Paragraph 16 Interaction with Field House Solar Farm and Carr Farm Solar Farm

(1)

The undertaker must use all reasonable endeavours to avoid any conflict arising between the carrying out and maintenance of the authorised development and the carrying out of Field House Solar Farm and minimise any conflict arising between the carrying out and maintenance of the authorised development and (i) the carrying out and maintenance of Carr Farm Solar Farm and (ii) the maintenance of Field House Solar Farm.

(2)

Without limitation to sub-paragraph (1), the undertaker must—

(a)

use all reasonable endeavours to programme its construction activities to avoid the use of the existing access track or a relevant access within the Field House Solar Farm construction phase;

(b)

in the event that the construction of the authorised development occurs concurrently with the construction of Field House Solar Farm and Carr Farm Solar Farm (or either of them), to co-operate with Albanwise Ltd so as to reasonably ensure the co-ordination of construction programming, use of the existing access track land assembly, and the carrying out of works in connection with the authorised development so as to minimise disruption to the construction, and maintenance of Field House Solar Farm and Carr Farm Solar Farm;

(c)

provide a point of contact for continuing liaison and co-ordination throughout the construction and operation of the authorised development;

(d)

exercise the powers of temporary possession and compulsory acquisition in such manner as is reasonably necessary for the undertaker to safely construct, maintain or operate the authorised development whilst, so far as reasonably practicable, minimising any disruption to the construction and operation of Field House Solar Farm and Carr Farm Solar Farm;

(e)

unless otherwise agreed with Albanwise Ltd, ensure that the route of a relevant access to and from the authorised development does not require the removal of any above ground infrastructure constructed pursuant to the Field House Solar Farm planning permission; and

(f)

before submitting for approval under Requirement 5 a CTMP that relates to a part of the authorised development which would involve the use of the existing access track or a relevant access, consult with, and have due regard to comments made by, Albanwise Ltd in relation to that CTMP on matters relating to the use of the existing access track or a relevant access.

(3)

Field House Solar Farm below ground infrastructure shall have the benefit of the Protective Provisions for Electricity Undertakers in Part 1 of Schedule 11 to the Order as if it were “apparatus” as defined in paragraph (2)(a) of Part 1 of Schedule 11.

(4)

Where the undertaker identifies an inconsistency between a planning permission and this Order it must notify the local planning authority as soon as reasonably practicable about the existence of the inconsistency, and how the undertaker is proceeding in view of that inconsistency.

(5)

In this paragraph—

(a)

“above ground infrastructure” means the solar photovoltaic arrays and substation development shown on the approved plan identified in condition 3 of the Field House Solar Farm planning permission and identified as Figure 04 – Proposed Site Plan;

(b)

“Albanwise Ltd” means Albanwise Limited (Company Registration Number 01359468) whose registered office is at Botanic House, Hills Road, Cambridge, England, CB2 1PH and any successor who implements the planning permission for Field House Solar Farm and Carr Farm Solar Farm;

(c)

“below ground infrastructure” means any apparatus, equipment or structures comprising part of Field House Solar Farm which is below ground, including but not limited to underground electricity cables and associated equipment;

(d)

“Carr Farm Solar Farm” means the solar farm development permitted pursuant to the Carr Farm Solar Farm planning permission;

(e)

“Carr Farm Solar Farm planning permission” means the planning permission with reference APP/E2001/W/25/3360978;

(f)

“conflict” does not include any overlap in the land to be occupied or developed by the undertaker and the land which is the subject of a planning permission for Field House Solar Farm and Carr Farm Solar Farm;

(g)

“existing access track” means the existing access track running south off the A1035;

(h)

“Field House Solar Farm” means the solar development permitted pursuant to the Field House Farm Solar Farm planning permission;

(i)

“Field House Solar Farm construction phase” means the construction period for Field House Solar Farm not exceeding 8 months and commencing when confirmed to the undertaker in writing by Albanwise Ltd no later than 21 days after the date on which the Order is made;

(j)

“Field House Farm Solar Farm planning permission” means the planning permission with reference 22/000824/STPLF;

(k)

“inconsistency” means a circumstance in which a physical conflict exists, or one in which development is no longer capable of being physically implemented or otherwise operated in accordance with the permission or consent granted;

(l)

“planning permission” means planning permission granted under the 1990 Act including planning permission deemed to be granted under article 3 (permitted development) and Classes F, G, I, J, K, L, M and N of Part 8 (Transport related development) of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015^f1; and

(m)

“relevant access” means such access to the authorised development as may be constructed pursuant to this Order within the limits of plot 2A-5.

Annotations

Footnotes

f1: S.I. 2015/596.