{
  "url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/schedule-12/paragraph-100",
  "json_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/schedule-12/paragraph-100.json",
  "legislation": "uksi/2024/802",
  "legislation_title": "The Sunnica Energy Farm Order 2024",
  "legislation_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024",
  "path": "schedule/12/paragraph/100",
  "kind": "paragraph",
  "number": "100",
  "heading": "Prior Approvals",
  "text": "(1) No specified work may commence until—\n(a) the programme of works has been approved by National Highways;\n(b) the following details relating to the specified work have been submitted to and approved by National Highways—\n(i) the detailed design information;\n(ii) details of any proposed road space bookings with National Highways;\n(iii) (if details have been supplied pursuant to sub-paragraph (ii) above) a scheme of traffic management; and\n(iv) the identity of the contractor and nominated persons,\n(c) if the carrying out of a specified work requires the booking of any road space with National Highways and a scheme of traffic management and a process for stakeholder liaison has been submitted by the undertaker and approved by National Highways, such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;\n(d) any stakeholder liaison that may be required has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c) above;\n(e) any further information that National Highways may reasonably request within 14 days of the submission of the detailed design of a specified work has been supplied to National Highways; and\n(f) a condition survey, and a reasonable regime of monitoring the structures, assets and pavements that are the subject of the condition survey, has been submitted to and approved by National Highways.\n(2) National Highways must provide the undertaker with a list, which is to be agreed between the parties acting reasonably, of all the structures, assets and pavements to be subject to both a condition survey and reasonable regime of monitoring pursuant to sub-paragraph (1)(f) and paragraph 103(1) of this Part of this Schedule before the first condition survey is conducted and the reasonable regime of monitoring is implemented.\n(3) National Highways must prior to the commencement of a specified work inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways to consider the information required under sub-paragraph (1) and of the identity of the person or persons who are authorised to give consent or approval on behalf of National Highways for any matter requiring approval or consent in these provisions.\n(4) Any approval of National Highways required by this paragraph—\n(a) must not be unreasonably withheld or delayed;\n(b) in the case of a refusal must be accompanied by a statement of grounds for refusal;\n(c) is deemed to have been refused if it is neither given or refused within 56 days of the submission of the relevant information (if further information is requested by National Highways any such request must be submitted to the undertaker within 28 days of submission of the relevant information under this sub-paragraph (c) and the provision of such further information by the undertaker will not be deemed to constitute a new application for approval pursuant to this paragraph); and\n(d) may be given subject to any reasonable conditions as National Highways considers necessary.\n(5) Except where an approval has been provided under sub-paragraph (1), the undertaker must not exercise—\n(a) article 5 (power to maintain the authorised development);\n(b) article 14 (discharge of water);\n(c) article 15 (protective works to buildings);\n(d) article 16 (authority to survey and investigate the land);\n(e) article 26 (temporary use of land for constructing the authorised development);\n(f) article 27 (temporary use of land for maintaining the authorised development); or\n(g) article 35 (felling or lopping of trees and removal of hedgerows)\nof this Order over any part of the trunk road without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and submit a scheme of traffic management for National Highways’ approval.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 100 in force at 3.8.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/802/schedule/12/paragraph/100",
    "retrieved_at": "2026-10-28T21:27:58.279529+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."
}