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The Cottam Solar Project 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.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 prohibition or restriction of use of streets and public rights of way

    5. 12.Use of private roads

    6. 13.Access to works

    7. 14.Agreements with street authorities

    8. 15.Traffic regulation measures

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Removal of human remains

    3. 18.Protective works to buildings

    4. 19.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 20.Compulsory acquisition of land

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

    3. 22.Compulsory acquisition of rights

    4. 23.Private rights

    5. 24.Application of the 1981 Act

    6. 25.Acquisition of subsoil only

    7. 26.Power to override easements and other rights

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

    9. 28.Rights under or over streets

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

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

    12. 31.Statutory undertakers

    13. 32.Apparatus and rights of statutory undertakers in stopped up streets

    14. 33.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 34.Benefit of the Order

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

    3. 36.Application of landlord and tenant law

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

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

    6. 39.Trees subject to tree preservation orders

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

    8. 41.No double recovery

    9. 42.Arbitration

    10. 43.Protective provisions

    11. 44.Service of notices

    12. 45.Procedure in relation to certain approvals etc.

    13. 46.Guarantees in respect of payment of compensation

    14. 47.Compulsory acquisition of land – incorporation of the mineral code

    15. 48.Crown rights

  8. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.In this Schedule— “energy storage” means equipment used for the...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

      3. 3.Approved details and amendments to them

      4. 4.Community liaison group

      5. 5.Detailed design approval

      6. 6.Battery safety management

      7. 7.Landscape and ecological management plan

      8. 8.Ecological protection and mitigation strategy

      9. 9.Biodiversity net gain

      10. 10.Fencing and other means of enclosure

      11. 11.Surface and foul water drainage

      12. 12.Archaeology

      13. 13.Construction environmental management plan

      14. 14.Operational environmental management plan

      15. 15.Construction traffic management plan

      16. 16.Operational noise

      17. 17.Permissive path

      18. 18.Public rights of way

      19. 19.Soils management

      20. 20.Skills, supply chain and employment

      21. 21.Decommissioning and restoration

      22. 22.Long term flood risk mitigation

    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

    5. SCHEDULE 5

      ALTERATION OF STREETS

      1. PART 1 PERMANENT ALTERATION OF LAYOUT

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT

    6. SCHEDULE 6

      STREETS AND PUBLIC RIGHTS OF WAY

      1. PART 1 TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS

      2. PART 2 TEMPORARY PROHIBITION OR RESTRICTION OF PUBLIC RIGHTS OF WAY WITH DIVERSION

      3. PART 3 TEMPORARY PROHIBITION OR RESTRICTION OF PUBLIC RIGHTS OF WAY

      4. PART 4 TEMPORARY PROHIBITION OR RESTRICTION OF PUBLIC RIGHTS OF WAY WITH OR WITHOUT DIVERSION

    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

    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 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...

    11. SCHEDULE 11

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    12. SCHEDULE 12

      HEDGEROWS TO BE REMOVED

      1. PART 1 REMOVAL OF HEDGEROWS

      2. PART 2 REMOVAL OF POTENTIALLY IMPORTANT HEDGEROWS

      3. PART 3 REMOVAL OF IMPORTANT HEDGEROWS

    13. SCHEDULE 13

      DOCUMENTS AND PLANS TO BE CERTIFIED

      1. PART 1 DOCUMENTS AND PLANS

      2. PART 2 SUBSTITUTE AND SUPPLEMENTARY DOCUMENTS

    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.For the protection of any operator, the following provisions have...

        2. 13.In this Part of this Schedule— “the 2003 Act” means...

        3. 14.The exercise of the powers of article 31 (statutory undertakers)...

        4. 15.(1) Subject to sub-paragraphs (2) to (4), if as the...

        5. 16.This Part of this Schedule does not apply to—

        6. 17.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 18.Application

        2. 19.Interpretation

        3. 20.On street apparatus

        4. 21.Apparatus of National Grid in streets subject to temporary prohibition or restriction of use and public rights of way

        5. 22.Protective works to buildings

        6. 23.Acquisition of land

        7. 24.Removal of apparatus

        8. 25.Facilities and rights for alternative apparatus

        9. 26.Retained apparatus: protection of National Grid as electricity undertaker

        10. 27.Expenses

        11. 28.Indemnity

        12. 29.Enactments and agreements

        13. 30.Co-operation

        14. 31.Access

        15. 32.Arbitration

        16. 33.Notices

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC AS ELECTRICITY UNDERTAKER

        1. 34.Application

        2. 35.Interpretation

        3. 36.Precedence of 1991 Act in respect of apparatus in streets

        4. 37.No acquisition except by agreement

        5. 38.Removal of apparatus

        6. 39.Facilities and rights for alternative apparatus

        7. 40.Retained apparatus

        8. 41.Expenses and costs

        9. 42.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 43.Expert determination

      5. PART 5 FOR THE PROTECTION OF NORTHERN POWERGRID

        1. 44.The following provisions apply for the protection of Northern Powergrid...

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

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

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

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

        6. 49.Regardless of any provision in the Order or anything shown...

        7. 50.(1) If, in the exercise of the powers conferred by...

        8. 51.(1) Where, in accordance with the provisions of this Part...

        9. 52.(1) Not less than 48 days before starting the execution...

        10. 53.(1) Subject to the following provisions of this paragraph, the...

        11. 54.(1) Subject to sub-paragraphs (2) and (3) if by reason...

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

        13. 56.Any difference under the provisions of this Part of this...

        14. 57.Where in consequence of the proposed construction of any of...

        15. 58.If in consequence of an agreement reached in accordance with...

        16. 59.The plans submitted to Northern Powergrid by the undertaker pursuant...

        17. 60.(1) Where practicable, the undertaker and Northern Powergrid will make...

      6. PART 6 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. 61.Application

        2. 62.Interpretation

        3. 63.On street apparatus

        4. 64.Apparatus of Cadent in stopped up streets

        5. 65.Protective works to buildings

        6. 66.Acquisition of land

        7. 67.Removal of apparatus

        8. 68.Facilities and rights for alternative apparatus

        9. 69.Retained apparatus: protection of Cadent

        10. 70.Expenses

        11. 71.Indemnity

        12. 72.Enactments and agreements

        13. 73.Co-operation

        14. 74.Access

        15. 75.Arbitration

        16. 76.Notices

      7. PART 7 FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED

        1. 77.Application

        2. 78.Interpretation

        3. 79.On street apparatus

        4. 80.Apparatus in stopped up streets

        5. 81.Protective works to buildings

        6. 82.Acquisition of land

        7. 83.Removal of apparatus

        8. 84.Facilities and rights for alternative apparatus

        9. 85.Retained apparatus

        10. 86.Expenses and costs

        11. 87.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 88.Cooperation

        13. 89.Where the undertaker identifies any apparatus which may belong to...

        14. 90.Nothing in this Part of this Schedule affects the provisions...

        15. 91.The undertaker and Anglian Water may by written agreement substitute...

      8. PART 8 FOR THE PROTECTION OF INTERNAL DRAINAGE BOARDS

        1. 92.The provisions of this Part have effect for the protection...

        2. 93.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 94.(1) Before beginning to construct any specified work, the undertaker...

        4. 95.Without limiting paragraph 94, the requirements which the Board may...

        5. 96.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 97.If by reason of the construction of any specified work...

        7. 98.The undertaker must compensate the Board in respect of all...

        8. 99.(1) Without limiting the other provisions of this Part, the...

        9. 100.The fact that any work or thing has been executed...

        10. 101.Any dispute between the undertaker and the Board under this...

      9. PART 9 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 102.The following provisions apply for the protection of the Agency...

        2. 103.In this Part of this Schedule— “the Agency” means the...

        3. 104.Submission and approval of plans

        4. 105.Construction of protective works

        5. 106.Timing of works and service of notices

        6. 107.Works not in accordance with this Part of this Schedule

        7. 108.Maintenance of works

        8. 109.Remediating impaired drainage work

        9. 110.Agency access

        10. 111.Free passage of fish

        11. 112.Indemnity

        12. 113.(1) The undertaker is responsible for and indemnifies the Agency...

        13. 114.Disputes

      10. PART 10 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

        3. 117.(1) Where under this Part of this Schedule Network Rail...

        4. 118.(1) The undertaker may not exercise the powers conferred by—...

        5. 119.(1) The undertaker must before commencing construction of any specified...

        6. 120.(1) Any specified work and any protective works to be...

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

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

        9. 123.(1) If any permanent or temporary alterations or additions to...

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

        11. 125.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

        13. 127.The undertaker may not provide any illumination or illuminated sign...

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

        15. 129.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

        22. 136.Any dispute arising under this Part of this Schedule, unless...

      11. PART 11 FOR THE PROTECTION OF GATE BURTON ENERGY PARK LIMITED

        1. 137.The provisions of this Part apply for the protection of...

        2. 138.In this Part of this Schedule— “apparatus” means the cables,...

        3. 139.The consent of Gate Burton under this Part is not...

        4. 140.Where conditions are included in any consent granted by Gate...

        5. 141.The undertaker may not under the powers of this Order...

        6. 142.(1) The undertaker may not under the powers of this...

        7. 143.(1) The undertaker must give to Gate Burton not less...

        8. 144.The undertaker must at all reasonable times during construction of...

        9. 145.(1) After the purpose of any temporary works has been...

        10. 146.If in consequence of the exercise of the powers conferred...

        11. 147.The undertaker may not exercise the powers conferred by this...

        12. 148.To ensure its compliance with this Part, the undertaker must...

        13. 149.The undertaker and Gate Burton must each act in good...

        14. 150.The undertaker must pay to Gate Burton the reasonable expenses...

        15. 151.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 152.Any dispute arising between the undertaker and Gate Burton under...

      12. PART 12 FOR THE PROTECTION OF WEST BURTON SOLAR PROJECT LIMITED

        1. 153.The provisions of this Part apply for the protection of...

        2. 154.In this Part of this Schedule— “apparatus” means the cables,...

        3. 155.The consent of West Burton under this Part is not...

        4. 156.Where conditions are included in any consent granted by West...

        5. 157.The undertaker may not under the powers of this Order...

        6. 158.(1) The undertaker may not under the powers of this...

        7. 159.(1) The undertaker must give to West Burton not less...

        8. 160.The undertaker must at all reasonable times during construction of...

        9. 161.(1) After the purpose of any temporary works has been...

        10. 162.If in consequence of the exercise of the powers conferred...

        11. 163.The undertaker may not exercise the powers conferred by this...

        12. 164.To ensure its compliance with this Part, the undertaker must...

        13. 165.The undertaker and West Burton must each act in good...

        14. 166.The undertaker must pay to West Burton the reasonable expenses...

        15. 167.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 168.Any dispute arising between the undertaker and West Burton under...

      13. PART 13 FOR THE PROTECTION OF THE CANAL & RIVER TRUST

        1. 169.Interpretation

        2. 170.Powers requiring the Canal & River Trust’s consent

        3. 171.Fencing

        4. 172.Survey of waterway

        5. 173.Approval of plans, protective works, etc.

        6. 174.Design of works

        7. 175.Notice of works

        8. 176.Construction of specified works

        9. 177.Prevention of pollution

        10. 178.Access to work – provision of information

        11. 179.Alterations to the waterway

        12. 180.Repayment of the Canal & River Trust’s fees, etc.

        13. 181.Making good of detriment; compensation and indemnity, etc.

        14. 182.Arbitration

        15. 183.Capitalised sums

        16. 184.As built drawings

        17. 185.Decommissioning

      14. PART 14 FOR THE PROTECTION OF UNIPER UK LIMITED

        1. 186.For the protection of Uniper as referred to in this...

        2. 187.In this Part of this Schedule— “acceptable credit provider” means...

        3. 188.Except for paragraphs 189 (apparatus of Uniper in streets subject...

        4. 189.Apparatus of Uniper in streets subject to temporary prohibition or restriction of use and public rights of way

        5. 190.Protective works to buildings

        6. 191.Acquisition of land

        7. 192.Retained apparatus

        8. 193.Removal or replacement of apparatus

        9. 194.Expenses

        10. 195.Indemnity

        11. 196.Co-operation

        12. 197.Confidentiality

        13. 198.Access

        14. 199.Arbitration

        15. 200.Notices

      15. PART 15 FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LIMITED

        1. 201.Application

        2. 202.Acquisition of apparatus

        3. 203.Removal of apparatus and rights for alternative apparatus

        4. 204.Facilities and Rights for alternative apparatus

        5. 205.Retained apparatus and alternative apparatus: protection

        6. 206.Cathodic protection testing

        7. 207.Expenses

        8. 208.Damage to property and other losses

        9. 209.Insurance

        10. 210.Co-operation and reasonableness

        11. 211.Emergency circumstances

        12. 212.Dispute Resolution

        13. 213.Miscellaneous

      16. PART 16 FOR THE PROTECTION OF LINCOLNSHIRE FIRE & RESCUE SERVICE

        1. 214.For the protection of Lincolnshire Fire and Rescue as referred...

        2. 215.Interpretation

        3. 216.Site visits

        4. 217.Costs

        5. 218.Arbitration

      17. PART 17 FOR THE PROTECTION OF TILLBRIDGE SOLAR PROJECT LIMITED

        1. 219.The provisions of this Part apply for the protection of...

        2. 220.In this Part of this Schedule— “apparatus” means the cables,...

        3. 221.The consent of Tillbridge under this Part is not required...

        4. 222.Where conditions are included in any consent granted by Tillbridge...

        5. 223.The undertaker may not under the powers of this Order...

        6. 224.(1) The undertaker may not under the powers of this...

        7. 225.(1) The undertaker must give to Tillbridge not less than...

        8. 226.The undertaker must at all reasonable times during construction of...

        9. 227.(1) After the purpose of any temporary works has been...

        10. 228.If in consequence of the exercise of the powers conferred...

        11. 229.The undertaker may not exercise the powers conferred by this...

        12. 230.To ensure its compliance with this Part, the undertaker must...

        13. 231.The undertaker and Tillbridge must each act in good faith...

        14. 232.The undertaker must pay to Tillbridge the reasonable expenses incurred...

        15. 233.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 234.Any dispute arising between the undertaker and Tillbridge under this...

      18. PART 18 FOR THE PROTECTION OF EDF ENERGY (THERMAL GENERATION) LIMITED

        1. 235.Application

        2. 236.Interpretation

        3. 237.On street apparatus

        4. 238.Apparatus of EDF in stopped up streets

        5. 239.Protective works to buildings

        6. 240.Acquisition of land

        7. 241.Removal of apparatus

        8. 242.Facilities and rights for alternative apparatus

        9. 243.Retained apparatus: protection

        10. 244.Expenses

        11. 245.Indemnity

        12. 246.Enactments and agreements

        13. 247.Co-operation

        14. 248.Access

        15. 249.Arbitration

        16. 250.Notices

      19. PART 19 FOR THE PROTECTION OF BLYTON PARK DRIVING CENTRE

        1. 251.The following provisions of this Part of this Schedule have...

        2. 252.In this Part of this Schedule— “approval” means approval given...

        3. 253.(1) The undertaker may not submit for approval by the...

        4. 254.If the Company notifies the undertaker that it intends to...

        5. 255.Any difference or dispute arising between the undertaker and the...

        6. 256.(1) Subject to sub-paragraph (2), the undertaker must pay to...

    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

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