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The Springwell Solar Farm Order 2026

S.I. 2026/419 · Made 8 April 2026 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 23 September 2026.

Infrastructure Planning

Made 8th April 2026

Coming into force 30th April 2026

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)f1 in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an order granting development consent.

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to chapter 2 of Part 6 of the 2008 Act and carried out in accordance with chapter 4 of Part 6 of the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f5 and has had regard to the documents and matters referred to in section 104(2)f6 of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114f7, 115f8, 117f9, 120f10, 122f11, 123f12 and 140 of the 2008 Act, makes the following Order.

Annotations to the whole text

Footnotes

f1

2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264.

f3

S.I. 2010/103.

f4

As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

S.I. 2017/572.

f6

Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by paragraph 49 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f7

As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f8

As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f9

As amended by paragraph 58 of Part 1 of Schedule 13 and paragraph 1 of Part 20 of Schedule 25 to the Localism Act 2011 (c. 20).

f10

As amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).

f11

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f12

Ibid.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by this Order
  6. 4Operation of generating station
  7. 5Power to maintain authorised development
  8. 6Disapplication and modification of statutory provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: STREETS
  11. 8Street works
  12. 9Application of the permit scheme
  13. 10Power to alter layout, etc., of streets
  14. 11Status of public rights of way constructed or improved
  15. 12Construction and maintenance of new and altered streets
  16. 13Temporary prohibition or restriction on use of streets and public rights of way
  17. 14Claimed public right of way
  18. 15Access to works
  19. 16Agreements with street authorities
  20. 17Traffic regulation measures
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Discharge of water
  23. 19Protective works to buildings
  24. 20Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION
  26. 21Compulsory acquisition of land
  27. 22Time limit for exercise of authority to possess land temporarily or to acquire land compulsorily
  28. 23Compulsory acquisition of rights
  29. 24Private rights
  30. 25Application of the 1981 Act
  31. 26Acquisition of subsoil only
  32. 27Power to override easements and other rights
  33. 28Modification of Part 1 of the Compulsory Purchase Act 1965
  34. 29Rights under or over streets
  35. 30Temporary use of land for constructing the authorised development
  36. 31Temporary use of land for maintaining the authorised development
  37. 32Statutory undertakers
  38. 33Apparatus and rights of statutory undertakers in closed or restricted streets
  39. 34Recovery of costs of new connections
  40. Part 6: MISCELLANEOUS AND GENERAL
  41. 35Benefit of the Order
  42. 36Consent to transfer the benefit of the Order
  43. 37Application of landlord and tenant law
  44. 38Operational land for purposes of the 1990 Act
  45. 39Felling or lopping of trees and removal of hedgerows
  46. 40Trees subject to tree preservation orders
  47. 41Certification of plans and documents, etc.
  48. 42Arbitration
  49. 43Protective Provisions
  50. 44Service of notices
  51. 45Procedure in relation to certain approvals etc.
  52. 46Guarantees in respect of payment of compensation
  53. 47Compulsory acquisition of land - incorporation of the mineral code
  54. 48Crown rights
  55. 49No double recovery
  56. Signature
  57. Schedule 1: AUTHORISED DEVELOPMENT
  58. 1Paragraph 1
  59. 2Authorised development
  60. Schedule 2: REQUIREMENTS
  61. 1Paragraph 1
  62. 2Commencement of the authorised development
  63. 3Phasing of the authorised development and date of final commissioning
  64. 4Requirement for written approval
  65. 5Detailed design approval
  66. 6Community liaison group
  67. 7Battery safety management
  68. 8Landscape and ecology management plan
  69. 9Fencing and other means of enclosure
  70. 10Drainage
  71. 11Archaeology
  72. 12Construction environmental management plan
  73. 13Operational environmental management plan
  74. 14Construction traffic management plan
  75. 15Operational noise
  76. 16Employment, skills and supply chain
  77. 17Public right of way and permissive path management plan
  78. 18Soil management plan
  79. 19Decommissioning and restoration
  80. 20Electrical noise
  81. Schedule 3: LEGISLATION TO BE DISAPPLIED
  82. 1Paragraph 1
  83. Schedule 4STREETS SUBJECT TO STREET WORKS
  84. Schedule 5ALTERATION OF STREETS
  85. Schedule 6: STREETS AND PUBLIC RIGHTS OF WAY
  86. 1STATUS OF PUBLIC RIGHTS OF WAY CREATED OR IMPROVED
  87. 2TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  88. 3TEMPORARY PROHIBITION OR RESTRICTION OF PUBLIC RIGHTS OF WAY
  89. 4TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY
  90. Schedule 7ACCESS TO WORKS
  91. Schedule 8: TRAFFIC REGULATION MEASURES
  92. 1TEMPORARY SPEED LIMITS
  93. 2TEMPORARY ROAD CLOSURES
  94. 3TEMPORARY TRAFFIC SIGNALS
  95. 4PERMANENT SPEED LIMITS
  96. Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  97. 1Interpretation
  98. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  99. 1Compensation enactments
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Application of Part 1 of the 1965 Act
  103. 5Paragraph 5
  104. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  105. Schedule 12: HEDGEROWS TO BE REMOVED
  106. 1REMOVAL OF HEDGEROWS
  107. 2REMOVAL OF IMPORTANT HEDGEROWS
  108. Schedule 13DOCUMENTS AND PLANS TO BE CERTIFIED
  109. Schedule 14: ARBITRATION RULES
  110. 1Commencing an arbitration
  111. 2Time periods
  112. 3Timetable
  113. 4Procedure
  114. 5Arbitrator’s powers
  115. 6Costs
  116. 7Confidentiality
  117. Schedule 15: PROTECTIVE PROVISIONS
  118. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. 6Paragraph 6
  125. 7Paragraph 7
  126. 8Paragraph 8
  127. 9Paragraph 9
  128. 10Paragraph 10
  129. 11Paragraph 11
  130. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  131. 12Paragraph 12
  132. 13Paragraph 13
  133. 14Paragraph 14
  134. 15Paragraph 15
  135. 16Paragraph 16
  136. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  137. 17Paragraph 17
  138. 18Paragraph 18
  139. 19Paragraph 19
  140. 20Paragraph 20
  141. 21Paragraph 21
  142. 22Paragraph 22
  143. 23Paragraph 23
  144. 24Paragraph 24
  145. 25Paragraph 25
  146. Part 4: FOR THE PROTECTION OF LINCOLNSHIRE FIRE AND RESCUE SERVICE
  147. 26Interpretation
  148. 27Site visits
  149. 28Costs
  150. 29Arbitration
  151. Part 5: FOR THE PROTECTION OF RAILWAY INTERESTS
  152. 30Paragraph 30
  153. 31Paragraph 31
  154. 32Paragraph 32
  155. 33Paragraph 33
  156. 34Paragraph 34
  157. 35Paragraph 35
  158. 36Paragraph 36
  159. 37Paragraph 37
  160. 38Paragraph 38
  161. 39Paragraph 39
  162. 40Paragraph 40
  163. 41Paragraph 41
  164. 42Paragraph 42
  165. 43Paragraph 43
  166. 44Paragraph 44
  167. 45Paragraph 45
  168. 46Paragraph 46
  169. 47Paragraph 47
  170. 48Paragraph 48
  171. 49Paragraph 49
  172. 50Paragraph 50
  173. 51Paragraph 51
  174. Part 6: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  175. 52Application
  176. 53Interpretation
  177. 54On street apparatus
  178. 55Apparatus in stopped up streets
  179. 56Protective works to buildings
  180. 57Acquisition of land
  181. 58Removal of apparatus
  182. 59Facilities and rights for alternative apparatus
  183. 60Retained apparatus
  184. 61Expenses and costs
  185. 62Paragraph 62
  186. 63Cooperation
  187. 64Paragraph 64
  188. 65Paragraph 65
  189. 66Paragraph 66
  190. Part 7: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  191. 67Application
  192. 68Interpretation
  193. 69Interaction with the National Grid Navenby Substation
  194. 70Grid connection works
  195. 71Paragraph 71
  196. 72Paragraph 72
  197. 73Paragraph 73
  198. 74Paragraph 74
  199. 75On Street Apparatus
  200. 76Apparatus of NGET in stopped up streets
  201. 77Protective works to buildings
  202. 78Acquisition of land
  203. 79Removal of apparatus
  204. 80Facilities and rights for alternative apparatus
  205. 81Retained apparatus: protection of NGET
  206. 82Expenses
  207. 83Indemnity
  208. 84Paragraph 84
  209. 85Enactments and agreements
  210. 86Co-operation
  211. 87Access
  212. 88Arbitration
  213. 89Notices
  214. Part 8: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC
  215. 90Application
  216. 91Interpretation
  217. 92Precedence of 1991 Act in respect of apparatus in streets
  218. 93No acquisition except by agreement
  219. 94Removal of apparatus
  220. 95Facilities and rights for alternative apparatus
  221. 96Retained apparatus
  222. 97Expenses and costs
  223. 98Liability
  224. 99Expert determination
  225. Part 9: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  226. 100Application
  227. 101Interpretation
  228. 102On Street Apparatus
  229. 103Apparatus of Cadent in stopped up streets
  230. 104Protective works to buildings
  231. 105Acquisition of land
  232. 106Removal of apparatus
  233. 107Facilities and rights for alternative apparatus
  234. 108Retained apparatus: protection of Cadent
  235. 109Expenses
  236. 110Indemnity
  237. 111Enactments and agreements
  238. 112Co-operation
  239. 113Access
  240. 114Arbitration
  241. 115Notices
  242. Part 10: FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD
  243. 116Application
  244. 117Paragraph 117
  245. 118Acquisition of Apparatus
  246. 119Removal of Apparatus and Rights for Alternative Apparatus
  247. 120Facilities and Rights for Alternative Apparatus
  248. 121Retained Apparatus and Alternative Apparatus: protection
  249. 122Cathodic protection testing
  250. 123Expenses
  251. 124Damage to property and other losses
  252. 125Insurance
  253. 126Co-operation and reasonableness
  254. 127Emergency circumstances
  255. 128Dispute Resolution
  256. 129Miscellaneous
  257. Part 11: FOR THE PROTECTION OF BRITISH TELECOMMUNICATIONS PLC
  258. 130Paragraph 130
  259. 131Paragraph 131
  260. 132Paragraph 132
  261. 133Paragraph 133
  262. 134Paragraph 134
  263. 135Paragraph 135
  264. 136Paragraph 136
  265. Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  266. 1Interpretation
  267. 2Applications made under requirement
  268. 3Further information and consultation
  269. 4Appeals
  270. 5Fees
  271. 6Pre-application engagement
  272. Explanatory note