Article 8 Disapplication, application and modification of legislative provisionsI1

England, Wales and Scotland

(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—

(a)

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 in this Order; and

(b)

the provisions of the Neighbourhood Planning Act 2017^f1 insofar as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 32 (temporary use of land for maintaining the authorised development) of this Order.

(2)

Regulation 6 (permitted work) of the Hedgerows Regulations 1997^f2 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

“(k)

or for the carrying out or the maintenance of development which has been authorised by the Stonestreet Green Solar Order 2025.”.

(3)

For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967^f3 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.

(4)

Section 141 (restriction on planting trees etc. in or near carriageway) of the 1980 Act does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.

(5)

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^f4 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.

(6)

Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976^f5 will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance and decommissioning of the authorised development subject to other provisions.

(7)

Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

Annotations

Commencement

I1: Art. 8 in force at 13.11.2025, see art. 1

Footnotes

f1: 2017 c. 20.
f2: S.I. 1997/1160.
f3: 1967 c. 10. 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.
f4: S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments but none are relevant to this Order.
f5: 1976 c. 57. Section 42 was amended by section 15(6) of the Food and Environment Protection Act 1985 (c. 48).

Notes on the whole SI

Textual amendments

F1: Words in Preamble substituted (6.2.2026) by The Stonestreet Green Solar (Correction) Order 2026 (S.I. 2026/131), art. 1, Sch.