include details of—

• (a) associated traffic movements; including delivery vehicles and staff construction/vehicle movements;

• (b) traffic management requirements on the adjoining public highway; and

• (c) a condition survey for any road which will be affected by undertaking that phase of the authorised development and a further condition survey following that phase of the construction works. In the event that any defects are identified in that condition survey that are directly attributable to that phase of the construction works of the authorised development, details of how those defects are to be remediated by the undertaker.

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

• (4) For the purposes of requirement 10(1) “commence” includes any site preparation works comprising site clearance (including vegetation removal and demolition of existing buildings and structures).

Operational environmental management plan (OEMP)

11

• (1) No phase of the authorised development may commence until an operational environmental management plan (OEMP) which accords with the outline OEMP for that phase has been submitted to and approved by the local planning authority.

• (2) The OEMP must include details of—

• (a) nuisance management including measures to avoid or minimise the impacts of operational works (covering dust, noise and vibration);

• (b) associated traffic movements; including delivery vehicles and staff operation/vehicle movements;

• (c) detailed operational drainage design;

• (d) measures for the replacement of damaged solar panels; and

• (e) a soil management plan.

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

Battery safety management plan (BSMP)

12

• (1) Prior to the commencement of Work No. 2 a battery safety management plan (BSMP) must be submitted to and approved by the local planning authority.

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

• (3) In the event that the submitted BSMP proposes changes to the outline BSMP the local planning authority must not approve the BSMP until it has consulted with Derbyshire Fire and Rescue Service.

• (4) The BSMP must be implemented as approved and maintained throughout the construction, maintenance, operation and decommissioning of the authorised development.

Land contamination

13

• (1) No phase of the authorised development, and no part of the site preparation works for that phase comprising remedial work in respect of any contamination, may commence until a contamination risk assessment in respect of soils has been produced which is to include details of—

• (a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

• (b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination;

• (c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works; and

• (d) appropriate remediation strategies and mitigation measures to address any contaminated material that may be found at any time when carrying out the authorised development, which was not previously identified in the environmental statement,

and has been submitted to and approved by the local planning authority in consultation with the Environment Agency.

• (2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

• (3) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be prepared, submitted to and approved in writing by the local planning authority in consultation with the Environment Agency.

• (4) Remedial measures must be carried out in accordance with the approved scheme, and a verification report following completion of those remedial measures must be submitted to the local planning authority.

Public rights of way diversions

14

• (1) No phase of the authorised development may commence and no decommissioning may be undertaken until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that phase has been submitted to and approved by the local planning authority in consultation with the relevant highway authority.

• (2) The plan must include details of—

• (a) measures to minimise the length of any sections of public rights of way to be temporarily closed;

• (b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed;

• (c) personnel responsible for safeguarding users of the Cross Britain Way and public safety;

• (d) the locations of any public rights of way to be temporarily closed;

• (e) the hours of proposed works affecting public rights of way; and

• (f) measures to safeguard users of public rights of way during construction of the authorised development.

• (3) The plan must be implemented as approved unless otherwise agreed with the local planning authority in consultation with the highway authority.

Operational noise

15

• (1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the outline operational environmental management plan are to be complied with for that phase has been submitted to and approved by the local planning authority.

• (2) The design as described in the operational noise assessment must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Fencing and other means of enclosure

16

• (1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the local planning authority as part of the detailed design approval required by requirement 5(1).

• (2) For the purposes of requirement 16(1), “commence” includes any site preparation works.

• (3) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development.

• (4) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.

• (5) Any approved permanent fencing must be completed before completion of the authorised development.

• (6) No site preparation works are to be commenced until written details of all proposed temporary fences, walls or other means of enclosure for the site preparation works have been submitted to and approved by the local planning authority.

• (7) Any proposed permanent or temporary fences, walls or other means of enclosure must be carried out in accordance with the approved details.

Surface and foul water drainage

17

• (1) No phase of the authorised development may commence until written details of the surface and foul water drainage system for that phase have been submitted to and approved by the local planning authority.

• (2) The details submitted under sub-paragraph (1) must be in accordance with and include the plans and strategies referred to in the flood risk assessment and outline drainage strategy forming appendix 8.1 of the environmental statement.

• (3) The surface and foul water drainage system for the relevant part of the authorised development must be implemented in accordance with the approved details and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Archaeology

18

• (1) No phase within the authorised development, and no part of the site preparation works for that phase, may commence until an archaeological written scheme of investigation (WSI) for that phase has been submitted to and approved by the local planning authority in consultation with the county archaeologist.

• (2) Any archaeological works or programme of archaeological investigation carried out under the approved WSI must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute, and the nominated organisation and its relevant specialists will be identified and agreed within the WSI.

• (3) Any archaeological works must be carried out in accordance with the approved WSI, including post-excavation analysis, reporting, publication and archiving.

Permissive path

19

• (1) Where a phase of the authorised development includes the provision of a permissive path, the permissive path must be provided and open to the public within 12 months of the date of final commissioning in respect of that phase.

• (2) No phase of the authorised development which includes a permissive path may commence until written details of the route and maintenance provisions have been submitted to and approved by the local planning authority as part of the detailed design approval required by requirement 5(1).

• (3) The permissive path must be maintained and access by the public permitted for 264 days a year (subject to closures for maintenance or emergencies) until commencement of decommissioning of the authorised development pursuant to requirement 22 (decommissioning and restoration).

Construction hours

20

• (1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of—

• (a) 07:00 to 19:00 Monday to Friday; and

• (b) 07:00 to 13:30 on Saturday.

• (2) The following works are permitted outside the hours referred to in sub-paragraph (1)—

• (a) emergency works; and

• (b) works which do not cause noise that is audible at the boundary of the Order limits and do not give rise to any materially new or materially different environmental effects compared to those identified in the environmental statement.

• (3) Any emergency works carried out under sub-paragraph (2)(a) must be notified to the local planning authority within 72 hours of their commencement.

• (4) Save for emergency works, works under sub-paragraph (2) must be carried out in accordance with the approved scheme.

Protected species

21

• (1) No phase of the authorised development may commence until protected species surveys have been carried out by a suitably qualified person. The surveys shall inform the mitigation measures required for the protection of such species, which shall be incorporated into a species protection plan (SPP) that shall include a scheme of protection and mitigation.

• (2) The SPP must be agreed with the local planning authority in consultation with Natural England and implemented as approved.

• (3) In this requirement, “protected species” refers to any species defined as a European Protected Species in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981²²⁵ applies.

Decommissioning and restoration

22

• (1) Within 3 months of the date that the undertaker decides to decommission any part of the solar farm works and grid connection works, or no later than 6 months before the 40th anniversary of the date of final commissioning of the first phase of Work No. 1 as notified by the undertaker pursuant to requirement 4 (phasing of the authorised development and date of final commissioning), the undertaker must submit a decommissioning environmental management plan and a decommissioning traffic management plan for that part.

• (2) The plans must be submitted to the local planning authority for that part (or both local planning authorities where that part falls within the administrative areas of both South Derbyshire District Council and Derbyshire County Council) for approval.

• (3) Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1.

• (4) The undertaker must provide notice to the local planning authority once any part of the authorised development stops generating electricity for more than 6 months. If, by expiry of the period of 12 continuous months beginning with the date of the notice, and unless otherwise agreed in writing by the undertaker and the relevant local planning authority, that part of the authorised development does not re-generate electricity, then within 3 months the undertaker must submit to the local planning authority for that part (or both local planning authorities where that part falls within the administrative areas of both South Derbyshire District Council and Derbyshire County Council) for approval a decommissioning environmental management plan and a decommissioning traffic management plan for that part.

• (5) The plans submitted and approved must be substantially in accordance with the relevant part of the outline decommissioning environmental management plan.

• (6) The decommissioning environmental management plan submitted and approved must include—

• (a) a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials; and

• (b) details of measures to be adopted including pre-decommissioning surveys to protect species defined as a European Protected Species in regulation 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981²²⁶ applies.

• (7) No decommissioning works may be carried out until the local planning authority or both relevant local planning authorities (as applicable) has/have approved the plans submitted in relation to such works in consultation with the Environment Agency and Natural England.

• (8) The plans must be implemented as approved, and decommissioning of that part of the authorised development to which a plan relates must be completed within 2 years of such approval, or such other time period as is agreed in writing between the undertaker and the local planning authority.

• (9) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.

Skills, supply chain and employment

23

• (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the local planning authority.

• (2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan.

• (3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities.

• (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Requirement for written approval

24

Where the approval, agreement or confirmation of the Secretary of State, 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

25

• (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the local planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the local planning authority in accordance with sub-paragraph (2).

• (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the local planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects compared to those identified in the environmental statement.

• (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the local planning authority.

Consultation

26

Where the local planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such person or body prior to making an application to discharge the requirement.

PART 3 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

27

In this Part of this Schedule, “relevant authority” means—

• (a) any body, other than the Secretary of State, responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

• (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”²²⁷.

Applications made under requirements

28

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

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

• (b) where further information is requested under paragraph 29, the day immediately following that on which the further information has been supplied by the undertaker,

Further information regarding requirements

29

• (1) In relation to any application referred to in paragraph 28, the relevant authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

• (2) If the relevant authority considers that further information is necessary and the requirement concerned does not specify that consultation with a consultee is required, the relevant authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement concerned specifies that consultation with a consultee is required, the relevant authority must issue the application to the consultee within five business days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

• (4) If the relevant authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

Appeals

30

• (1) Where a person (“the applicant”) makes an application to a relevant authority, the applicant may appeal to the Secretary of State in the event that—

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

• (i) a requirement contained in Part 2 of this Schedule; or

• (ii) a document referred to in any requirement contained in Part 2 of this Schedule;

• (b) the relevant authority grants such an application subject to conditions;

• (c) the relevant authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;

• (d) on receipt of a request for further information pursuant to paragraph 29 of this Schedule, the applicant considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or

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

• (2) The appeal process is as follows—

• (a) any appeal by the applicant 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 28(1), giving rise to the appeal referred to in sub-paragraph (1);

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

• (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 relevant 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 applicant on the day on which they are submitted to the appointed person;

• (e) the applicant must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-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 sub-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)(d) to (f).

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

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person are to be met by the applicant.

• (12) On application by the relevant authority or the applicant, 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 relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

Fees

31

• (1) Where an application is made to the local planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012²²⁸ (as may be amended or replaced from time to time) is to apply and must be paid to the local planning authority for each application.

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

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

• (b) the local planning authority failing to determine the application within eight weeks from the relevant date in paragraph 28(1) unless—

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

• (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 28(1) of this Schedule.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works	(3) Description of works
Derbyshire	Walton Road	Cable works at the point marked SW-B1 on sheet 1 of the streets, access and rights of way plan
Derbyshire	Rosliston Road	Cable works at the point marked SW-C1 on sheet 2 of the streets, access and rights of way plan
Derbyshire	Coton Road	Cable works at the point marked SW-D1 on sheets 3 and 4 of the streets, access and rights of way plan

SCHEDULE 3 — ALTERATION OF STREETS

PART 1 — PERMANENT ALTERATION TO LAYOUT

(1) Area	(2) Street Subject to alteration	(3) Extent of alterations
Derbyshire	Walton Road	Works for provision of a permanent private means of access (Drakelow Access) at the point marked AS-B1 on sheet 1 of the streets, access and rights of way plan
Derbyshire	Rosliston Road (south)	Works for the provision of a permanent private means of access (Rosliston emergency access) at the point marked AS-C1 on sheet 2 of the streets, access and rights of way plan
Derbyshire	Coton Road	Works for the provision of a permanent private means of access (Southern Crossroad) at the point marked AS-D1 on sheet 4 of the streets, access and rights of way plan
Derbyshire	Coton Road	Works for the provision of a permanent private means of access (Southern Crossroad) at the point marked AS-D2 on sheet 4 of the streets, access and rights of way plan
Derbyshire	Coton Road	Vegetation clearance for the creation of visibility splays at the point marked AS-D3 on sheet 4 of the streets, access and rights of way plan
Derbyshire	Coton Road	Vegetation clearance for the creation of visibility splays at the point marked AS-D4 on sheet 4 of the streets, access and rights of way plan
Derbyshire	Coton Road	Works for the provision of a permanent means of access at the point marked AS-F1 on sheet 4 of the streets, access and rights of way plan

PART 2 — TEMPORARY ALTERATION TO LAYOUT

(1) Area	(2) Street subject to alteration	(3) Extent of alterations
Derbyshire	Walton Road	Works for the provision of a temporary means of access (Park Farm Eastern Access) at the point marked AS-A1 on sheet 1 of the streets, access and rights of way plan
Derbyshire	Track at Park Farm	Works for the provision of a temporary means of access at the point marked AS-C1 on sheet 2 of the streets, access and rights of way plan
Derbyshire	Walton Road	Works for the provision of a temporary means of access at the point marked AS-A3 on sheet 1 of the streets, access and rights of way plan
Derbyshire	Rosliston Road (north)	Works for the provision of a temporary means of access at the point marked AS-C1 on sheet 2 of the streets, access and rights of way plan

SCHEDULE 4 — ACCESS TO WORKS

PART 1 — PERMANENT PRIVATE MEANS OF ACCESS TO WORKS

(1) Area	(2) Reference as shown on the streets, access and rights of way plan	(3) Description of access
Derbyshire	AC-D1 to AC-D2	Improved permanent construction and decommissioning access, as shown on sheet 4 of the streets, access and rights of way plan
Derbyshire	AC-D3 to AC-D4	Improved permanent construction and decommissioning access, as shown on sheet 4 of the streets, access and rights of way plan

PART 2 — TEMPORARY PRIVATE MEANS OF ACCESS

(1) Area	(2) Reference as shown on the streets, access and rights of way plan	(3) Description of access
Derbyshire	AC-A1 to AC-A2	New temporary construction and decommissioning access, as shown on sheet 1 of the streets, access and rights of way plan
Derbyshire	AC-A3 to AC-A4	Improved temporary construction and decommissioning access, as shown on sheet 1 of the streets, access and rights of way plan
Derbyshire	AC-A5 to AC-A6	Improved temporary construction and decommissioning access, as shown on sheet 1 of the streets, access and rights of way plan
Derbyshire	AC-C1 to AC-C2	New temporary construction and decommissioning access, as shown on sheet 2 of the streets, access and rights of way plan
Derbyshire	AC-C3 to AC-C4	New temporary construction and decommissioning access, and permanent emergency access, as shown on sheet 2 of the streets, access and rights of way plan
Derbyshire	AS-A2	Improved temporary construction and decommissioning access, as shown on sheet 1 of the streets, access and rights of way plan

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) Area	(2) Public right of way to be temporarily closed	(3) Extent of temporary stopping up
Derbyshire	SD48/9/1	499m as shown on sheets 2 and 3 of the streets, access and rights of way plan

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

In this Schedule—

• “access rights” means rights over land to— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and road widening and to remove impediments (including vegetation) to such access; 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 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;

• “cable rights” means rights over land to— 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; 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 restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

• “substation connection rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the National Grid Drakelow substation; 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; restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; and install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping measures. (1) Plot numbers(s)(2) Work No.(3) Purpose for which rights may be acquired and restrictive covenants imposed 01-012, 01-013, 01-014, 01-015, 01-016, 01-017, 01-018, 01-019, 01-020, 01-021, 01-022, 01-023, 01-024, 01-025, 01-026, 01-027, 01-028, 01-029, 01-030, 02-034, 02-035, 02-038, 02-039, 02-040, 02-041, 02-042, 02-044, 02-046, 02-0496Access rights 02-043, 02-047, 02-050, 03-058, 03-059 01-015, 01-019, 01-020, 01-021, 01-022, 02-040, 02-041, 02-042, 02-043, 02-044, 02-046, 02-047, 02-049, 02-050, 03-059 7Access rights and cable rights01-012, 01-013, 01-014, 01-015, 01-016, 01-017, 01-018, 01-019, 01-020, 01-024, 01-028, 01-030, 02-031, 02-032, 02-033, 02-035, 02-036, 02-037, 02-038, 02-040, 02-041, 02-042, 02-043, 02-046, 02-0478Access rights02-040, 02-041, 02-042, 02-043, 02-046, 02-0474Cable rights01-030, 02-031, 02-032, 02-033, 02-035, 02-038, 02-040, 02-043, 02-046, 02-0474aCable rights01-012, 01-013, 01-0144bCable rights01-001, 01-002, 01-003, 01-004, 01-007, 01-008, 01-009, 01-010, 01-0114cCable rights01-004, 01-010, 01-0115Substation connection rights01-001, 01-002, 01-004, 01-007, 01-008, 01-0095a, 5bAccess rights

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

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 limitation on the scope of paragraph 1, the Land Compensation Act 1973²²⁹ has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

3

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

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

(5A) If— (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 8 of Schedule 7 to the Oaklands Farm Solar Park Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 11 of Schedule 7 to the Oaklands Farm Solar Park Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of sub-section (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

• (1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the acquisition of land under article 17 (compulsory acquisition of land) and as modified by article 24 (modification of Part 1 of the Compulsory Purchase Act 1965)), applies to the compulsory acquisition of a right by the creation of a new right under article 19 (compulsory acquisition of rights)—

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

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

5

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

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

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

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

6

For section 7 of the 1965 Act (measure of compensation in the 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.

7

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

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

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

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

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

are so modified as 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.

8

Section 11 (powers of entry)²³⁰ of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 17 (compulsory acquisition of land), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry)²³¹, 11B (counter-notice requiring possession to be taken on specified date)²³², 12 (penalty for unauthorised entry)²³³ and 13 (refusal to give possession to acquiring authority)²³⁴ of the 1965 Act is modified correspondingly.

9

Section 20 (tenants at will, etc.)²³⁵ of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

10

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

11

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

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 21 (application of the 1981 Act) of the Oaklands Farm Solar Park Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 22(3) (acquisition of subsoil only) Oaklands Farm Solar Park Order 2025 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 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 6 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 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot reference number shown on the Land Plans	(2) Purpose for which temporary possession may be taken
01-021	Works for the provision of a temporary means of access at the point marked AS-A3 on sheet 1 of the streets, access and rights of way plan and improved temporary construction and decommissioning access between the points marked AC-A5 to AC-A6 shown on sheet 1 of the streets, access and rights of way plan
03-058	Works pursuant to Article 9 (power to alter layout, etc., of streets) and Article 10 (access to works)at the plot marked 03-058 on sheet 3 of the land plans

SCHEDULE 9 — HEDGEROWS

PART 1 — REMOVAL OF IMPORTANT HEDGEROWS