The Cleve Hill Solar Park Order 2020

This Statutory Instrument has been published in substitution of the Statutory Instrument of the same number to correct errors in the published version of that Statutory Instrument. In article 5(3), (6) and (6)(c): “…paragraph (1)…” should read “…paragraph (2)…”; in article 5(13): “…articles 0…” should read “…articles 8…”; and in article 12(1)(b): “…article 0(1)…” should read “…article 8(1)…”.

Statutory Instruments

2020 No. 547

Infrastructure Planning

The Cleve Hill Solar Park Order 2020

Made

28th May 2020

Coming into force

19th June 2020

An application has been made to the Secretary of State for an Order under section 37 of the Planning Act 2008 (“the 2008 Act”)(1);

The application was examined by the Examining Authority, which has made a report to the Secretary of State under section 74(2) of the 2008 Act;

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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;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 2017(2) and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act;

The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State is satisfied that open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114, 120, 122 and 123 of the 2008 Act makes the following Order—

(1)

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). Section 74(2) was amended by paragraph 29(3) of that Schedule. Section 105(2) was amended by paragraph 50 of that Schedule. Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

(2)

S.I. 2017/572.