{
  "url": "https://openlegislation.uk/springwell-solar-farm-order-2026/article-6",
  "json_url": "https://openlegislation.uk/springwell-solar-farm-order-2026/article-6.json",
  "legislation": "uksi/2026/419",
  "legislation_title": "The Springwell Solar Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/springwell-solar-farm-order-2026",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Disapplication and modification of statutory provisions",
  "text": "(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 purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development—\n(a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991;\n(b) section 32 (variation of awards) of the Land Drainage Act 1991;\n(c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991;\n(d) section 118 (consent request for discharge of trade effluent into public sewer) of the Water Industry Act 1991;\n(e) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and\n(f) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to the temporary possession of land under articles 30 (temporary use of land for constructing the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order.\n(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.\n(3) Regulation 6(1) of the Hedgerows Regulations 1997 has effect as though after sub-paragraph (e) there were added—\n“(ea) for carrying out any development or in the exercise of any functions that are authorised by the Springwell Solar Farm Order 2026;”.\n(4) 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—\n(a) a building into which people do not normally go; or\n(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.\n(5) If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—\n(a) not itself a development for which development consent is required under the 2008 Act or part of such a development;\n(b) not for development authorised by Schedule 1 of this Order; or\n(c) not required to complete or enable the maintenance, use or operation of any part of the development authorised by this Order (and which is not itself development authorised by this Order),\nthen the construction, maintenance, use or operation of that development under the terms of the planning permission does not constitute a breach of the terms of this Order so long as the carrying out, use or operation of such development does not prevent the undertaker from complying with this Order.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 6 in force at 30.4.2026, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 32 was amended by S.I. 2013/755."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2017 c. 20."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 9 was amended by section 4 of, and paragraph 141 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none are relevant to this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/419/article/6",
    "retrieved_at": "2026-10-28T21:02:38.918571+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}