Article 2 Interpretation

In this Order—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1989 Act” means the Electricity Act 1989^f6;

• “the 1990 Act” means the Town and Country Planning Act 1990^f7;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f8;

• “the 2008 Act” means the Planning Act 2008^f9;

• “apparatus” has the same meaning as in section 105(1) (minor definitions) of the 1991 Act; except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

• “authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, or any part of it, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “battery energy storage system” means batteries and equipment for the storage of electrical energy;

• “book of reference” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971^f10;

• “commence” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and “commencement”, “commenced” and cognate expressions are to be construed accordingly;

• “Crown land plans” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “date of decommissioning” means in respect of each part of the authorised development, the date that that part of the authorised development has permanently ceased to generate electricity on a commercial basis;

• “date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “environmental statement” means the environmental statement referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “highway” and “highway authority” have the same meaning as in the 1980 Act^f11;

• “land plans” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “local planning authority” means the local planning authority (as defined in section 336 of the 1990 Act) for the area to which the provision relates;;

• “the location and land area plan” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “maintain” includes inspect, repair, adjust, alter, remove, refurbish, replace, improve or reconstruct any part of, but not remove, reconstruct or replace the whole of, the authorised development provided that such works do not give rise to any materially new or materially different environmental effects in comparison to those reported in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

• “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;

• “the Order limits” means the limits shown on the land plans and works plans within which the authorised development may be carried out and land acquired or used;

• “permitted preliminary works” means all or any of—

  1. (a)

     preconstruction ecological mitigation (including advanced planting to allow for an early establishment of protective screening);

  2. (b)

     environmental surveys and monitoring, geotechnical surveys, intrusive archaeological surveys (including trenching) and other investigations for the purpose of assessing ground conditions (including the making of boreholes);

  3. (c)

     removal of plant and machinery;

  4. (d)

     above ground site preparation for temporary facilities for the use of contractors;

  5. (e)

     remedial work in respect of any contamination or other adverse ground conditions;

  6. (f)

     diversion and laying of apparatus;

  7. (g)

     receipt and erection of construction plant and equipment;

  8. (h)

     the provision of temporary means of enclosure and site security for construction;

  9. (i)

     the temporary display of site notices or advertisements; or

  10. (j)

      site clearance (including vegetation removal, demolition of existing buildings and structures);

• “requirements” means those matters set out in Part 1 of Schedule 2 (requirements) to this Order;

• “special category land plans” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath or part of a street and any reference to a road is to be construed as a “street”;

• “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act^f12;

• “streets, rights of way and access plan” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act^f13;

• “traffic measures plan” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State;

• “tree preservation order and hedgerow plans” mean the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State. Any reference in this Order to a “tree preservation order” is also taken to be a reference to this document;

• “undertaker” means RWE Renewables UK Solar and Storage Limited (company number 14539260) whose registered address is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire SN5 6PB;

• “watercourse” has the meaning given in the Land Drainage Act 1991^f14; and

• “works plans” means the document of that description referenced in Schedule 13 (documents to be certified) and certified by the Secretary of State.

References in this Order to rights over land include references to rights to do or restrain or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.

All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.

All areas described in square metres in the book of reference are approximate.

References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plans to which the reference applies.

References in this Order to numbered works are references to the works numbered in Schedule 1 (authorised development).

References to any statutory body in this Order includes that body’s successor bodies from time to time.