The Beacon Fen Energy Park Order 2026
S.I. 2026/1025 · Made 21 August 2026
Infrastructure Planning
Made 21st August 2026
Coming into force 14th September 2026
The application was examined by the Examining Authority (appointed by the Secretary of State) pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.
The Examining Authority, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, in accordance with section 74(2)f4 of the 2008 Act has submitted a report to the Secretary of State setting out its findings, conclusions and recommendation in respect of the application.
The Secretary of State, having considered the report and recommendation of the Examining Authority, having taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f5 and having had regard to the documents and matters referred to in section 104(2)f6 of the 2008 Act, has decided to make an order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State, in exercise of the powers conferred by sections 114f7, 115f8, 120f9, 122f10, 123f11 and 140 of the 2008 Act, makes the following Order.
Annotations to the whole text
Footnotes
- f1
-
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of and Schedule 13 to the Localism Act 2011 (c. 20).
- f2
- f3
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S.I. 2010/103, amended by S.I. 2012/635.
- f4
-
As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
- f6
-
Section 104(2) was amended by paragraph 49 of Schedule 13 to the Localism Act 2011 (c. 20) and section 58(5) of the Marine and Coastal Access Act 2009 (c. 23).
- f7
-
As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f8
-
As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- f9
-
As amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).
- f10
-
As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f11
-
Ibid.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent etc. granted by the Order
- 4Authorisation of use
- 5Maintenance of the authorised development
- 6Benefit of the Order
- 7Consent to transfer benefit of the Order
- 8Disapplication, application and modification of legislative provisions
- 9Operational land for the purposes of the 1990 Act
- 10Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 11Street works
- 12Application of the permit scheme
- 13Power to alter layout, etc., of streets
- 14Construction and maintenance of altered streets
- 15Use of private roads
- 16Temporary prohibition or restriction of use of streets and public rights of way
- 17Access to works
- 18Agreements with street authorities
- 19Traffic regulation measures
- Part 4: Supplemental powers
- 20Discharge of water
- 21Protective works to buildings
- 22Authority to survey and investigate the land
- Part 5: Powers of acquisition and possession of land
- 23Compulsory acquisition of land
- 24Compulsory acquisition of land – incorporation of the mineral code
- 25Statutory authority to override easements and other rights
- 26Time limit for exercise of authority to acquire land compulsorily
- 27Compulsory acquisition of rights and imposition of restrictive covenants
- 28Private rights
- 29Application of the 1981 Act
- 30Acquisition of subsoil only
- 31Modification of the 1965 Act
- 32Temporary use of land for carrying out the authorised development
- 33Time limit for exercise of authority to temporarily use land for carrying out the authorised development
- 34Temporary use of land for maintaining or decommissioning the authorised development
- 35Statutory undertakers
- 36Recovery of costs of new connections
- Part 6: Miscellaneous and general
- 37No double recovery
- 38Protective provisions
- 39Crown rights
- 40Certification of plans, etc.
- 41Service of notices
- 42Felling or lopping of trees or removal of hedgerows
- 43Arbitration
- 44Procedure in relation to certain approvals etc.
- 45Guarantees in respect of payment of compensation
- 46Application of landlord and tenant law
- 47National Grid extension works
- 48Funding contributions
- 49Ecology and planting contribution
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Approved details and amendments to them
- 4Community liaison group
- 5Detailed design approval
- 6Battery safety management
- 7Landscape and ecological management plan
- 8Biodiversity net gain
- 9Fencing and other means of enclosure
- 10Surface and foul water drainage
- 11Archaeology
- 12Construction environmental management plan
- 13Construction traffic management plan
- 14Operational noise
- 15Permissive path
- 16Soil management
- 17Skills, supply chain and employment
- 18Public rights of way
- 19Decommissioning and restoration
- 20Flood risk
- 21Contaminated land and groundwater
- 22Operational waste
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 23Interpretation
- 24Applications made under requirement
- 25Further information and consultation
- 26Appeals
- 27Fees
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: ALTERATION OF STREETS
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 5: STREETS AND PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 2PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
- 3TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
- 4TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY
- Schedule 6: ACCESS TO WORKS
- 1PERMANENT MEANS OF ACCESS TO WORKS
- 2TEMPORARY MEANS OF ACCESS TO WORKS
- Schedule 7TRAFFIC REGULATION MEASURES
- Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of the 1965 Act
- 5Application of the 1965 Act
- 6Application of the 1965 Act
- 7Application of the 1965 Act
- 8Application of the 1965 Act
- 9Application of the 1965 Act
- 10Application of the 1965 Act
- Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Application
- 2Interpretation
- 3Precedence of the 1991 Act in respect of apparatus in the streets
- 4Apparatus in temporarily closed streets
- 5Acquisition of land
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus
- 9Expenses and costs
- 10Expenses and costs
- 11Enactments and agreements
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 3: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
- 20Application
- 21Interpretation
- 22On street apparatus
- 23Apparatus in stopped up streets
- 24Protective works to buildings
- 25Acquisition of land
- 26Removal of apparatus
- 27Facilities and rights for alternative apparatus
- 28Retained apparatus
- 29Expenses and costs
- 30Expenses and costs
- 31Cooperation
- 32Cooperation
- 33Cooperation
- 34Interface with the Lincolnshire Reservoir Project
- 35Interface with the Lincolnshire Reservoir Project
- 36Interface with the Lincolnshire Reservoir Project
- 37Interface with the Lincolnshire Reservoir Project
- 38Interface with the Lincolnshire Reservoir Project
- 39Interface with the Lincolnshire Reservoir Project
- Part 4: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- 40Application
- 41Interpretation
- 42On Street Apparatus
- 43Apparatus of National Gas in stopped up streets
- 44Protective works to buildings
- 45Acquisition of land
- 46Removal of apparatus
- 47Facilities and rights for alternative apparatus
- 48Retained apparatus: protection
- 49Expenses
- 50Indemnity
- 51Enactments and agreements
- 52Co-operation
- 53Access
- 54Arbitration
- 55Notices
- Part 5: FOR THE PROTECTION OF NATIONAL GRID VIKING LINK LIMITED
- 56Application
- 57Interpretation
- 58On Street Apparatus
- 59Apparatus in stopped up streets
- 60Protective works to buildings
- 61Acquisition of land
- 62Removal of apparatus
- 63Facilities and rights for alternative apparatus
- 64Apparatus: protection
- 65Expenses
- 66Indemnity
- 67Enactments and agreements
- 68Co-operation
- 69Access
- 70Arbitration
- 71Notices
- Part 6: FOR THE PROTECTION OF LINCOLNSHIRE FIRE & RESCUE SERVICE
- 72Application
- 73Interpretation
- 74Site visits
- 75Site visits
- 76Costs
- 77Costs
- 78Arbitration
- Part 7: FOR THE PROTECTION OF ECOTRICITY (HECK FEN SOLAR) LIMITED
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- Part 8: FOR THE PROTECTION OF TRITON KNOLL LIMITED
- 88Application
- 89Interpretation
- 90On Street Apparatus
- 91Protective works to buildings
- 92Acquisition of land
- 93Removal of apparatus
- 94Facilities and rights for alternative apparatus
- 95Retained apparatus: protection
- 96Expenses
- 97Indemnity
- 98Enactments and agreements
- 99Co-operation
- 100Access
- 101Arbitration
- 102Notices
- Part 9: FOR THE PROTECTION OF BICKER FEN WINDFARM LIMITED
- 103Paragraph 103
- 104Paragraph 104
- 105Co-ordination and co-operation
- 106Co-ordination and co-operation
- 107Co-ordination and co-operation
- 108Co-ordination and co-operation
- 109Co-ordination and co-operation
- 110Indemnity
- 111Indemnity
- 112Indemnity
- Part 10: FOR THE PROTECTION OF RAILWAY INTERESTS
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Paragraph 127
- 128Paragraph 128
- 129Paragraph 129
- 130Paragraph 130
- 131Paragraph 131
- 132Paragraph 132
- 133Paragraph 133
- 134Paragraph 134
- Part 11: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
- 135Application
- 136Interpretation
- 137On Street Apparatus
- 138Apparatus of Cadent in closed or diverted streets
- 139Protective works to buildings
- 140Acquisition of land
- 141Removal of apparatus
- 142Facilities and rights for alternative apparatus
- 143Retained apparatus: protection of Cadent
- 144Expenses
- 145Indemnity
- 146Enactments and agreements
- 147Co-operation
- 148Access
- 149Arbitration
- 150Notices
- Part 12: FOR THE PROTECTION OF VICARAGE DROVE ENERGY CENTRE LIMITED
- 151Paragraph 151
- 152Interpretation
- 153Retained apparatus: protection
- 154Retained apparatus: protection
- 155Retained apparatus: protection
- 156Retained apparatus: protection
- 157Acquisition of land
- 158Access
- 159Consent of VDEC
- 160Expenses
- 161Indemnity
- 162Arbitration
- Part 13: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
- 163Application
- 164Interpretation
- 165On Street Apparatus
- 166Apparatus of National Grid in affected streets
- 167Protective works to buildings
- 168Acquisition of land
- 169Removal of apparatus
- 170Facilities and rights for alternative apparatus
- 171Retained apparatus: protection
- 172Expenses
- 173Indemnity
- 174Enactments and agreements
- 175Cooperation
- 176Access
- 177Arbitration
- 178Notices
- Part 14: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC
- 179Application
- 180Interpretation
- 181Precedence of 1991 Act in respect of apparatus in streets
- 182Access to NGED apparatus in streets
- 183No acquisition except by agreement
- 184Removal of apparatus
- 185Facilities and rights for alternative apparatus
- 186Retained apparatus
- 187Expenses and costs
- 188Liability
- 189Expert determination
- 190Enactments and agreements
- 191Co-operation
- 192Access
- Part 15: FOR THE PROTECTION OF BICKER DROVE LIMITED
- 193Access
- 194Access
- 195Interpretation
- 196Notification of route within the Bicker Drove land
- 197Retained apparatus within the Bicker Drove interface area: protection
- 198Retained apparatus within the Bicker Drove interface area: protection
- 199Retained apparatus within the Bicker Drove interface area: protection
- 200Retained apparatus within the Bicker Drove interface area: protection
- 201Retained apparatus within the Bicker Drove interface area: protection
- 202Retained apparatus within the Bicker Drove stand-off area: protection
- 203Acquisition of land within the Bicker Drove stand-off area
- 204Cooperation within the Bicker Drove stand-off area
- 205Access
- 206Expenses
- 207Indemnity
- 208Arbitration
- Schedule 12: DOCUMENTS AND PLANS TO BE CERTIFIED
- 1DOCUMENTS AND PLANS
- 2SUBSTITUTE DOCUMENTS
- Schedule 13: HEDGEROWS
- 1REMOVAL OF IMPORTANT HEDGEROWS
- 2REMOVAL OF HEDGEROWS
- Schedule 14: ARBITRATION RULES
- 1Primary objective
- 2Primary objective
- 3Time periods
- 4Timetable
- 5Procedure
- 6Arbitrator’s powers
- 7Costs
- 8Confidentiality
- Explanatory note