The Longfield Solar Farm Order 2023

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 PRINCIPAL POWERS

   1. 3. Development consent etc. granted by this Order

   2. 4. Operation of generating station

   3. 5. Power to maintain authorised development

   4. 6. Application and modification of statutory provisions

   5. 7. Defence to proceedings in respect of statutory nuisance

4. PART 3 STREETS

   1. 8. Street Works

   2. 9. Power to alter layout, etc., of streets

   3. 10. Construction and maintenance of altered streets

   4. 11. Temporary closure of public rights of way

   5. 12. Access to works

   6. 13. Agreements with street authorities

   7. 14. Traffic regulation measures

5. PART 4 SUPPLEMENTAL POWERS

   1. 15. Discharge of water

   2. 16. Protective works to buildings

   3. 17. Authority to survey and investigate the land

6. PART 5 POWERS OF ACQUISITION

   1. 18. Compulsory acquisition of land

   2. 19. Time limit for exercise of authority to acquire land compulsorily

   3. 20. Compulsory acquisition of rights

   4. 21. Private rights

   5. 22. Application of the 1981 Act

   6. 23. Acquisition of subsoil only

   7. 24. Power to override easements and other rights

   8. 25. Modification of Part 1 of the Compulsory Purchase Act 1965

   9. 26. Rights under or over streets

   10. 27. Temporary use of land for constructing the authorised development

   11. 28. Temporary use of land for maintaining the authorised development

   12. 29. Statutory undertakers

   13. 30. Apparatus and rights of statutory undertakers in closed streets

   14. 31. Recovery of costs of new connections

7. PART 6 MISCELLANEOUS AND GENERAL

   1. 32. Benefit of the Order

   2. 33. Consent to transfer the benefit of the Order

   3. 34. Application of landlord and tenant law

   4. 35. Operational land for purposes of the 1990 Act

   5. 36. Felling or lopping of trees and removal of hedgerows

   6. 37. Trees subject to tree preservation orders

   7. 38. Certification of plans and documents, etc.

   8. 39. Arbitration

   9. 40. Protective Provisions

   10. 41. Service of notices

   11. 42. Procedure in relation to certain approvals etc.

   12. 43. Guarantees in respect of payment of compensation

   13. 44. Compulsory acquisition of land – incorporation of the mineral code

8. Signature

9. 1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1. Interpretation

      2. 2. Authorised development

   2. SCHEDULE 2

      REQUIREMENTS

      1. 1. Interpretation

      2. PART 1 GENERAL REQUIREMENTS

         1. 2. Commencement of the authorised development

         2. 3. Phasing of the authorised development and date of final commissioning

         3. 4. Requirement for written approval

         4. 5. Approved details and amendments to them

         5. 6. Community liaison group

      3. PART 2 SOLAR FARM WORKS AND GRID CONNECTION WORKS

         1. 7. Detailed design approval

         2. 8. Battery safety management

         3. 9. Landscape and ecological management plan

         4. 10. Fencing and other means of enclosure

         5. 11. Surface and foul water drainage

         6. 12. Archaeology

         7. 13. Construction environmental management plan

         8. 14. Operational environmental management plan

         9. 15. Construction traffic management plan

         10. 16. Operational noise

         11. 17. Permissive paths

         12. 18. Public rights of way diversions

         13. 19. Soils Management

         14. 20. Decommissioning and restoration

         15. 21. Highway improvements

      4. PART 3 BULLS LODGE SUBSTATION WORKS

         1. 22. Detailed design approval

         2. 23. Fencing and other means of enclosure

         3. 24. Surface and foul water drainage

         4. 25. Archaeology

         5. 26. Construction environmental management plan

         6. 27. Construction traffic management plan

         7. 28. Soils Management

         8. 29. Operational environmental management plan

   3. SCHEDULE 3

      LEGISLATION TO BE DISAPPLIED

      1. 1. The following provisions do not apply in so far as...

   4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

      1. 1. Interpretation

   5. SCHEDULE 5

      ALTERATION OF STREETS

      1. PART 1 PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE HIGHWAY AUTHORITY

      2. PART 2 PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE STREET AUTHORITY

      3. PART 3 TEMPORARY ALTERATION OF LAYOUT

   6. SCHEDULE 6

      PUBLIC RIGHTS OF WAY

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED

      2. PART 2 PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY

      3. PART 3 TEMPORARY MANAGEMENT OF PUBLIC RIGHT OF WAY

   7. SCHEDULE 7

      ACCESS TO WORKS

      1. PART 1 PERMANENT MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY MEANS OF ACCESS

   8. SCHEDULE 8

      TRAFFIC REGULATION MEASURES

   9. SCHEDULE 9

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1. Interpretation

   10. SCHEDULE 10

       MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

       1. 1. Compensation enactments

       2. 2. (1) Without limitation on the scope of paragraph 1, the...

       3. 3. (1) Without limitation to the scope of paragraph 1, the...

       4. 4. Application of Part 1 of the 1965 Act

       5. 5. (1) The modifications referred to in paragraph 4(a) are as...

   11. SCHEDULE 11

       LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   12. SCHEDULE 12

       HEDGEROWS TO BE REMOVED

   13. SCHEDULE 13

       DOCUMENTS AND PLANS TO BE CERTIFIED

   14. SCHEDULE 14

       ARBITRATION RULES

       1. 1. Commencing an arbitration

       2. 2. Time periods

       3. 3. Timetable

       4. 4. Procedure

       5. 5. Arbitrator’s powers

       6. 6. Costs

       7. 7. Confidentiality

   15. SCHEDULE 15

       PROTECTIVE PROVISIONS

       1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

          1. 1. For the protection of the utility undertakers referred to in...

          2. 2. In this part of this Schedule— “alternative apparatus” means alternative...

          3. 3. This part of this Schedule does not apply to apparatus...

          4. 4. Regardless of the temporary prohibition or restriction of use of...

          5. 5. Regardless of any provision in this Order or anything shown...

          6. 6. (1) If, in the exercise of the powers conferred by...

          7. 7. (1) Where, in accordance with the provisions of this part...

          8. 8. (1) Not less than 28 days before starting the execution...

          9. 9. (1) Subject to the following provisions of this paragraph, the...

          10. 10. (1) Subject to sub-paragraphs (2) and (3), if by reason...

          11. 11. Nothing in this part of this Schedule affects the provisions...

       2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

          1. 12. (1) For the protection of any operator, the following provisions...

          2. 13. The exercise of the powers of article 29 (statutory undertakers)...

          3. 14. (1) Subject to sub-paragraphs (2) to (4), if as the...

          4. 15. This Part of this Schedule does not apply to—

          5. 16. Nothing in this Part of this Schedule affects the provisions...

       3. PART 3 FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC AND UK POWER NETWORKS LIMITED

          1. 17. For the protection of the utility undertakers referred to in...

          2. 18. In this Part of this Schedule— “alternative apparatus” means alternative...

          3. 19. This Part of this Schedule does not apply to apparatus...

          4. 20. Regardless of the temporary prohibition or restriction of use of...

          5. 21. Regardless of any provision in this Order or anything shown...

          6. 22. (1) If, in the exercise of the powers conferred by...

          7. 23. (1) Where, in accordance with the provisions of this Part...

          8. 24. (1) Not less than 28 days before starting the execution...

          9. 25. (1) Subject to the following provisions of this paragraph, the...

          10. 26. (1) Subject to sub-paragraphs (2) and (3), if by reason...

          11. 27. Where in consequence of the proposed construction of any of...

          12. 28. Nothing in this Part of this Schedule affects the provisions...

          13. 29. Any difference under this Part of this Schedule must, unless...

       4. PART 4 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

          1. 30. Application

          2. 31. Interpretation

          3. 32. On Street Apparatus

          4. 33. Apparatus of National Grid in streets subject to temporary closure

          5. 34. Protective works to buildings

          6. 35. Acquisition of land

          7. 36. Removal of apparatus

          8. 37. Facilities and rights for alternative apparatus

          9. 38. Retained apparatus: protection of electricity undertaker

          10. 39. Expenses

          11. 40. Indemnity

          12. 41. Enactments and agreements

          13. 42. Co-operation

          14. 43. Access

          15. 44. Arbitration

          16. 45. Notices

          17. 46. Agreement of 18th January 2023

       5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

          1. 47. (1) The following provisions apply for the protection of the...

          2. 48. Submission and approval of plans

          3. 49. Construction of protective works

          4. 50. Timing of works and service of notices

          5. 51. Works not in accordance with this Schedule

          6. 52. Maintenance of works

          7. 53. Remediating impaired drainage work

          8. 54. Agency access

          9. 55. Free passage of fish

          10. 56. Indemnity

          11. 57. (1) The undertaker is responsible for and indemnifies the Agency...

          12. 58. Disputes

       6. PART 6 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

          1. 59. The provisions of this Part of this Schedule have effect...

          2. 60. In this Part of this Schedule— “authorised development” has the...

          3. 61. (1) Before commencing construction of a specified work, the undertaker...

          4. 62. Without limiting the scope of paragraph 61, the requirements which...

          5. 63. (1) Subject to sub-paragraph (2), any specified work, and all...

          6. 64. If by reason of the construction of a specified work...

          7. 65. The undertaker must make reasonable compensation for costs, charges and...

          8. 66. (1) The undertaker must make reasonable compensation for liabilities, costs...

          9. 67. Any dispute arising between the undertaker and the drainage authority...

       7. PART 7 FOR THE PROTECTION OF RAILWAY INTERESTS

          1. 68. The provisions of this Part of this Schedule have effect,...

          2. 69. In this Part of this Schedule— “asset protection agreement” means...

          3. 70. (1) Where under this Part of this Schedule Network Rail...

          4. 71. (1) The undertaker must not exercise the powers conferred by—...

          5. 72. (1) The undertaker must before commencing construction of any specified...

          6. 73. (1) Any specified work and any protective works to be...

          7. 74. The undertaker must— (a) at all times afford reasonable facilities...

          8. 75. Network Rail must at all times afford reasonable facilities to...

          9. 76. (1) If any permanent or temporary alterations or additions to...

          10. 77. The undertaker must repay to Network Rail all reasonable fees,...

          11. 78. (1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

          12. 79. If at any time after the completion of a specified...

          13. 80. The undertaker must not provide any illumination or illuminated sign...

          14. 81. Any additional expenses which Network Rail may reasonably incur in...

          15. 82. (1) The undertaker must pay to Network Rail all reasonable...

          16. 83. Network Rail must, on receipt of a request from the...

          17. 84. In the assessment of any sums payable to Network Rail...

          18. 85. The undertaker and Network Rail may, subject in the case...

          19. 86. Nothing in this Order, or in any enactment incorporated with...

          20. 87. The undertaker must give written notice to Network Rail if...

          21. 88. The undertaker must no later than 28 days from the...

       8. PART 8 FOR THE PROTECTION OF ESSEX COUNTY COUNCIL

          1. 89. The provisions in this Part of this Schedule have effect...

          2. 90. In this Part of this Schedule— “authorised development” has the...

          3. 91. (1) Before beginning to construct any specified work in relation...

          4. 92. Without limiting the scope of paragraph 91, the requirements which...

          5. 93. (1) Subject to sub-paragraph (2), any specified work, and all...

          6. 94. If by reason of the construction of a specified work...

          7. 95. The undertaker must make reasonable compensation for costs, charges and...

          8. 96. (1) The undertaker must make reasonable compensation for liabilities, costs...

          9. 97. Any dispute arising between the undertaker and the drainage authority...

       9. PART 9 FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

          1. 98. For the protection of Essex and Suffolk Water, the following...

          2. 99. In this Part of this Schedule— “alternative apparatus” means alternative...

          3. 100. Retained apparatus

          4. 101. Without limiting the scope of paragraph 100, the requirements which...

          5. 102. (1) Subject to sub-paragraph (2), any specified work, and all...

          6. 103. If by reason of the construction of a specified work...

          7. 104. The undertaker must make reasonable compensation for costs, charges and...

          8. 105. Removal of apparatus

          9. 106. (1) Where, in accordance with the provisions of this part...

          10. 107. (1) Subject to the following provisions of this paragraph, the...

          11. 108. Costs

          12. 109. Other

          13. 110. Any dispute arising between the undertaker and ESW under this...

          14. 111. If in consequence of the exercise of the powers conferred...

       10. PART 10 FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE TRUST

           1. 112. Application

           2. 113. Site familiarisation

           3. 114. Arbitration

   16. SCHEDULE 16

       PROCEDURE FOR DISCHARGE OF REQUIREMENTS

       1. 1. Interpretation

       2. 2. Applications made under requirement

       3. 3. Further information and consultation

       4. 4. Appeals

       5. 5. Fees

10. Explanatory Note