{
  "url": "https://openlegislation.uk/mallard-pass-solar-farm-order-2024/schedule-2/paragraph-19",
  "json_url": "https://openlegislation.uk/mallard-pass-solar-farm-order-2024/schedule-2/paragraph-19.json",
  "legislation": "uksi/2024/796",
  "legislation_title": "The Mallard Pass Solar Farm Order 2024",
  "legislation_url": "https://openlegislation.uk/mallard-pass-solar-farm-order-2024",
  "path": "schedule/2/paragraph/19",
  "kind": "paragraph",
  "number": "19",
  "heading": "Long-term flood risk mitigation",
  "text": "(1) If any part of Work No.1 is still in operation on 1 January 2077, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue after 31 January 2077.\n(2) If a notification under sub-paragraph (1) indicates that the undertaker anticipates that the operation of any part of Work No. 1 will continue after 31 January 2077, it must submit to the relevant planning authority (following consultation with the Environment Agency)—\n(a) an updated flood risk assessment of the flood risk arising from the continued operation of that part of Work No. 1 after 31 December 2077;\n(b) the details of any mitigation or compensation measures that the flood risk assessment under paragraph (a) recommends are necessary;\n(c) the implementation timetable, including identifying the need for (but not requiring a specific programme for the obtaining of) any consents, for any measures identified under paragraph (b); and\n(d) retention proposals for any measures identified under paragraph (b) for the remaining lifetime of the authorised development.\n(3) Unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.\n(4) The undertaker must implement the measures approved under sub-paragraph (2)(b) in accordance with the implementation timetable approved under sub-paragraph (2)(c) no later than 31 December 2077 or such other time period as is agreed with the relevant planning authority in consultation with the Environment Agency and must retain them for the lifetime of that part of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (2)(d).\n(5) The undertaker must not continue operation of Work No. 1 beyond 31 December 2077 unless the relevant planning authority has given its approval following consultation with the Environment Agency under sub-paragraph (2) and the undertaker has complied with sub-paragraph (3) unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 19 in force at 3.8.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/796/schedule/2/paragraph/19",
    "retrieved_at": "2026-10-28T21:28:01.809186+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}