# The Heckington Fen Solar Park Order 2025, Article 6: Application and modification of legislative provisions

Extent: E+W+S

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development—
(a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991;
(b) section 32 (variation of awards) of the Land Drainage Act 1991;
(c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991 that require consent or approval for the carrying out of the authorised development;
(d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991 that require consent or approval for the carrying out of the authorised development;
(e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only;
(f) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and
(g) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to temporary possession of land under articles 26 (temporary use of land for carrying out the authorised development) and 27 (temporary use of land for maintaining the authorised development) of this Order.
(2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967, any felling comprised in the carrying out of any work or operation required for the purposes of the authorised development, or in connection with, the construction of the authorised development is deemed to be felling immediately required for the purposes of carrying out development authorised by planning permission granted under the 1990 Act under sub–paragraph (4) of that section.
(3) Regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
“or (k) for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.

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Source: https://www.legislation.gov.uk/uksi/2025/85/article/6 (the official version)
Page: https://openlegislation.uk/heckington-fen-solar-park-order-2025/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.