The Cleve Hill Solar Park Order 2020 No. 547

PART 7 U.K. MISCELLANEOUS AND GENERAL

Application of landlord and tenant law U.K.

30.—(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants may prejudice the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law to which paragraph applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Commencement Information

I1 Art. 30 in force at 19.6.2020, see art. 1

Operational land for purposes of the 1990 Act U.K.

31.  Development consent granted by this Order is treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Commencement Information

I2 Art. 31 in force at 19.6.2020, see art. 1

Felling or lopping of trees U.K.

32.—(1) The undertaker may fell or lop any tree or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person's entitlement to compensation under paragraph , or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

Commencement Information

I3 Art. 32 in force at 19.6.2020, see art. 1

Trees subject to tree preservation orders U.K.

33.—(1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person's entitlement to compensation under paragraph , or as to the amount of compensation, will be determined under Part 1 of the 1961 Act.

Commencement Information

I4 Art. 33 in force at 19.6.2020, see art. 1

Certification of plans and documents, etc. U.K.

34.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the book of reference;

(b) the Crown land plan;

(c) the environmental statement;

(d) the land plans;

(e) the location, order limits and grid coordinates plans;

(f) the outline battery safety management plan;

(g) the outline construction environmental management plan;

(h) the outline decommissioning and restoration plan;

(i) the outline design principles;

(j) the outline landscape and biodiversity management plan;

(k) the outline special protection area construction noise management plan;

(l) outline skills, supply chain and employment plan;

(m) the outline written scheme of investigation;

(n) the rights of way plan;

(o) the special category land plan – open space;

(p) the statutory / non-statutory nature conservation designations plan;

(q) the statutory / non-statutory historic environment designations plan;

(r) the streets and access plan;

(s) the water bodies in a river basin management plan[F1 , plan]; and

(t) the works plan;

for certification that they are true copies of those plans and documents.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Textual Amendments

F1 Word in art. 34(1)(s) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

Commencement Information

I5 Art. 34 in force at 19.6.2020, see art. 1

Arbitration U.K.

35.—(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 9 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

Commencement Information

I6 Art. 35 in force at 19.6.2020, see art. 1

Requirements, appeals, etc. U.K.

36.—(1) Where an application is made to, or a request is made of, the relevant planning authority or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

(2) Part 3 (procedure for discharge of requirements) of Schedule 1 has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements included in Part 2 of that Schedule.

Commencement Information

I7 Art. 36 in force at 19.6.2020, see art. 1

Crown rights U.K.

37.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee to take possession of, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.

Commencement Information

I8 Art. 37 in force at 19.6.2020, see art. 1

Protective provisions U.K.

38.  Schedule 7 (protective provisions) has effect.

Commencement Information

I9 Art. 38 in force at 19.6.2020, see art. 1

Funding U.K.

39.—(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph in relation to any Order land unless it has first put in place either—

(a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) [F2 in relation to that land]; or

(b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) [F3 in relation to that land].

(2) The provisions are—

(a) article 16 (compulsory acquisition of land);

(b) article 18 (compulsory acquisition of rights);

(c) article 19 (private rights);

(d) article 21 (acquisition of subsoil only);

(e) article 23 (rights under or over streets);

(f) article 24 (temporary use of land for carrying out the authorised development);

(g) article 25 (temporary use of land for maintaining the authorised development); and

(h) article 26 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Textual Amendments

F2 Words in art. 39(1)(a) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

F3 Words in art. 39(1)(b) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

Commencement Information

I10 Art. 39 in force at 19.6.2020, see art. 1