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The Sunnica Energy Farm Order 2024

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  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 the authorised development

    4. 6.Disapplication of legislation, etc.

    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

  5. PART 4 SUPPLEMENTAL POWERS

    1. 14.Discharge of water

    2. 15.Protective works to buildings

    3. 16.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 17.Compulsory acquisition of land

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

    3. 19.Compulsory acquisition of rights

    4. 20.Private Rights

    5. 21.Application of the 1981 Act

    6. 22.Acquisition of subsoil only

    7. 23.Power to override easements and other rights

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

    9. 25.Rights under or over streets

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

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

    12. 28.Statutory undertakers

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

    14. 30.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 31.Benefit of the Order

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

    3. 33.Application of landlord and tenant law

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

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

    6. 36.Trees subject to tree preservation orders

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

    8. 38.Arbitration

    9. 39.Protective Provisions

    10. 40.Service of notices

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

    12. 42.Guarantees in respect of payment of compensation

    13. 43.Traffic regulation measures

    14. 44.Crown Rights

    15. 45.Enforcement, modification and discharge of the Deed of Obligation

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.In this Schedule— “battery station” means a station comprising transformers,...

      2. 2.In the Districts of West Suffolk and East Cambridgeshire in...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

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

      4. 4.Requirement for written approval

      5. 5.Approved details and amendments to them

      6. 6.Detailed design approval

      7. 7.Fire safety management

      8. 8.Landscape and ecology management plan

      9. 9.Implementation and maintenance of landscaping

      10. 10.Stone curlew

      11. 11.Fencing and other means of enclosure

      12. 12.Surface and foul water drainage

      13. 13.Archaeology

      14. 14.Construction environmental management plan

      15. 15.Operational environmental management plan

      16. 16.Construction traffic management plan and travel plan

      17. 17.Operational noise

      18. 18.Ground conditions

      19. 19.Water management plan

      20. 20.Skills, supply chain and employment

      21. 21.Permissive paths

      22. 22.Decommissioning and restoration

      23. 23.Crash site exclusion area

      24. 24.Public rights of way

    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

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    6. SCHEDULE 6

      PUBLIC RIGHTS OF WAY

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

      2. PART 2 TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

    7. SCHEDULE 7

      ACCESS TO WORKS

      1. PART 1 PERMANENT MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY MEANS OF ACCESS TO WORKS

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1.Interpretation

    9. SCHEDULE 9

      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 on 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...

    10. SCHEDULE 10

      DOCUMENTS AND PLANS TO BE CERTIFIED

    11. SCHEDULE 11

      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

    12. SCHEDULE 12

      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 28 (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...

        6. 17.The undertaker must not exercise the powers granted under this...

      3. PART 3 FOR THE PROTECTION OF ANGLIAN WATER

        1. 18.For the protection of Anglian Water, the following provisions, unless...

        2. 19.In this Part of this Schedule— “apparatus” means any works,...

        3. 20.(1) The undertaker must not interfere with, build over, under...

        4. 21.The alteration, extension, removal or re-location of any apparatus must...

        5. 22.In the situation, where in exercise of the powers conferred...

        6. 23.Regardless of any provision in this Order or anything shown...

        7. 24.If in consequence of the exercise of the powers conferred...

        8. 25.If in consequence of the exercise of the powers conferred...

        9. 26.If for any reason or in consequence of the construction...

        10. 27.Anglian Water must use its reasonable endeavours to mitigate in...

        11. 28.Nothing in paragraph 26 above imposes any liability on the...

        12. 29.Any difference or dispute arising between the undertaker and Anglian...

      4. PART 4 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. 30.Application

        2. 31.Interpretation

        3. 32.On street apparatus

        4. 33.Apparatus of Cadent in closed streets

        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 Cadent

        10. 39.Expenses

        11. 40.Indemnity

        12. 41.Enactments and agreements

        13. 42.Co-operation

        14. 43.Access

        15. 44.Arbitration

        16. 45.Notices

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 46.(1) The following provisions apply for the protection of the...

        2. 47.Submission and approval of plans

        3. 48.Construction of protective works

        4. 49.Timing of works and service of notices

        5. 50.Works not in accordance with this Schedule

        6. 51.(1) Subject to sub-paragraph (6) the undertaker must from the...

        7. 52.Remediating impaired drainage works

        8. 53.Agency access

        9. 54.Free passage of fish

        10. 55.Indemnity

        11. 56.(1) The undertaker is responsible for and indemnifies the Agency...

        12. 57.Disputes

      6. PART 6 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER AND NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

        1. 58.Application

        2. 59.Interpretation

        3. 60.On Street Apparatus

        4. 61.Apparatus of NGET or NGT in closed streets

        5. 62.Protective works to buildings

        6. 63.Acquisition of land

        7. 64.Removal of apparatus

        8. 65.Facilities and rights for alternative apparatus

        9. 66.Retained apparatus: protection of electricity undertaker

        10. 67.Retained apparatus: protection of gas undertaker

        11. 68.Expenses

        12. 69.Indemnity

        13. 70.Enactments and agreements

        14. 71.Co-operation

        15. 72.Access

        16. 73.Arbitration

        17. 74.Notices

      7. PART 7 FOR THE PROTECTION OF UK POWER NETWORKS LIMITED AND EASTERN POWER NETWORKS PLC

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

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

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

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

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

        6. 80.(1) If, in the exercise of the powers conferred by...

        7. 81.(1) Where, in accordance with the provisions of this Part...

        8. 82.(1) Not less than 28 days before starting the execution...

        9. 83.(1) Subject to the following provisions of this paragraph, the...

        10. 84.(1) Subject to sub-paragraphs (2) and (3), if by reason...

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

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

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

      8. PART 8 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

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

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

        3. 90.(1) Before commencing construction of a specified work, the undertaker...

        4. 91.Without limiting the scope of paragraph 90, the requirements which...

        5. 92.(1) Subject to sub-paragraph (2), any specified work, and all...

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

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

        8. 95.(1) The undertaker must make reasonable compensation for liabilities, costs...

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

      9. PART 9 FOR THE PROTECTION OF NATIONAL HIGHWAYS

        1. 97.Application

        2. 98.Interpretation

        3. 99.General

        4. 100.Prior Approvals

        5. 101.Construction of the specified work

        6. 102.Payments

        7. 103.Completion of a specified work

        8. 104.Indemnification

        9. 105.Arbitration

      10. PART 10 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

        3. 108.(1) Where under this Part of this Schedule Network Rail...

        4. 109.(1) The undertaker must not exercise the powers conferred by—...

        5. 110.(1) The undertaker must before commencing construction of any specified...

        6. 111.(1) Any specified work and any protective works to be...

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

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

        9. 114.(1) If any permanent or temporary alterations or additions to...

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

        11. 116.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 120.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

        22. 127.In relation to any dispute arising under this Part of...

      11. PART 11 FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST

        1. 128.Application

        2. 129.Site familiarisation

        3. 130.Arbitration

      12. PART 12 FOR THE PROTECTION OF HPUT A LIMITED AND HPUT B LIMITED

        1. 131.Application

        2. 132.Interpretation

        3. 133.Written Agreement of HPUT

        4. 134.Limits on the authorised development within the Campus

        5. 135.Campus security

        6. 136.Work dates

        7. 137.Construction method and management scheme

        8. 138.Noise and vibration

        9. 139.Construction hours

        10. 140.Supervision

        11. 141.Construction liaison

        12. 142.Use of the Campus’s facilities

        13. 143.Health and safety

        14. 144.Reinstatement

        15. 145.Maintenance and decommissioning

        16. 146.Surveys and investigations

        17. 147.Expenses

        18. 148.Reasonableness

        19. 149.The HPUT Trustees

        20. 150.References in this Part of this Schedule to NatWest is...

      13. PART 13 FOR THE PROTECTION OF SOUTH STAFFORDSHIRE WATER PLC

        1. 151.Application

        2. 152.The provisions of Part 1 of Schedule 12 (Protective Provisions...

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

        4. 154.Interpretation

        5. 155.Acquisition of apparatus

        6. 156.Alternative apparatus

        7. 157.(1) Where, in accordance with the provisions of this Part...

        8. 158.Existing apparatus: protection and access

        9. 159.Expenses

        10. 160.Damage to apparatus: costs, losses, etc.

        11. 161.Enactments and agreements

      14. PART 14 FOR THE PROTECTION OF SUFFOLK COUNTY COUNCIL AND CAMBRIDGESHIRE COUNTY COUNCIL

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

        2. 163.Where Suffolk County Council or Cambridgeshire County Council are the...

    13. SCHEDULE 13

      PROCEDURE FOR DISCHARGE

      1. 1.Interpretation

      2. 2.Applications made under provisions of this Order

      3. 3.Further information and consultation

      4. 4.Appeals

      5. 5.Fees

    14. SCHEDULE 14

      TRAFFIC REGULATION MEASURES

      1. PART 1 TEMPORARY SPEED LIMITS

      2. PART 2 TEMPORARY PROHIBITION

      3. PART 3 TEMPORARY ROAD CLOSURES

      4. PART 4 TEMPORARY TRAFFIC SIGNALS

    15. SCHEDULE 15

      TREES SUBJECT TO TREE PRESERVATION ORDERS

  10. Explanatory Note

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