# The Peartree Hill Solar Farm Order 2026, Article 8: Disapplication and modification of legislative provisions


(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development—
(a) sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991;
(b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991;
(c) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991;
(d) the provisions of the Neighbourhood Planning Act 2017, insofar as they relate to temporary possession of land under article 31 (temporary use of land for carrying out the authorised development) and article 32 (temporary use of land for maintaining the authorised development) of this Order;
(e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only; and
(f) the local enactments and local byelaws listed in Schedule 3 (legislation to be disapplied), and any byelaws or other provisions made under any of those enactments or byelaws, insofar as the provisions are inconsistent with a provision, of or a power conferred by, this Order.
(2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.
(3) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be—
(a) a building into which people do not normally go; or
(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

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Source: https://www.legislation.gov.uk/uksi/2026/869/article/8 (the official version)
Page: https://openlegislation.uk/peartree-hill-solar-farm-order-2026/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.