The Sunnica Energy Farm Order 2024
S.I. 2024/802 · Made 12 July 2024 · Extends to England and Wales
Infrastructure Planning
Made 12th July 2024
Coming into force- 3rd August 2024
The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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 105(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, 120f9, 122f10 and 123f11 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
- f3
- f4
-
As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
- f6
-
Section 105(2) was amended by paragraph 50 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 section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f10
-
As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f11
-
Ibid.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Operation of generating station
- 5Power to maintain the authorised development
- 6Disapplication of legislation, etc.
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 8Street Works
- 9Power to alter layout, etc., of streets
- 10Construction and maintenance of altered streets
- 11Temporary closure of public rights of way
- 12Access to works
- 13Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 14Discharge of water
- 15Protective works to buildings
- 16Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 17Compulsory acquisition of land
- 18Time limit for exercise of authority to acquire land compulsorily
- 19Compulsory acquisition of rights
- 20Private Rights
- 21Application of the 1981 Act
- 22Acquisition of subsoil only
- 23Power to override easements and other rights
- 24Modification of Part 1 of the Compulsory Purchase Act 1965
- 25Rights under or over streets
- 26Temporary use of land for constructing the authorised development
- 27Temporary use of land for maintaining the authorised development
- 28Statutory undertakers
- 29Apparatus and rights of statutory undertakers in closed streets
- 30Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 31Benefit of the Order
- 32Consent to transfer the benefit of the Order
- 33Application of landlord and tenant law
- 34Operational land for purposes of the 1990 Act
- 35Felling or lopping of trees and removal of hedgerows
- 36Trees subject to tree preservation orders
- 37Certification of plans and documents, etc.
- 38Arbitration
- 39Protective Provisions
- 40Service of notices
- 41Procedure in relation to certain approvals etc.
- 42Guarantees in respect of payment of compensation
- 43Traffic regulation measures
- 44Crown Rights
- 45Enforcement, modification and discharge of the Deed of Obligation
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Phasing of the authorised development and date of final commissioning
- 4Requirement for written approval
- 5Approved details and amendments to them
- 6Detailed design approval
- 7Fire safety management
- 8Landscape and ecology management plan
- 9Implementation and maintenance of landscaping
- 10Stone curlew
- 11Fencing and other means of enclosure
- 12Surface and foul water drainage
- 13Archaeology
- 14Construction environmental management plan
- 15Operational environmental management plan
- 16Construction traffic management plan and travel plan
- 17Operational noise
- 18Ground conditions
- 19Water management plan
- 20Skills, supply chain and employment
- 21Permissive paths
- 22Decommissioning and restoration
- 23Crash site exclusion area
- 24Public rights of way
- Schedule 3: LEGISLATION TO BE DISAPPLIED
- 1Paragraph 1
- Schedule 4: STREETS SUBJECT TO STREET WORKS
- 1Interpretation
- Schedule 5: ALTERATION OF STREETS
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 6: PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 2TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
- Schedule 7: ACCESS TO WORKS
- 1PERMANENT MEANS OF ACCESS TO WORKS
- 2TEMPORARY MEANS OF ACCESS TO WORKS
- Schedule 8: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- 1Interpretation
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 10DOCUMENTS AND PLANS TO BE CERTIFIED
- Schedule 11: ARBITRATION RULES
- 1Commencing an arbitration
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 12: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF ANGLIAN WATER
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part 4: FOR THE PROTECTION OF CADENT GAS LIMITED
- 30Application
- 31Interpretation
- 32On street apparatus
- 33Apparatus of Cadent in closed streets
- 34Protective works to buildings
- 35Acquisition of land
- 36Removal of apparatus
- 37Facilities and rights for alternative apparatus
- 38Retained apparatus: protection of Cadent
- 39Expenses
- 40Indemnity
- 41Enactments and agreements
- 42Co-operation
- 43Access
- 44Arbitration
- 45Notices
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 46Paragraph 46
- 47Submission and approval of plans
- 48Construction of protective works
- 49Timing of works and service of notices
- 50Works not in accordance with this Schedule
- 51Works not in accordance with this Schedule
- 52Remediating impaired drainage works
- 53Agency access
- 54Free passage of fish
- 55Indemnity
- 56Indemnity
- 57Disputes
- Part 6: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER AND NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- 58Application
- 59Interpretation
- 60On Street Apparatus
- 61Apparatus of NGET or NGT in closed streets
- 62Protective works to buildings
- 63Acquisition of land
- 64Removal of apparatus
- 65Facilities and rights for alternative apparatus
- 66Retained apparatus: protection of electricity undertaker
- 67Retained apparatus: protection of gas undertaker
- 68Expenses
- 69Indemnity
- 70Enactments and agreements
- 71Co-operation
- 72Access
- 73Arbitration
- 74Notices
- Part 7: FOR THE PROTECTION OF UK POWER NETWORKS LIMITED AND EASTERN POWER NETWORKS PLC
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- Part 8: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- Part 9: FOR THE PROTECTION OF NATIONAL HIGHWAYS
- 97Application
- 98Interpretation
- 99General
- 100Prior Approvals
- 101Construction of the specified work
- 102Payments
- 103Completion of a specified work
- 104Indemnification
- 105Arbitration
- Part 10: FOR THE PROTECTION OF RAILWAY INTERESTS
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Paragraph 127
- Part 11: FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST
- 128Application
- 129Site familiarisation
- 130Arbitration
- Part 12: FOR THE PROTECTION OF HPUT A LIMITED AND HPUT B LIMITED
- 131Application
- 132Interpretation
- 133Written Agreement of HPUT
- 134Limits on the authorised development within the Campus
- 135Campus security
- 136Work dates
- 137Construction method and management scheme
- 138Noise and vibration
- 139Construction hours
- 140Supervision
- 141Construction liaison
- 142Use of the Campus’s facilities
- 143Health and safety
- 144Reinstatement
- 145Maintenance and decommissioning
- 146Surveys and investigations
- 147Expenses
- 148Reasonableness
- 149The HPUT Trustees
- 150The HPUT Trustees
- Part 13: FOR THE PROTECTION OF SOUTH STAFFORDSHIRE WATER PLC
- 151Application
- 152Application
- 153Application
- 154Interpretation
- 155Acquisition of apparatus
- 156Alternative apparatus
- 157Alternative apparatus
- 158Existing apparatus: protection and access
- 159Expenses
- 160Damage to apparatus: costs, losses, etc.
- 161Enactments and agreements
- Part 14: FOR THE PROTECTION OF SUFFOLK COUNTY COUNCIL AND CAMBRIDGESHIRE COUNTY COUNCIL
- 162Paragraph 162
- 163Paragraph 163
- Schedule 13: PROCEDURE FOR DISCHARGE
- 1Interpretation
- 2Applications made under provisions of this Order
- 3Further information and consultation
- 4Appeals
- 5Fees
- Schedule 14: TRAFFIC REGULATION MEASURES
- 1TEMPORARY SPEED LIMITS
- 2TEMPORARY PROHIBITION
- 3TEMPORARY ROAD CLOSURES
- 4TEMPORARY TRAFFIC SIGNALS
- Schedule 15TREES SUBJECT TO TREE PRESERVATION ORDERS
- Explanatory note