Article 2 InterpretationI1

In this Order—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1989 Act” means the Electricity Act 1989^f6;

• “the 1990 Act” means the Town and Country Planning Act 1990^f7;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f8;

• “the 2008 Act” means the Planning Act 2008^f9;

• “address” includes any number or address used for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

• “archaeological mitigation strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) F1... and which is certified by the Secretary of State as the archaeological mitigation strategy for the purposes of this Order;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “book of reference” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in the 1980 Act;

• “commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out or for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and the words “commencement”, “commenced” and cognate expressions are to be construed accordingly;

• “commissioning” means the process of testing all systems and components of numbered work 1 to ensure that they, and the authorised development as a whole, function in accordance with plant design specifications and the undertaker’s operational and safety requirements;

• “Cottam undertaker” means the undertaker for the purposes of the Cottam Solar Project Order 2024^f10;

• “date of decommissioning” means in respect of each part of the authorised development commenced under requirement 2 of Schedule 2 (requirements), the date that that part of the authorised development has permanently ceased to generate electricity on a commercial basis;

• “date of final commissioning” means in respect of each part of the authorised development commenced under requirement 2 of Schedule 2 (requirements), the date on which that part of the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

• “electrical cables” means—

  1. (a)

     cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to direct current (DC) boxes, earthing cables, data cables and optical fibre cables; and

  2. (b)

     works associated with cable laying including jointing pits, hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “environmental statement” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “framework battery safety management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework battery safety management plan for the purposes of this Order;

• “framework construction environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework construction environmental management plan for the purposes of this Order;

• “framework construction traffic management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order;

• “framework decommissioning environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework decommissioning environmental management plan for the purposes of this Order;

• “framework landscape and ecological management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework landscape and ecological management plan F2for the purposes of this Order;

• “framework operational environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework operational environmental management plan for the purposes of this Order;

• “framework public rights of way management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework public rights of way management plan for the purposes of this Order;

• “framework skills, supply chain and employment plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework skills, supply chain and employment plan for the purposes of this Order;

• “framework soil management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework soil management plan for the purposes of this Order;

• “Gate Burton undertaker” means the undertaker for the purposes of the Gate Burton Energy Park Order 2024^f11;

• “hedgerow removal plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the hedgerow removal plan for the purposes of this Order;

• “highway” and “highway authority” have the same meaning as in the 1980 Act^f12;

• “land and Crown land plans” means the plans of that name identified in the table at Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the land and Crown land plans for the purposes of this Order;

• “limits of deviation” means the limits of deviation shown for each numbered work on the works plans;

• “maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly;

• “National Grid” means National Grid Electricity Transmission plc (company number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the 1989 Act;

• “Order land” means the land shown on the land and Crown land plans which is within the limits of land to be ... acquired or used and which is described in the book of reference;

• “Order limits” means the limits shown on the works plans within which the authorised development may be carried out and land acquired or used;

• “outline design principles statement” means the document identified as the outline design principles statement in the table of Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline design principles for the purposes of this Order;

• “outline drainage strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f13;

• “permitted preliminary works” means all or any of—

  1. (a)

     environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions;

  2. (b)

     removal of plant and machinery;

  3. (c)

     above ground site preparation for temporary facilities for the use of contractors;

  4. (d)

     remedial work in respect of any contamination or other adverse ground conditions;

  5. (e)

     diversion and laying of apparatus;

  6. (f)

     the provision of temporary means of enclosure and site security for construction;

  7. (g)

     the temporary display of site notices or advertisements;

  8. (h)

     site clearance (including vegetation removal, demolition of existing buildings and structures); or

  9. (i)

     advanced planting to allow for an early establishment of protective screening;

• “plot” means any plot as may be identified by reference to a number and which is listed in the book of reference and shown on the land and Crown land plans;

• “relevant permit scheme” means the Lincolnshire Permit Scheme for Road Works and Street Works Order 2016 or the Nottinghamshire County Council Permit Scheme Order 2020 which are made under Part 3 of the Traffic Management Act 2004, as applicable for the location of the relevant street works;

• “relevant planning authority” means the local planning authority for the area in which the land to which the provisions of this Order apply is situated and as more particularly described for the purposes of the requirements in Schedule 2 (requirements);

• “requirements” means those matters set out in Schedule 2 (requirements) and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Schedule with the same number;

• “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of chapter 1) of the Communications Act 2003^f14;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act^f15;

• “streets, rights of way and access plans” means the plans of that name identified in the table at Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the streets, rights of way and access plans for the purposes of this Order;

• “street works” means the works listed in article 8(1) (street works);

• “subsidiary” has the same meaning as in section 1159 of the Companies Act 2006^f16;

• “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act^f17;

• “traffic regulation measures plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the traffic regulation measures plan for the purposes of this Order;

• “undertaker” means Tillbridge Solar Limited (company number 12887594) and any other person who for the time being has the benefit of this Order in accordance with article 35 (benefit of the Order) or article 36 (consent to transfer the benefit of the Order);

• “Upper Tribunal” means the Lands Chamber of the Upper Tribunal;

• “watercourse” includes every river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain;

• “West Burton undertaker” means the undertaker for the purposes of the West Burton Solar Project Order 2025^f18;

• “working day” means any day apart from Saturday, Sunday or any English bank or public holiday; and

• “works plans” means the plans of that name identified in the table at Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the works plans for the purposes of this Order.

References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.

In this Order, references to the purposes of the authorised development includes the construction, maintenance, operation, use and decommissioning of the authorised development.

All distances, directions, capacities and lengths referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised development and shown on the works plans, traffic regulation measures plans and streets, rights of way and access plans are to be taken to be measured along that work.

References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plans and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule and a reference to “Work No. 4” or “numbered work 4” means numbered works 4A, 4B, 4C, 4D and F3... 4E inclusive and the same principle applies to such numbered works that contain letters.

In this Order, the expression “includes” is to be construed without limitation.

In this Order, references to any statutory body include that body’s successor bodies.

All areas described in square metres in the book of reference are approximate.

References in this Order to any statute, order, regulation or similar instrument are to be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.