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The Mallard Pass Solar Farm Order 2024

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Statutory Instruments

2024 No. 796

Infrastructure Planning

The Mallard Pass Solar Farm Order 2024

Made

12th July 2024

Coming into force

3rd August 2024

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)(1) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) for an order granting development consent.

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the Infrastructure Planning (Examination Procedure) Rules 2010(3).

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)(4) of the 2008 Act made a report and recommendation to the Secretary of State.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(5) and had regard to the documents and matters referred to in section 105(2)(6) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order giving development consent for the development described in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114(7), 115(8), 120(9), 122(10) 123(11) and 140 of the 2008 Act, makes the following Order.

(1)

2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

(4)

As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

(6)

Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011.

(7)

As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

(8)

As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

(9)

As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

(10)

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

(11)

Ibid.

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