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The Longfield Solar Farm Order 2023

S.I. 2023/734 · Made 26 June 2023 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 February 2026.

Infrastructure Planning

Made 26th June 2023

Coming into force 18th July 2023

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)f1 in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an order granting development consent.

The application has been 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 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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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 2017f5 and has had regard to the documents and matters referred to in section 105(2)f6 of the 2008 Act.

The Secretary of State, having decided the application, has determined 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. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264.

f3

S.I. 2010/103.

f4

As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

S.I. 2017/572.

f6

Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011 (c. 20).

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 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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by this Order
  6. 4Operation of generating station
  7. 5Power to maintain authorised development
  8. 6Application and modification of statutory provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: STREETS
  11. 8Street Works
  12. 9Power to alter layout, etc., of streets
  13. 10Construction and maintenance of altered streets
  14. 11Temporary closure of public rights of way
  15. 12Access to works
  16. 13Agreements with street authorities
  17. 14Traffic regulation measures
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Protective works to buildings
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Time limit for exercise of authority to acquire land compulsorily
  25. 20Compulsory acquisition of rights
  26. 21Private rights
  27. 22Application of the 1981 Act
  28. 23Acquisition of subsoil only
  29. 24Power to override easements and other rights
  30. 25Modification of Part 1 of the Compulsory Purchase Act 1965
  31. 26Rights under or over streets
  32. 27Temporary use of land for constructing the authorised development
  33. 28Temporary use of land for maintaining the authorised development
  34. 29Statutory undertakers
  35. 30Apparatus and rights of statutory undertakers in closed streets
  36. 31Recovery of costs of new connections
  37. Part 6: MISCELLANEOUS AND GENERAL
  38. 32Benefit of the Order
  39. 33Consent to transfer the benefit of the Order
  40. 34Application of landlord and tenant law
  41. 35Operational land for purposes of the 1990 Act
  42. 36Felling or lopping of trees and removal of hedgerows
  43. 37Trees subject to tree preservation orders
  44. 38Certification of plans and documents, etc.
  45. 39Arbitration
  46. 40Protective Provisions
  47. 41Service of notices
  48. 42Procedure in relation to certain approvals etc.
  49. 43Guarantees in respect of payment of compensation
  50. 44Compulsory acquisition of land – incorporation of the mineral code
  51. Signature
  52. Schedule 1: AUTHORISED DEVELOPMENT
  53. 1Interpretation
  54. 2Authorised development
  55. Schedule 2: REQUIREMENTS
  56. 1Interpretation
  57. Part 1: GENERAL REQUIREMENTS
  58. 2Commencement of the authorised development
  59. 3Phasing of the authorised development and date of final commissioning
  60. 4Requirement for written approval
  61. 5Approved details and amendments to them
  62. 6Community liaison group
  63. Part 2: SOLAR FARM WORKS AND GRID CONNECTION WORKS
  64. 7Detailed design approval
  65. 8Battery safety management
  66. 9Landscape and ecological management plan
  67. 10Fencing and other means of enclosure
  68. 11Surface and foul water drainage
  69. 12Archaeology
  70. 13Construction environmental management plan
  71. 14Operational environmental management plan
  72. 15Construction traffic management plan
  73. 16Operational noise
  74. 17Permissive paths
  75. 18Public rights of way diversions
  76. 19Soils Management
  77. 20Decommissioning and restoration
  78. 21Highway improvements
  79. Part 3: BULLS LODGE SUBSTATION WORKS
  80. 22Detailed design approval
  81. 23Fencing and other means of enclosure
  82. 24Surface and foul water drainage
  83. 25Archaeology
  84. 26Construction environmental management plan
  85. 27Construction traffic management plan
  86. 28Soils Management
  87. 29Operational environmental management plan
  88. Schedule 3: LEGISLATION TO BE DISAPPLIED
  89. 1Paragraph 1
  90. Schedule 4: STREETS SUBJECT TO STREET WORKS
  91. 1Interpretation
  92. Schedule 5: ALTERATION OF STREETS
  93. 1PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE HIGHWAY AUTHORITY
  94. 2PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE STREET AUTHORITY
  95. 3TEMPORARY ALTERATION OF LAYOUT
  96. Schedule 6: PUBLIC RIGHTS OF WAY
  97. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED
  98. 2PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
  99. 3TEMPORARY MANAGEMENT OF PUBLIC RIGHT OF WAY
  100. Schedule 7: ACCESS TO WORKS
  101. 1PERMANENT MEANS OF ACCESS TO WORKS
  102. 2TEMPORARY MEANS OF ACCESS
  103. Schedule 8TRAFFIC REGULATION MEASURES
  104. Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  105. 1Interpretation
  106. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  107. 1Compensation enactments
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Application of Part 1 of the 1965 Act
  111. 5Paragraph 5
  112. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  113. Schedule 12HEDGEROWS TO BE REMOVED
  114. Schedule 13DOCUMENTS AND PLANS TO BE CERTIFIED
  115. Schedule 14: ARBITRATION RULES
  116. 1Commencing an arbitration
  117. 2Time periods
  118. 3Timetable
  119. 4Procedure
  120. 5Arbitrator’s powers
  121. 6Costs
  122. 7Confidentiality
  123. Schedule 15: PROTECTIVE PROVISIONS
  124. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 9Paragraph 9
  134. 10Paragraph 10
  135. 11Paragraph 11
  136. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  137. 12Paragraph 12
  138. 13Paragraph 13
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. 16Paragraph 16
  142. Part 3: FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC AND UK POWER NETWORKS LIMITED
  143. 17Paragraph 17
  144. 18Paragraph 18
  145. 19Paragraph 19
  146. 20Paragraph 20
  147. 21Paragraph 21
  148. 22Paragraph 22
  149. 23Paragraph 23
  150. 24Paragraph 24
  151. 25Paragraph 25
  152. 26Paragraph 26
  153. 27Paragraph 27
  154. 28Paragraph 28
  155. 29Paragraph 29
  156. Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  157. 30Application
  158. 31Interpretation
  159. 32On Street Apparatus
  160. 33Apparatus of National Grid in streets subject to temporary closure
  161. 34Protective works to buildings
  162. 35Acquisition of land
  163. 36Removal of apparatus
  164. 37Facilities and rights for alternative apparatus
  165. 38Retained apparatus: protection of electricity undertaker
  166. 39Expenses
  167. 40Indemnity
  168. 41Enactments and agreements
  169. 42Co-operation
  170. 43Access
  171. 44Arbitration
  172. 45Notices
  173. 46Agreement of 18th January 2023
  174. Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  175. 47Paragraph 47
  176. 48Submission and approval of plans
  177. 49Construction of protective works
  178. 50Timing of works and service of notices
  179. 51Works not in accordance with this Schedule
  180. 52Maintenance of works
  181. 53Remediating impaired drainage work
  182. 54Agency access
  183. 55Free passage of fish
  184. 56Indemnity
  185. 57Paragraph 57
  186. 58Disputes
  187. Part 6: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  188. 59Paragraph 59
  189. 60Paragraph 60
  190. 61Paragraph 61
  191. 62Paragraph 62
  192. 63Paragraph 63
  193. 64Paragraph 64
  194. 65Paragraph 65
  195. 66Paragraph 66
  196. 67Paragraph 67
  197. Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
  198. 68Paragraph 68
  199. 69Paragraph 69
  200. 70Paragraph 70
  201. 71Paragraph 71
  202. 72Paragraph 72
  203. 73Paragraph 73
  204. 74Paragraph 74
  205. 75Paragraph 75
  206. 76Paragraph 76
  207. 77Paragraph 77
  208. 78Paragraph 78
  209. 79Paragraph 79
  210. 80Paragraph 80
  211. 81Paragraph 81
  212. 82Paragraph 82
  213. 83Paragraph 83
  214. 84Paragraph 84
  215. 85Paragraph 85
  216. 86Paragraph 86
  217. 87Paragraph 87
  218. 88Paragraph 88
  219. Part 8: FOR THE PROTECTION OF ESSEX COUNTY COUNCIL
  220. 89Paragraph 89
  221. 90Paragraph 90
  222. 91Paragraph 91
  223. 92Paragraph 92
  224. 93Paragraph 93
  225. 94Paragraph 94
  226. 95Paragraph 95
  227. 96Paragraph 96
  228. 97Paragraph 97
  229. Part 9: FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER
  230. 98Paragraph 98
  231. 99Paragraph 99
  232. 100Retained apparatus
  233. 101Paragraph 101
  234. 102Paragraph 102
  235. 103Paragraph 103
  236. 104Paragraph 104
  237. 105Removal of apparatus
  238. 106Paragraph 106
  239. 107Paragraph 107
  240. 108Costs
  241. 109Other
  242. 110Paragraph 110
  243. 111Paragraph 111
  244. Part 10: FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE TRUST
  245. 112Application
  246. 113Site familiarisation
  247. 114Arbitration
  248. Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  249. 1Interpretation
  250. 2Applications made under requirement
  251. 3Further information and consultation
  252. 4Appeals
  253. 5Fees
  254. Explanatory note