# The Peartree Hill Solar Farm Order 2026, Paragraph 74


(1) Where under this Part of this Schedule Network Rail is required to give its consent, agreement or approval in respect of any matter, that consent, agreement or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.
(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—
(a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and
(b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.
(3) The undertaker must not exercise the powers conferred by—
(a) article 3 (Development consent etc. granted by this Order);
(b) article 5 (Maintenance of authorised development);
(c) article 18 (Discharge of water);
(d) article 20 (Authority to survey and investigate the land);
(e) article 21 (Compulsory acquisition of land);
(f) article 24 (Compulsory acquisition of rights and imposition of restrictive covenants);
(g) article 25 (Private rights over land);
(h) article 26 (Power to override easements and other rights);
(i) article 28 (Acquisition of subsoil only);
(j) article 31 (Temporary use of land for carrying out the authorised development);
(k) article 32 (Temporary use of land for maintaining the authorised development);
(l) article 33 (Statutory undertakers);
(m) article 40 (Felling or lopping of trees and removal of hedgerows);
(n) article 41 (Trees subject to tree preservation orders);
(o) the powers conferred by section 11(3) (power of entry) of the 1965 Act;
(p) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;
(q) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; or
(r) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017,
in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(4) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(5) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 33 (Statutory undertakers), article 26 (Power to override easements and other rights) or article 25 (Private rights over land), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(6) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.
(7) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.
(8) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).
(9) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

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Source: https://www.legislation.gov.uk/uksi/2026/869/schedule/11/paragraph/74 (the official version)
Page: https://openlegislation.uk/peartree-hill-solar-farm-order-2026/schedule-11/paragraph-74
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.