The Sunnica Energy Farm Order 2024

Enforcement, modification and discharge of the Deed of Obligation E+W

45.—(1) The terms of the Deed of Obligation are enforceable by injunction.

(2) An obligation in the Deed of Obligation may not be modified or discharged except—

(a) by agreement between the undertaker and the beneficiary of the obligation, executed as a deed; or

(b) further to a determination by the Secretary of State under this article.

(3) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which the Deed of Obligation was first entered into, apply to the Secretary of State for the obligation—

(a) to have effect subject to such modifications as may be specified in the application; or

(b) to be discharged, and must notify Suffolk County Council and Cambridgeshire County Council as soon as any such application is made.

(4) An application under paragraph (3) for the modification of an obligation in the Deed of Obligation may not specify a modification imposing an obligation on any other person against whom the Deed of Obligation is enforceable.

(5) Where an application is made to the Secretary of State under paragraph (3), the Secretary of State must consult Suffolk County Council and Cambridgeshire County Council and, taking into account their responses, may determine—

(a) that the obligation must continue to have effect without modification;

(b) if the obligation no longer serves a useful purpose, that it must be discharged; or

(c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it must have effect subject to those modifications,

and must give notice of their determination to the undertaker, Suffolk County Council and Cambridgeshire County Council within three months of the application and provide full reasons for the decision.

(6) Where the Secretary of State determines under this article that an obligation has effect subject to modifications specified in the application, the obligation as modified must be enforceable as if it had been entered into on the date on which notice of the determination was given to the undertaker, Suffolk County Council and Cambridgeshire County Council or such other date as the Secretary of State may determine.

(7) An application to the Secretary of State under paragraph (3) must include the following information—

(a) the name and address of the undertaker;

(b) sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged;

(c) the undertaker’s reasons for applying for the modification or discharge of that obligation; and

(d) such other information as the Secretary of State considers necessary to enable them to determine the application.

(8) Where it is proposed that Suffolk County Council or Cambridgeshire County Council is not to be a party to any deed entered into under paragraph (3)(a), the body not proposed to be a party must be provided with the information set out in paragraphs (7)(a) to (c), and be given not less than 21 days to make representations.

(9) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation in the Deed of Obligation.

(10) In this article “undertaker” means the undertaker authorised to construct or operate numbered works 1 and 2, being the undertaker bound by the Deed of Obligation.

Commencement Information

I1 Art. 45 in force at 3.8.2024, see art. 1