The Mallard Pass Solar Farm Order 2024
S.I. 2024/796 · Made 12 July 2024 · Extends to England and Wales
Infrastructure Planning
Made 12th July 2024
Coming into force 3rd August 2024
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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
- 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.
- 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
- 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 and permitting vehicular use on public rights of way
- 12Claimed public right of way
- 13Access to works
- 14Agreements with street authorities
- 15Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Protective works to buildings
- 18Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 19Compulsory acquisition of land
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Compulsory acquisition of land – incorporation of the mineral code
- 22Compulsory acquisition of rights
- 23Private rights
- 24Application of the 1981 Act
- 25Acquisition of subsoil only
- 26Power to override easements and other rights
- 27Modification of Part 1 of the Compulsory Purchase Act 1965
- 28Rights under or over streets
- 29Temporary use of land for constructing the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped up streets
- 33Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 34Benefit of the Order
- 35Consent to transfer the benefit of the Order
- 36Application of landlord and tenant law
- 37Operational land for purposes of the 1990 Act
- 38Felling or lopping of trees and removal of hedgerows
- 39Certification of plans and documents, etc.
- 40Arbitration
- 41Protective Provisions
- 42Service of notices
- 43Procedure in relation to certain approvals etc.
- 44Guarantees in respect of payment of compensation
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Authorised development
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 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
- 6Detailed design approval
- 7Landscape and ecology management plan
- 8Fencing and other means of enclosure
- 9Surface and foul water drainage
- 10Archaeology
- 11Construction environmental management plan
- 12Operational environmental management plan
- 13Construction traffic management plan
- 14Soil management plan
- 15Ground conditions
- 16Operational noise
- 17Skills, supply chain and employment
- 18Decommissioning and restoration
- 19Long-term flood risk mitigation
- 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
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 6: PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 2TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
- Schedule 7ACCESS TO WORKS
- Schedule 8: TRAFFIC REGULATION MEASURES
- 1TEMPORARY SPEED LIMITS
- 2TEMPORARY ROAD CLOSURES
- 3TEMPORARY TRAFFIC SIGNALS
- 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
- 2Compensation enactments
- 3Compensation enactments
- 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 NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- 17Application
- 18Interpretation
- 19On Street Apparatus
- 20Apparatus of National Gas in stopped up streets
- 21Protective works to buildings
- 22Acquisition of land
- 23Removal of apparatus
- 24Facilities and rights for alternative apparatus
- 25Retained apparatus: protection
- 26Expenses
- 27Indemnity
- 28Enactments and agreements
- 29Co-operation
- 30Access
- 31Arbitration
- 32Notices
- Part 4: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
- 33Application
- 34Interpretation
- 35On Street Apparatus
- 36Apparatus of National Grid in stopped up streets
- 37Protective works to buildings
- 38Acquisition of land
- 39Removal of apparatus
- 40Facilities and rights for alternative apparatus
- 41Retained apparatus: protection
- 42Expenses
- 43Indemnity
- 44Enactments and agreements
- 45Co-operation
- 46Access
- 47Arbitration
- 48Notices
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 49Paragraph 49
- 50Submission and approval of plans
- 51Construction of protective works
- 52Timing of works and service of notices
- 53Works not in accordance with this schedule
- 54Maintenance of works
- 55Remediating impaired drainage work
- 56Agency access
- 57Free passage of fish
- 58The Gwash to Glen pipeline
- 59Indemnity
- 60Indemnity
- 61Disputes
- Part 6: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
- 62Application
- 63Interpretation
- 64Apparatus in stopped up streets
- 65Protective works to buildings
- 66Acquisition of land
- 67Removal of apparatus
- 68Facilities and rights for alternative apparatus
- 69Retained apparatus
- 70Expenses and costs
- 71Expenses and costs
- 72Cooperation
- Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
- 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
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- Part 8: FOR THE PROTECTION OF CADENT GAS LIMITED
- 95Application
- 96Interpretation
- 97On street apparatus
- 98Apparatus of Cadent in temporarily closed streets
- 99Protective works to buildings
- 100Acquisition of land
- 101Removal of apparatus
- 102Facilities and rights for alternative apparatus
- 103Retained apparatus: protection of Cadent
- 104Expenses
- 105Indemnity
- 106Enactments and agreements
- 107Co-operation
- 108Access
- 109Arbitration
- 110Notices
- Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under requirement
- 3Further information and consultation
- 4Appeals
- 5Fees
- Explanatory note