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The Mallard Pass Solar Farm Order 2024

S.I. 2024/796 · Made 12 July 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2024.

Infrastructure Planning

Made 12th July 2024

Coming into force 3rd August 2024

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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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 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 giving development consent for the development described 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, 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, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572 and S.I. 2018/378.

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.

f7

As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

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.

f10

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

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 and permitting vehicular use on public rights of way
  15. 12Claimed public right of way
  16. 13Access to works
  17. 14Agreements with street authorities
  18. 15Traffic regulation measures
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Protective works to buildings
  22. 18Authority to survey and investigate the land
  23. Part 5: POWERS OF ACQUISITION
  24. 19Compulsory acquisition of land
  25. 20Time limit for exercise of authority to acquire land compulsorily
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Compulsory acquisition of rights
  28. 23Private rights
  29. 24Application of the 1981 Act
  30. 25Acquisition of subsoil only
  31. 26Power to override easements and other rights
  32. 27Modification of Part 1 of the Compulsory Purchase Act 1965
  33. 28Rights under or over streets
  34. 29Temporary use of land for constructing the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped up streets
  38. 33Recovery of costs of new connections
  39. Part 6: MISCELLANEOUS AND GENERAL
  40. 34Benefit of the Order
  41. 35Consent to transfer the benefit of the Order
  42. 36Application of landlord and tenant law
  43. 37Operational land for purposes of the 1990 Act
  44. 38Felling or lopping of trees and removal of hedgerows
  45. 39Certification of plans and documents, etc.
  46. 40Arbitration
  47. 41Protective Provisions
  48. 42Service of notices
  49. 43Procedure in relation to certain approvals etc.
  50. 44Guarantees in respect of payment of compensation
  51. Signature
  52. Schedule 1: AUTHORISED DEVELOPMENT
  53. 1Paragraph 1
  54. 2Authorised development
  55. Schedule 2: REQUIREMENTS
  56. 1Interpretation
  57. 2Commencement of the authorised development
  58. 3Phasing of the authorised development and date of final commissioning
  59. 4Requirement for written approval
  60. 5Approved details and amendments to them
  61. 6Detailed design approval
  62. 7Landscape and ecology management plan
  63. 8Fencing and other means of enclosure
  64. 9Surface and foul water drainage
  65. 10Archaeology
  66. 11Construction environmental management plan
  67. 12Operational environmental management plan
  68. 13Construction traffic management plan
  69. 14Soil management plan
  70. 15Ground conditions
  71. 16Operational noise
  72. 17Skills, supply chain and employment
  73. 18Decommissioning and restoration
  74. 19Long-term flood risk mitigation
  75. Schedule 3: LEGISLATION TO BE DISAPPLIED
  76. 1Paragraph 1
  77. Schedule 4: STREETS SUBJECT TO STREET WORKS
  78. 1Interpretation
  79. Schedule 5: ALTERATION OF STREETS
  80. 1PERMANENT ALTERATION OF LAYOUT
  81. 2TEMPORARY ALTERATION OF LAYOUT
  82. Schedule 6: PUBLIC RIGHTS OF WAY
  83. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
  84. 2TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
  85. Schedule 7ACCESS TO WORKS
  86. Schedule 8: TRAFFIC REGULATION MEASURES
  87. 1TEMPORARY SPEED LIMITS
  88. 2TEMPORARY ROAD CLOSURES
  89. 3TEMPORARY TRAFFIC SIGNALS
  90. Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  91. 1Interpretation
  92. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  93. 1Compensation enactments
  94. 2Compensation enactments
  95. 3Compensation enactments
  96. 4Application of Part 1 of the 1965 Act
  97. 5Paragraph 5
  98. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  99. Schedule 12HEDGEROWS TO BE REMOVED
  100. Schedule 13DOCUMENTS AND PLANS TO BE CERTIFIED
  101. Schedule 14: ARBITRATION RULES
  102. 1Commencing an arbitration
  103. 2Time periods
  104. 3Timetable
  105. 4Procedure
  106. 5Arbitrator’s powers
  107. 6Costs
  108. 7Confidentiality
  109. Schedule 15: PROTECTIVE PROVISIONS
  110. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. 7Paragraph 7
  118. 8Paragraph 8
  119. 9Paragraph 9
  120. 10Paragraph 10
  121. 11Paragraph 11
  122. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. Part 3: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
  129. 17Application
  130. 18Interpretation
  131. 19On Street Apparatus
  132. 20Apparatus of National Gas in stopped up streets
  133. 21Protective works to buildings
  134. 22Acquisition of land
  135. 23Removal of apparatus
  136. 24Facilities and rights for alternative apparatus
  137. 25Retained apparatus: protection
  138. 26Expenses
  139. 27Indemnity
  140. 28Enactments and agreements
  141. 29Co-operation
  142. 30Access
  143. 31Arbitration
  144. 32Notices
  145. Part 4: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  146. 33Application
  147. 34Interpretation
  148. 35On Street Apparatus
  149. 36Apparatus of National Grid in stopped up streets
  150. 37Protective works to buildings
  151. 38Acquisition of land
  152. 39Removal of apparatus
  153. 40Facilities and rights for alternative apparatus
  154. 41Retained apparatus: protection
  155. 42Expenses
  156. 43Indemnity
  157. 44Enactments and agreements
  158. 45Co-operation
  159. 46Access
  160. 47Arbitration
  161. 48Notices
  162. Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  163. 49Paragraph 49
  164. 50Submission and approval of plans
  165. 51Construction of protective works
  166. 52Timing of works and service of notices
  167. 53Works not in accordance with this schedule
  168. 54Maintenance of works
  169. 55Remediating impaired drainage work
  170. 56Agency access
  171. 57Free passage of fish
  172. 58The Gwash to Glen pipeline
  173. 59Indemnity
  174. 60Indemnity
  175. 61Disputes
  176. Part 6: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  177. 62Application
  178. 63Interpretation
  179. 64Apparatus in stopped up streets
  180. 65Protective works to buildings
  181. 66Acquisition of land
  182. 67Removal of apparatus
  183. 68Facilities and rights for alternative apparatus
  184. 69Retained apparatus
  185. 70Expenses and costs
  186. 71Expenses and costs
  187. 72Cooperation
  188. Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
  189. 73Paragraph 73
  190. 74Paragraph 74
  191. 75Paragraph 75
  192. 76Paragraph 76
  193. 77Paragraph 77
  194. 78Paragraph 78
  195. 79Paragraph 79
  196. 80Paragraph 80
  197. 81Paragraph 81
  198. 82Paragraph 82
  199. 83Paragraph 83
  200. 84Paragraph 84
  201. 85Paragraph 85
  202. 86Paragraph 86
  203. 87Paragraph 87
  204. 88Paragraph 88
  205. 89Paragraph 89
  206. 90Paragraph 90
  207. 91Paragraph 91
  208. 92Paragraph 92
  209. 93Paragraph 93
  210. 94Paragraph 94
  211. Part 8: FOR THE PROTECTION OF CADENT GAS LIMITED
  212. 95Application
  213. 96Interpretation
  214. 97On street apparatus
  215. 98Apparatus of Cadent in temporarily closed streets
  216. 99Protective works to buildings
  217. 100Acquisition of land
  218. 101Removal of apparatus
  219. 102Facilities and rights for alternative apparatus
  220. 103Retained apparatus: protection of Cadent
  221. 104Expenses
  222. 105Indemnity
  223. 106Enactments and agreements
  224. 107Co-operation
  225. 108Access
  226. 109Arbitration
  227. 110Notices
  228. Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  229. 1Interpretation
  230. 2Applications made under requirement
  231. 3Further information and consultation
  232. 4Appeals
  233. 5Fees
  234. Explanatory note