Search Legislation

Advanced Search

The Longfield Solar Farm Order 2023

Changes to legislation:

There are currently no known outstanding effects for the The Longfield Solar Farm Order 2023. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  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 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 closure of public rights of way

    5. 12.Access to works

    6. 13.Agreements with street authorities

    7. 14.Traffic regulation measures

  5. PART 4 SUPPLEMENTAL POWERS

    1. 15.Discharge of water

    2. 16.Protective works to buildings

    3. 17.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

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

    3. 20.Compulsory acquisition of rights

    4. 21.Private rights

    5. 22.Application of the 1981 Act

    6. 23.Acquisition of subsoil only

    7. 24.Power to override easements and other rights

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

    9. 26.Rights under or over streets

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

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

    12. 29.Statutory undertakers

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

    14. 31.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 32.Benefit of the Order

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

    3. 34.Application of landlord and tenant law

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

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

    6. 37.Trees subject to tree preservation orders

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

    8. 39.Arbitration

    9. 40.Protective Provisions

    10. 41.Service of notices

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

    12. 43.Guarantees in respect of payment of compensation

    13. 44.Compulsory acquisition of land – incorporation of the mineral code

  8. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.Interpretation

      2. 2.Authorised development

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. PART 1 GENERAL REQUIREMENTS

        1. 2.Commencement of the authorised development

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

        3. 4.Requirement for written approval

        4. 5.Approved details and amendments to them

        5. 6.Community liaison group

      3. PART 2 SOLAR FARM WORKS AND GRID CONNECTION WORKS

        1. 7.Detailed design approval

        2. 8.Battery safety management

        3. 9.Landscape and ecological management plan

        4. 10.Fencing and other means of enclosure

        5. 11.Surface and foul water drainage

        6. 12.Archaeology

        7. 13.Construction environmental management plan

        8. 14.Operational environmental management plan

        9. 15.Construction traffic management plan

        10. 16.Operational noise

        11. 17.Permissive paths

        12. 18.Public rights of way diversions

        13. 19.Soils Management

        14. 20.Decommissioning and restoration

        15. 21.Highway improvements

      4. PART 3 BULLS LODGE SUBSTATION WORKS

        1. 22.Detailed design approval

        2. 23.Fencing and other means of enclosure

        3. 24.Surface and foul water drainage

        4. 25.Archaeology

        5. 26.Construction environmental management plan

        6. 27.Construction traffic management plan

        7. 28.Soils Management

        8. 29.Operational environmental management plan

    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 AND MAINTAINED BY THE HIGHWAY AUTHORITY

      2. PART 2 PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE STREET AUTHORITY

      3. PART 3 TEMPORARY ALTERATION OF LAYOUT

    6. SCHEDULE 6

      PUBLIC RIGHTS OF WAY

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

      2. PART 2 PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY

      3. PART 3 TEMPORARY MANAGEMENT OF PUBLIC RIGHT OF WAY

    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

      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 to 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

    13. SCHEDULE 13

      DOCUMENTS AND PLANS TO BE CERTIFIED

    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.(1) For the protection of any operator, the following provisions...

        2. 13.The exercise of the powers of article 29 (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...

      3. PART 3 FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC AND UK POWER NETWORKS LIMITED

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

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

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

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

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

        6. 22.(1) If, in the exercise of the powers conferred by...

        7. 23.(1) Where, in accordance with the provisions of this Part...

        8. 24.(1) Not less than 28 days before starting the execution...

        9. 25.(1) Subject to the following provisions of this paragraph, the...

        10. 26.(1) Subject to sub-paragraphs (2) and (3), if by reason...

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

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

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

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. 30.Application

        2. 31.Interpretation

        3. 32.On Street Apparatus

        4. 33.Apparatus of National Grid in streets subject to temporary closure

        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 electricity undertaker

        10. 39.Expenses

        11. 40.Indemnity

        12. 41.Enactments and agreements

        13. 42.Co-operation

        14. 43.Access

        15. 44.Arbitration

        16. 45.Notices

        17. 46.Agreement of 18th January 2023

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 47.(1) The following provisions apply for the protection of the...

        2. 48.Submission and approval of plans

        3. 49.Construction of protective works

        4. 50.Timing of works and service of notices

        5. 51.Works not in accordance with this Schedule

        6. 52.Maintenance of works

        7. 53.Remediating impaired drainage work

        8. 54.Agency access

        9. 55.Free passage of fish

        10. 56.Indemnity

        11. 57.(1) The undertaker is responsible for and indemnifies the Agency...

        12. 58.Disputes

      6. PART 6 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

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

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

        3. 61.(1) Before commencing construction of a specified work, the undertaker...

        4. 62.Without limiting the scope of paragraph 61, the requirements which...

        5. 63.(1) Subject to sub-paragraph (2), any specified work, and all...

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

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

        8. 66.(1) The undertaker must make reasonable compensation for liabilities, costs...

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

      7. PART 7 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

        3. 70.(1) Where under this Part of this Schedule Network Rail...

        4. 71.(1) The undertaker must not exercise the powers conferred by—...

        5. 72.(1) The undertaker must before commencing construction of any specified...

        6. 73.(1) Any specified work and any protective works to be...

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

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

        9. 76.(1) If any permanent or temporary alterations or additions to...

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

        11. 78.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 82.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

      8. PART 8 FOR THE PROTECTION OF ESSEX COUNTY COUNCIL

        1. 89.The provisions in this Part of this Schedule have effect...

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

        3. 91.(1) Before beginning to construct any specified work in relation...

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

        5. 93.(1) Subject to sub-paragraph (2), any specified work, and all...

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

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

        8. 96.(1) The undertaker must make reasonable compensation for liabilities, costs...

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

      9. PART 9 FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

        1. 98.For the protection of Essex and Suffolk Water, the following...

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

        3. 100.Retained apparatus

        4. 101.Without limiting the scope of paragraph 100, the requirements which...

        5. 102.(1) Subject to sub-paragraph (2), any specified work, and all...

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

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

        8. 105.Removal of apparatus

        9. 106.(1) Where, in accordance with the provisions of this part...

        10. 107.(1) Subject to the following provisions of this paragraph, the...

        11. 108.Costs

        12. 109.Other

        13. 110.Any dispute arising between the undertaker and ESW under this...

        14. 111.If in consequence of the exercise of the powers conferred...

      10. PART 10 FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE TRUST

        1. 112.Application

        2. 113.Site familiarisation

        3. 114.Arbitration

    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

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources