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The Cleve Hill Solar Park Order 2020

S.I. 2020/547 · Made 28 May 2020 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 11 August 2021.

Infrastructure Planning

Made 28th May 2020

Coming into force 19th June 2020

An application has been made to the Secretary of State for an Order under section 37 of the Planning Act 2008 (“the 2008 Act”) M1;

The application was examined by the Examining Authority, which has made a report to the Secretary of State under section 74(2) of the 2008 Act;

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 M2 and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act;

The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State is satisfied that open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114, 120, 122 and 123 of the 2008 Act makes the following Order—

Annotations to the whole text

Marginal citations

M1

2008 c.29. Section 37 was amended by section

137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by

paragraph 29(3) of that Schedule. Section 105(2) was amended by paragraph 50

of that Schedule. Section 114 was amended by paragraph 55 of Schedule 13 to

the Localism Act 2011. Section 120 was amended by section 140 of, and

paragraph 60 of Schedule 13 to, that Act.

M2

S.I. 2017/572.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by this Order
  6. 4Power to maintain authorised development
  7. 5Consent to transfer benefit of Order
  8. 6Application and modification of legislative provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: STREETS
  11. 8Street works
  12. 9Application of the 1991 Act
  13. 10Temporary stopping up of streets
  14. 11Temporary stopping up of public rights of way
  15. 12Agreements with street authorities
  16. Part 4: SUPPLEMENTAL POWERS
  17. 13Discharge of water
  18. 14Protective work to buildings
  19. 15Authority to survey and investigate the land
  20. Part 5: POWERS OF ACQUISITION
  21. 16Compulsory acquisition of land
  22. 17Time limit for exercise of authority to acquire land compulsorily
  23. 18Compulsory acquisition of rights
  24. 19Private rights
  25. 20Application of the 1981 Act
  26. 21Acquisition of subsoil only
  27. 22Modification of Part 1 of the Compulsory Purchase Act 1965
  28. 23Rights under or over streets
  29. 24Temporary use of land for carrying out the authorised development
  30. 25Temporary use of land for maintaining authorised development
  31. 26Statutory undertakers
  32. 27Recovery of costs of new connections
  33. Part 6: OPERATIONS
  34. 28Operation of generating stations
  35. 29Deemed marine licence under the 2009 Act
  36. Part 7: MISCELLANEOUS AND GENERAL
  37. 30Application of landlord and tenant law
  38. 31Operational land for purposes of the 1990 Act
  39. 32Felling or lopping of trees
  40. 33Trees subject to tree preservation orders
  41. 34Certification of plans and documents, etc.
  42. 35Arbitration
  43. 36Requirements, appeals, etc.
  44. 37Crown rights
  45. 38Protective provisions
  46. 39Funding
  47. Signature
  48. Schedule 1: AUTHORISED DEVELOPMENT
  49. Part 1: AUTHORISED DEVELOPMENT
  50. 1Paragraph 1
  51. 2Paragraph 2
  52. Part 2: REQUIREMENTS
  53. 1Time limits
  54. 2Detailed design approval
  55. 3Battery safety management
  56. 4Phases of authorised development
  57. 5Landscape and biodiversity management plan
  58. 6Implementation and maintenance of landscaping
  59. 7Public rights of way diversions
  60. 8Fencing and other means of enclosure
  61. 9Surface and foul water drainage
  62. 10Archaeology
  63. 11Construction environmental management plan
  64. 12Construction traffic management plan
  65. 13Special protection area construction noise management plan
  66. 14Protected species
  67. 15Operational noise
  68. 16Local skills, supply chain and employment
  69. 17Decommissioning
  70. 18Requirement for written approval
  71. 19Amendments to approved details
  72. 20Consultation
  73. Part 3: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  74. 21Interpretation
  75. 22Applications made under requirements
  76. 23Further information regarding requirements
  77. 24Appeals
  78. Schedule 2STREETS SUBJECT TO STREET WORKS
  79. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  80. Schedule 4PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  81. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  82. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Application of Part 1 the 1965 Act
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. 10Paragraph 10
  93. Schedule 7: PROTECTIVE PROVISIONS
  94. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  95. 1Application
  96. 2Paragraph 2
  97. 3Precedence of the 1991 Act in respect of apparatus in the streets
  98. 4No acquisition etc. except by agreement
  99. 5Removal of apparatus
  100. 6Facilities and rights for alternative apparatus
  101. 7Retained apparatus
  102. 8Expenses and costs
  103. 9Paragraph 9
  104. 10Enactments and agreements
  105. Part 2: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  106. 1Application
  107. 2Interpretation
  108. 3Paragraph 3
  109. 4Apparatus of National Grid in streets subject to temporary stopping up
  110. 5Protective works to buildings
  111. 6Acquisition of land
  112. 7Removal of apparatus
  113. 8Facilities and rights for alternative apparatus
  114. 9Retained apparatus: Protection of National Grid as Electricity Undertaker
  115. 10Expenses
  116. 11Indemnity
  117. 12Enactments and agreements
  118. 13Co-operation
  119. 14Access
  120. 15Arbitration
  121. 16Notices
  122. Part 3: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Paragraph 5
  128. 6Paragraph 6
  129. Part 4: FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. 8Paragraph 8
  138. 9Paragraph 9
  139. 10Paragraph 10
  140. 11Paragraph 11
  141. Part 5: FOR THE PROTECTION OF BLUE TRANSMISSION LONDON ARRAY LIMITED Repealed
  142. 1Application Repealed
  143. 2Interpretation Repealed
  144. 3Agreements Repealed
  145. 4Co–operation Repealed
  146. 5Arbitration Repealed
  147. Part 6: FOR THE PROTECTION OF UKPN
  148. 1Paragraph 1
  149. 2Paragraph 2
  150. 3Paragraph 3
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. 8Paragraph 8
  156. 9Paragraph 9
  157. 10Paragraph 10
  158. 11Paragraph 11
  159. 12Paragraph 12
  160. Schedule 8: DEEMED MARINE LICENCE UNDER THE 2009 ACT
  161. Part 1: LICENSED MARINE ACTIVITIES
  162. 1Paragraph 1
  163. 2Details of licensed marine activities
  164. 3Paragraph 3
  165. 4Paragraph 4
  166. 5Paragraph 5
  167. 6Paragraph 6
  168. 7Paragraph 7
  169. Part 2: CONDITIONS
  170. 1Notifications regarding licensed activities
  171. 2Paragraph 2
  172. 3Paragraph 3
  173. 4Paragraph 4
  174. 5Pollution prevention
  175. 6Post-construction
  176. 7Maintenance
  177. Schedule 9: ARBITRATION RULES
  178. 1Primary objective
  179. 2Time periods
  180. 3Timetable
  181. 4Procedure
  182. 5Arbitrator's powers
  183. 6Costs
  184. 7Confidentiality
  185. Schedule 10ENVIRONMENTAL STATEMENT SUPPLEMENTS
  186. Explanatory note