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The Heckington Fen Solar Park Order 2025

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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 authorised development

    4. 6.Application and modification of legislative 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.Agreement with street authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 14.Discharge of water

    2. 15.Protective works to buildings

    3. 16.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 17.Compulsory acquisition of land

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

    3. 19.Compulsory acquisition of rights

    4. 20.Private rights

    5. 21.Application of the 1981 Act

    6. 22.Acquisition of subsoil only

    7. 23.Power to override easements and other rights

    8. 24.Modification of Part 1 of the 1965 Act

    9. 25.Rights under or over streets

    10. 26.Temporary use of land for carrying out the authorised development

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

    12. 28.Statutory undertakers

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

    14. 30.Recovery of costs of new connections

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 31.Benefit of the Order

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

    3. 33.Application of landlord and tenant law

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

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

    6. 36.Trees subject to tree preservation orders

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

    8. 38.Arbitration

    9. 39.Protective Provisions

    10. 40.Service of notices

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

    12. 42.Guarantees in respect of payment of compensation

    13. 43.Crown Rights

    14. 44.NGET extension works

  8. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. 1.In this Schedule— “community orchard” means a new orchard within...

      2. 2.In the Districts of North Kesteven and Boston in the...

      3. Associated Development

      4. Work No. 2— an energy storage facility comprising—

      5. Work No. 3— reception areas, temporary cabins, construction compounds and...

      6. Work No. 4— an onsite substation and works in connection...

      7. Work No. 5— works to lay electrical cables between Work...

      8. Work No. 5A— works to lay electrical cables from Work...

      9. Work No. 5B— works to lay electrical cables from Work...

      10. Work No. 6A— creation of a new generation bay and...

      11. Work No. 6B— an extension to the existing substation, including—...

      12. Work No. 6C— works in connection with the extension to...

      13. Work No. 7— two temporary laydown areas in connection with...

      14. Work No. 8— works to create and maintain a permanent...

      15. Work No. 9A— works to create, enhance and maintain green...

      16. Work No. 9B— works to create a permissive path, including...

      17. Work No. 9C— works to create a community orchard.

      18. Work No. 10— works to existing streets to facilitate access...

      19. Further Associated Development

      20. and further associated development comprising such other works or operations...

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Commencement of the authorised development

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

      4. 4.Requirement for written approval

      5. 5.Approved details and amendments to them

      6. 6.Detailed design approval

      7. 7.Fire safety management

      8. 8.Landscape ecological management plan

      9. 9.Implementation and maintenance of landscaping

      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.Construction traffic management plan

      15. 15.Operational noise

      16. 16.Supply chain, employment and skills

      17. 17.Permissive path

      18. 18.Decommissioning and restoration

      19. 19.Operational Environmental Management Plan

      20. 20.Soil Management Plan

      21. 21.Community Orchard

    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 LAYOUT OF STREETS

      1. PART 1 PERMANENT ALTERATION OF LAYOUT OF STREETS

      2. PART 2 TEMPORARY ALTERATION OF LAYOUT OF STREETS

    6. SCHEDULE 6

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

    7. SCHEDULE 7

      ACCESS TO WORKS

      1. PART 1 PERMANENT MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY MEANS OF ACCESS TO WORKS

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

      1. 1.Interpretation

    9. SCHEDULE 9

      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 sub-paragraph (4)(a) are as...

    10. SCHEDULE 10

      HEDGEROWS TO BE REMOVED

    11. SCHEDULE 11

      DOCUMENTS AND PLANS TO BE CERTIFIED

    12. SCHEDULE 12

      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

    13. SCHEDULE 13

      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.Precedence of the 1991 Act in respect of apparatus in the streets

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

        5. 5.No acquisition etc. except by agreement

        6. 6.Removal of apparatus

        7. 7.Facilities and rights for alternative apparatus

        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.Expenses and costs

        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 28 (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 ANGLIAN WATER

        1. 17.Application

        2. 18.Interpretation

        3. 19.Protective works to buildings

        4. 20.Acquisition of land

        5. 21.Removal of apparatus

        6. 22.Facilities and rights for alternative apparatus

        7. 23.Retained apparatus

        8. 24.Expenses and costs

        9. 25.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 26.Cooperation

        11. 27.Where the undertaker identifies any apparatus which may belong to...

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

        13. 29.The undertaker and Anglian Water may by written agreement substitute...

      4. PART 4 FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

        1. 30.Application

        2. 31.Interpretation

        3. 32.On Street Apparatus

        4. 33.Protective works to buildings

        5. 34.Acquisition of land

        6. 35.Removal of apparatus

        7. 36.Facilities and rights for alternative apparatus

        8. 37.Retained apparatus: protection

        9. 38.Expenses

        10. 39.Indemnity

        11. 40.Enactments and agreements

        12. 41.Co-operation

        13. 42.Access

        14. 43.Arbitration

        15. 44.Notices

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 45.(1) The following provisions apply for the protection of the...

        2. 46.Submission and approval of plans

        3. 47.Construction of protective works

        4. 48.Timing of works and service of notices

        5. 49.Works not in accordance with this Schedule

        6. 50.Maintenance of works

        7. 51.Remediating impaired drainage work

        8. 52.Agency access

        9. 53.Free passage of fish

        10. 54.Indemnity

        11. 55.(1) The undertaker is responsible for and indemnifies the Agency...

        12. 56.Disputes

      6. PART 6 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 57.Application

        2. 58.Interpretation

        3. 59.On Street Apparatus

        4. 60.Protective works to buildings

        5. 61.Acquisition of land

        6. 62.Removal of apparatus

        7. 63.Facilities and rights for alternative apparatus

        8. 64.Retained apparatus: protection

        9. 65.Expenses

        10. 66.Indemnity

        11. 67.Enactments and agreements

        12. 68.Co-operation

        13. 69.Access

        14. 70.Arbitration

        15. 71.Notices

      7. PART 7 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

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

        2. 73.In this Part— “authorised development” has the same meaning as...

        3. 74.(1) Before commencing construction of a specified work, the undertaker...

        4. 75.Without limiting the scope of paragraph 74, the requirements which...

        5. 76.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 77.(1) Subject to sub-paragraph (5), the undertaker must from the...

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

        8. 79.The undertaker must pay reasonable compensation to the drainage authority...

        9. 80.(1) The undertaker must pay reasonable compensation to the drainage...

        10. 81.Any dispute arising between the undertaker and the drainage authority...

      8. PART 8 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

        3. 84.(1) Where under this Part of this Schedule Network Rail...

        4. 85.(1) The undertaker must not exercise the powers conferred by—...

        5. 86.(1) The undertaker must before commencing construction of any specified...

        6. 87.(1) Any specified work and any protective works to be...

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

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

        9. 90.(1) If any permanent or temporary alterations or additions to...

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

        11. 92.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 96.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

        22. 103.Any dispute arising under this Part of this Schedule must,...

      9. PART 9 FOR THE PROTECTION OF LINCOLNSHIRE FIRE AND RESCUE

        1. 104.Interpretation

        2. 105.Site visits

        3. 106.Costs

        4. 107.Arbitration

      10. PART 10 FOR THE PROTECTION OF NATIONAL GRID VIKING LINK LIMITED

        1. 108.Application

        2. 109.Interpretation

        3. 110.On Street Apparatus

        4. 111.Protective works to buildings

        5. 112.Acquisition of land

        6. 113.Apparatus: protection

        7. 114.Expenses

        8. 115.Indemnity

        9. 116.Enactments and agreements

        10. 117.Co-operation

        11. 118.Access

        12. 119.Arbitration

        13. 120.Notices

      11. PART 11 FOR THE PROTECTION OF BEACON FEN ENERGY PARK LIMITED

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

        2. 122.In this Part— “Beacon Fen” means Beacon Fen Energy Park...

        3. 123.The undertaker does not need to comply with the obligations...

        4. 124.The undertaker must consult with Beacon Fen in the formulation...

        5. 125.The undertaker and Beacon Fen must act in good faith...

        6. 126.The undertaker must give to Beacon Fen not less than...

        7. 127.The undertaker must at all reasonable times during construction of...

        8. 128.In the event that Beacon Fen notifies the undertaker that...

        9. 129.Any difference or dispute arising between Beacon Fen and the...

      12. PART 12 FOR THE PROTECTION OF TRITON KNOLL OFTO LIMITED

        1. 130.Application

        2. 131.Interpretation

        3. 132.On Street Apparatus

        4. 133.Protective works to buildings

        5. 134.Acquisition of land

        6. 135.Removal of apparatus

        7. 136.Facilities and rights for alternative apparatus

        8. 137.Retained apparatus: protection

        9. 138.Expenses

        10. 139.Indemnity

        11. 140.Enactments and agreements

        12. 141.Co-operation

        13. 142.Access

        14. 143.Arbitration

        15. 144.Notices

    14. SCHEDULE 14

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS

      1. 1.Interpretation

      2. 2.Applications made under provisions of this Order

      3. 3.Further information and consultation

      4. 4.Appeals

      5. 5.Fees

  10. Explanatory Note

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