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The Fenwick Solar Farm Order 2026

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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 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.Application of permit scheme

    3. 10.Power to alter layout, etc., of streets

    4. 11.Construction and maintenance of altered streets

    5. 12.Temporary closure of streets and public rights of way

    6. 13.Stopping up of public rights of way

    7. 14.Use of private roads

    8. 15.Access to works

    9. 16.Agreements with street authorities

    10. 17.Traffic regulation measures

  5. PART 4 SUPPLEMENTAL POWERS

    1. 18.Discharge of water

    2. 19.Protective works to buildings

    3. 20.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 21.Compulsory acquisition of land

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

    3. 23.Compulsory acquisition of rights

    4. 24.Private rights

    5. 25.Application of the 1981 Act

    6. 26.Acquisition of subsoil only

    7. 27.Power to override easements and other rights

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

    9. 29.Rights under or over streets

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

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

    12. 32.Statutory undertakers

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

    14. 34.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 35.Benefit of the Order

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

    3. 37.Application of landlord and tenant law

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

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

    6. 40.Trees subject to tree preservation orders

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

    8. 42.No double recovery

    9. 43.Arbitration

    10. 44.Protective provisions

    11. 45.Service of notices

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

    13. 47.Guarantees in respect of payment of compensation

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

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.Interpretation

      2. 2.Authorised development

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Commencement of the authorised development

      2. 2.Notice of date of final commissioning

      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.Biodiversity net gain

      9. 9.Fencing and other means of enclosure

      10. 10.Surface and foul water drainage

      11. 11.Archaeology

      12. 12.Construction environmental management plan

      13. 13.Operational environmental management plan

      14. 14.Construction traffic management plan

      15. 15.Operational noise

      16. 16.Soil management plan

      17. 17.Skills, supply chain and employment

      18. 18.Public rights of way

      19. 19.Decommissioning and restoration

      20. 20.Requirement for written approval

    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

      STREETS AND PUBLIC RIGHTS OF WAY

      1. PART 1 STREETS TO BE TEMPORARILY CLOSED (SINGLE LANE CLOSURES / STREET CLOSURE)

      2. PART 2 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED

      3. PART 3 PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY

      4. PART 4 TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY

      5. PART 5 TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

      6. PART 6 STOPPING UP AND DIVERSION OF PUBLIC RIGHTS OF WAY

    7. SCHEDULE 7

      MEANS OF ACCESS TO WORKS

      1. PART 1 PERMANENT MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY MEANS OF ACCESS TO WORKS

    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 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

      DOCUMENTS AND PLANS TO BE CERTIFIED

      1. PART 1 DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

      2. PART 2 EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

      3. PART 3 OTHER DOCUMENTS TO BE CERTIFIED

    13. SCHEDULE 13

      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

    14. SCHEDULE 14

      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 32 (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 DRAINAGE AUTHORITIES

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

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

        3. 20.(1) Before commencing construction of a specified work, the undertaker...

        4. 21.Without limiting the scope of paragraph 20, the requirements which...

        5. 22.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 23.(1) Subject to sub-paragraph (5), the undertaker must from the...

        7. 24.If by reason of the construction of a specified work...

        8. 25.If by reason of the construction of the specified work...

        9. 26.The undertaker must make reasonable compensation for costs, charges and...

        10. 27.(1) The undertaker must make reasonable compensation for liabilities, costs...

        11. 28.Any dispute arising between the undertaker and the drainage authority...

      4. PART 4 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

        3. 31.(1) Where under this Part of this Schedule Network Rail...

        4. 32.(1) The undertaker must not exercise the powers conferred by—...

        5. 33.(1) The undertaker must before commencing construction of any specified...

        6. 34.(1) Any specified work and any protective works to be...

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

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

        9. 37.(1) If any permanent or temporary alterations or additions to...

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

        11. 39.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 43.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

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

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 51.(1) The following provisions apply for the protection of the...

        2. 52.Submission and approval of plans

        3. 53.Construction of protective works

        4. 54.Timing of works and service of notices

        5. 55.Works not in accordance with this Schedule

        6. 56.Maintenance of works

        7. 57.Remediating impaired drainage work

        8. 58.Agency access

        9. 59.Free passage of fish

        10. 60.Indemnity

        11. 61.(1) The undertaker is responsible for and indemnifies the Agency...

        12. 62.Disputes

      6. PART 6 FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD

        1. 63.Application

        2. 64.Interpretation

        3. 65.Acquisition of Apparatus

        4. 66.Prior to the carrying out of any Restricted Works or...

        5. 67.(1) Where the undertaker acquires land which is subject to...

        6. 68.Removal of Apparatus and Rights for Alternative Apparatus

        7. 69.Facilities and Rights for Alternative Apparatus

        8. 70.Retained Apparatus and Alternative Apparatus: protection

        9. 71.Cathodic protection testing

        10. 72.Expenses

        11. 73.Damage to property and other losses

        12. 74.(1) Nothing in paragraph 73, imposes any liability on the...

        13. 75.Insurance

        14. 76.Co-operation and reasonableness

        15. 77.Emergency circumstances

        16. 78.Dispute resolution

        17. 79.Miscellaneous

      7. PART 7 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 80.Application

        2. 81.Interpretation

        3. 82.National Grid Connection Works

        4. 83.(1) Before beginning to construct any National Grid Connection Works,...

        5. 84.The undertaker must give to National Grid Electricity Transmission Plc...

        6. 85.(1) If any part of the National Grid Connection Works...

        7. 86.On Street Apparatus

        8. 87.Apparatus of National Grid Electricity Transmission Plc in stopped up and temporarily closed streets

        9. 88.Protective works to buildings

        10. 89.Acquisition of land

        11. 90.Removal of apparatus

        12. 91.Facilities and rights for alternative apparatus

        13. 92.Retained apparatus: protection

        14. 93.Expenses

        15. 94.Indemnity

        16. 95.Enactments and agreements

        17. 96.Co-operation

        18. 97.Access

        19. 98.Arbitration

        20. 99.Notices

      8. PART 8 FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC

        1. 100.For the protection of Northern Powergrid (Yorkshire) Plc the following...

        2. 101.In this Part of this Schedule— “1991 Act” means the...

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

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

        5. 104.Regardless of any provision in the Order or anything shown...

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

        7. 106.(1) If, in the exercise of the powers conferred by...

        8. 107.(1) Where, in accordance with the provisions of this Part...

        9. 108.(1) Not less than 56 days before starting the execution...

        10. 109.(1) Subject to the following provisions of this paragraph, the...

        11. 110.(1) Subject to sub-paragraph (2) and (3), if by reason...

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

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

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

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

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

        17. 116.Prior to carrying out any works within the Order limits,...

        18. 117.Where practicable, the Undertaker and Northern Powergrid will make reasonable...

    15. SCHEDULE 15

      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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