The Longfield Solar Farm Order 2023
S.I. 2023/734 · Made 26 June 2023 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 26th June 2023
Coming into force 18th July 2023
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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
- f3
- 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 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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Operation of generating station
- 5Power to maintain authorised development
- 6Application and modification of statutory provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 8Street Works
- 9Power to alter layout, etc., of streets
- 10Construction and maintenance of altered streets
- 11Temporary closure of public rights of way
- 12Access to works
- 13Agreements with street authorities
- 14Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 15Discharge of water
- 16Protective works to buildings
- 17Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 18Compulsory acquisition of land
- 19Time limit for exercise of authority to acquire land compulsorily
- 20Compulsory acquisition of rights
- 21Private rights
- 22Application of the 1981 Act
- 23Acquisition of subsoil only
- 24Power to override easements and other rights
- 25Modification of Part 1 of the Compulsory Purchase Act 1965
- 26Rights under or over streets
- 27Temporary use of land for constructing the authorised development
- 28Temporary use of land for maintaining the authorised development
- 29Statutory undertakers
- 30Apparatus and rights of statutory undertakers in closed streets
- 31Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 32Benefit of the Order
- 33Consent to transfer the benefit of the Order
- 34Application of landlord and tenant law
- 35Operational land for purposes of the 1990 Act
- 36Felling or lopping of trees and removal of hedgerows
- 37Trees subject to tree preservation orders
- 38Certification of plans and documents, etc.
- 39Arbitration
- 40Protective Provisions
- 41Service of notices
- 42Procedure in relation to certain approvals etc.
- 43Guarantees in respect of payment of compensation
- 44Compulsory acquisition of land – incorporation of the mineral code
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Interpretation
- 2Authorised development
- Schedule 2: REQUIREMENTS
- 1Interpretation
- Part 1: GENERAL REQUIREMENTS
- 2Commencement of the authorised development
- 3Phasing of the authorised development and date of final commissioning
- 4Requirement for written approval
- 5Approved details and amendments to them
- 6Community liaison group
- Part 2: SOLAR FARM WORKS AND GRID CONNECTION WORKS
- 7Detailed design approval
- 8Battery safety management
- 9Landscape and ecological management plan
- 10Fencing and other means of enclosure
- 11Surface and foul water drainage
- 12Archaeology
- 13Construction environmental management plan
- 14Operational environmental management plan
- 15Construction traffic management plan
- 16Operational noise
- 17Permissive paths
- 18Public rights of way diversions
- 19Soils Management
- 20Decommissioning and restoration
- 21Highway improvements
- Part 3: BULLS LODGE SUBSTATION WORKS
- 22Detailed design approval
- 23Fencing and other means of enclosure
- 24Surface and foul water drainage
- 25Archaeology
- 26Construction environmental management plan
- 27Construction traffic management plan
- 28Soils Management
- 29Operational environmental management plan
- Schedule 3: LEGISLATION TO BE DISAPPLIED
- 1Paragraph 1
- Schedule 4: STREETS SUBJECT TO STREET WORKS
- 1Interpretation
- Schedule 5: ALTERATION OF STREETS
- 1PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE HIGHWAY AUTHORITY
- 2PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE STREET AUTHORITY
- 3TEMPORARY ALTERATION OF LAYOUT
- Schedule 6: PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED
- 2PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
- 3TEMPORARY MANAGEMENT OF PUBLIC RIGHT OF WAY
- Schedule 7: ACCESS TO WORKS
- 1PERMANENT MEANS OF ACCESS TO WORKS
- 2TEMPORARY MEANS OF ACCESS
- Schedule 8TRAFFIC REGULATION MEASURES
- Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- 1Interpretation
- Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 12HEDGEROWS TO BE REMOVED
- Schedule 13DOCUMENTS AND PLANS TO BE CERTIFIED
- Schedule 14: ARBITRATION RULES
- 1Commencing an arbitration
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 15: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 3: FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC AND UK POWER NETWORKS LIMITED
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
- 30Application
- 31Interpretation
- 32On Street Apparatus
- 33Apparatus of National Grid in streets subject to temporary closure
- 34Protective works to buildings
- 35Acquisition of land
- 36Removal of apparatus
- 37Facilities and rights for alternative apparatus
- 38Retained apparatus: protection of electricity undertaker
- 39Expenses
- 40Indemnity
- 41Enactments and agreements
- 42Co-operation
- 43Access
- 44Arbitration
- 45Notices
- 46Agreement of 18th January 2023
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 47Paragraph 47
- 48Submission and approval of plans
- 49Construction of protective works
- 50Timing of works and service of notices
- 51Works not in accordance with this Schedule
- 52Maintenance of works
- 53Remediating impaired drainage work
- 54Agency access
- 55Free passage of fish
- 56Indemnity
- 57Paragraph 57
- 58Disputes
- Part 6: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- Part 8: FOR THE PROTECTION OF ESSEX COUNTY COUNCIL
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- Part 9: FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER
- 98Paragraph 98
- 99Paragraph 99
- 100Retained apparatus
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Removal of apparatus
- 106Paragraph 106
- 107Paragraph 107
- 108Costs
- 109Other
- 110Paragraph 110
- 111Paragraph 111
- Part 10: FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE TRUST
- 112Application
- 113Site familiarisation
- 114Arbitration
- Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under requirement
- 3Further information and consultation
- 4Appeals
- 5Fees
- Explanatory note