The Oaklands Farm Solar Park Order 2025

• (5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice, and any expenditure incurred by it in so doing is recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

75

• (1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of any specified work maintain in good repair and condition and free from obstruction any drainage work that is situated within the order limits held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any drainage work that the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

• (5) This paragraph does not apply to—

• (a) drainage works that are vested in the drainage authority or that the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

• (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part.

76

If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage works for flood defence purpose is impaired, or the drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

77

The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses that the drainage authority may reasonably incur, have to pay or may sustain—

• (a) in the examination or approval of plans under this Part;

• (b) in inspecting the construction of any specified work or any protective works required by the drainage authority under this Part; and

• (c) in carrying out of any surveys or tests by the drainage authority that are reasonably required in connection with the construction of the specified work.

78

• (1) Without limiting the other provisions of this Part, the undertaker must indemnify the drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by, the drainage authority by reason of—

• (a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

• (b) any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or

• (c) any flooding or increased flooding of any such land,

that is caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

• (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker (such agreement not to be unreasonably withheld or delayed).

79

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part.

80

Any dispute between the undertaker and the drainage authority under this Part, if the parties agree, must be determined by arbitration under article 38 (arbitration).

SCHEDULE 11 — ARBITRATION RULES

Primary objective

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 38 (arbitration) of this Order.

• (2) The arbitration will be deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these arbitration rules are measured in days and include weekends, but not bank or public holidays.

• (2) Time periods are calculated from the day after the arbitrator is appointed which is either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 14 days of the arbitrator being appointed, the Claimant must provide both the Respondent and the arbitrator with—

• (a) a written Statement of Claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, the amount of its claim and/or the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the Claimant’s statements under sub-paragraph (2) by the arbitrator and Respondent, the Respondent must provide the Claimant and the arbitrator with—

• (a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations of the objections.

• (4) Within 7 days of the Respondent serving its statements under sub-paragraph (3), the Claimant may make a Statement of Reply by providing both the Respondent and the arbitrator with—

• (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;

• (c) any expert report in response to the Respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The arbitrator will make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within 7 days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within 10 days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing in relation to the expert(s)—

• (a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they must jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least 7 days before the hearing.

• (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held, the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

• (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified by these Rules in this Schedule.

• (2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice, but only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

• (2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

• (4) The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) Hearings in any arbitration are to take place in public, unless agreed otherwise by the arbitrator on application from one or both of the parties.

• (2) Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the Courts or where disclosure is required under any legislative or regulatory requirement.

SCHEDULE 12 — DOCUMENTS TO BE CERTIFIED

Documents	Document Reference	Examination Library Reference	Date
Book of reference	EN010122/D8/4.3	REP8-012	December 2024
Land plans	EN010122/D6/2.2	REP6-003	November 2024
Works plans	EN010122/S51/2.3	AS-003	May 2024
Streets, access and rights of way plan	EN010122/D4/2.4	REP4-003	October 2024
Important Hedgerows Plan	EN010122/APP/2.9	APP-014	January 2024
Design statement	EN010122/D6/7.2	REP6-035	November 2024
Environmental Statement Contents Chapter 1 Appendices 1.1 – 1.2 Figures 1.1 – 1.5 Chapter 2 Appendices 2.1 – 2.3 Figure 2.1 Chapter 3 Appendices 3.1a – 3.1b Figures 3.1 – 3.5 Appendices 4.1 – 4.2 Appendices 4.6 – 4.8 Figures 4.1a – 4.15c Appendices 5.1 – 5.4 Figures 5.1 – 5.21a-d Chapter 6 Appendices 6.1 – 6.13 Appendix 6.15 Figures 6.1 – 6.4 Appendix 7.2 Figure 7.1 Chapter 8 Figures 8.1 – 8.3 Chapter 9 Appendix 9.1 Figure 9.1 Chapter 10 Appendices 10.2 – 10.7 Appendices 11.2 – 11.3 Figures 11.1 – 11.3 Chapter 12 Appendix 12.1 Figures 12.1 – 12.2 Chapter 15 Appendices 15.2 – 15.5 Figure 15.1 Chapter 16 Appendices 16.1 – 16.2 Figures 16.1a – 16.1b Chapter 17 Appendix 17.1	EN010122/APP/6.1	APP-071, APP-073 – APP-075, APP-077 –APP-089, APP-093 – APP-095, APP-097 – APP-103, APP-107 – APP-132, APP-134 – APP-136, APP-138, APP-140, APP-143 – APP-147, APP-149 – APP-155, APP-158 – APP-159, APP-161 – APP-164, APP-168 – APP-169, APP-171 – APP-180.	January 2024
Environmental Statement - Chapter 4 Project Description	EN010122/D6/6.1	REP6-031	November 2024
Environmental Statement – Appendix 4.3 Outline Construction Environmental Management Plan	EN010122/D6/6.1	REP6-018	November 2024
Environmental Statement – Appendix 4.4 Outline Operational Environmental Management Plan	EN010122/D6/6.1	REP6-020	November 2024
Environmental Statement – Appendix 4.5 Outline Decommissioning Environmental Management Plan	EN010122/D6/6.1	REP6-022	November 2024
Environmental Statement – Chapter 5 Landscape and Visual	EN010122/D4/6.1	AS-027	October 2024
Environmental Statement – Appendix 5.5 Residential Visual Amenity Assessment	EN010122/D6/6.1	REP6-024	November 2024
Environmental Statement – Appendix 5.6 Outline Landscape and Ecological Management Plan	EN010122/D4/6.1	REP4-040	October 2024
Environmental Statement – Appendix 6.14 Arboricultural Survey Report	EN010122/D6/6.1	REP6-026	November 2024
Environmental Statement – Chapter 7 Historic Environment	EN010122/D1/6.1	REP1-017	July 2024
Environmental Statement – Appendix 7.1 Historic Environment Assessment	EN010122/D1/6.1	REP1-019	July 2024
Environmental Statement – Appendix 8.1 Flood Risk Assessment and Outline Drainage Strategy	EN010122/D7/6.1	REP7-003	December 2024
Environmental Statement – Appendix 8.2 Water Framework Directive Assessment	EN010122/D4/6.1	REP4-043	October 2024
Environmental Statement – Appendix 10.1 Outline Construction Traffic Management Plan	EN010122/D6/6.1	REP6-028	November 2024
Environmental Statement – Figures 10.1 – 10.4, 10.6 – 10.9	EN010122/S51/6.1	AS-015	May 2024
Environmental Statement – Chapter 11 Noise	EN010122/D4/6.1	REP4-045	October 2024
Environmental Statement – Appendix 11.1 Baseline Noise Survey Report	EN010122/D4/6.1	REP4-051	October 2024
Environmental Statement – Chapter 13 Climate Change	EN010122/D3/6.1	REP3-021	August 2024
Environmental Statement – Chapter 14 Glint and Glare	EN010122/D4/6.1	REP4-047	October 2024
Environmental Statement – Appendix 14.1 Solar Photovoltaic Glint and Glare Study	EN010122/D4/6.1	REP4-034	October 2024
Environmental Statement – Appendix 15.1 Agricultural Land Classification Survey for Oaklands Farm	EN010122/D6/6.1	REP6-030	November 2024
Environmental Statement – Non-Technical Summary	EN010122/S51/6.2	AS-016	May 2024
Environmental Statement Addendum – Cumulative Effects Update	EN010122/D6/14.5	REP6-044	November 2024
Additional Land Classification Survey at Park Farm	EN010122/D5/13.14	REP5-036	October 2024
Outline Skills, Supply Chain and Employment Plan	EN010122/D6/14.4	REP6-043	November 2024
Sequential Assessment – Flood Risk	EN010122/D6/14.6	REP6-045	November 2024

SCHEDULE 13 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) TPO reference
Trees within the area identified as W4 in South Derbyshire District Council’s Tree Preservation Order No. 122 (1994)	Potential felling or lopping of trees, or cutting back tree roots, to enable the construction of the authorised development	Work Nos. 5 and 5A	TPO No. 122 (1994)

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 19th June 2025

Editorial notes

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises the construction, operation, maintenance and decommissioning of a solar generating station and battery energy storage facility together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory purchase of land (including rights in land) and the right to use land and to override easements and other rights.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 34 (certification of plans, etc.) may be inspected free of charge during working hours at the South Derbyshire District Council, Civic Way, Swadlincote, Derbyshire DE11 0AH and at Derbyshire County Council, County Hall, 88 Smedley Street, Matlock DE4 3AG.

Footnotes