PART 1

PRELIMINARY

Interpretation
2
1
In this Order—
- “the 1961 Act” means the Land Compensation Act 1961 ;
- “the 1965 Act” means the Compulsory Purchase Act 1965 ;
- “the 1980 Act” means the Highways Act 1980 ;
- “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981 ;
- “the 1989 Act” means the Electricity Act 1989 ;
- “the 1990 Act” means the Town and Country Planning Act 1990 ;
- “the 1991 Act” means the New Roads and Street Works Act 1991 ;
- “the 2004 Act” means the Energy Act 2004 ;
- “the 2008 Act” means the Planning Act 2008 ;
- “the 2009 Act” means the Marine and Coastal Access Act 2009 ;
- “authorised development” means the development and associated development described in Part 1 of Schedule 1;
- “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of the Order under article 34 (certification of plans and documents, etc.);
- “cable circuits” means an electrical conductor necessary to transmit electricity between two points within the authorised development and may include one or more auxiliary cables for the purpose of gathering monitoring data;
- “cable systems” means an electrical conductor comprising a single 400 kilovolt circuit with three conducting cores or similar equivalent design;
- “CCTV” means a closed circuit television security system;
- “commence”, means, (a) in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licence, save for pre-construction monitoring surveys approved under the deemed marine licence and (b) in respect of any other works comprised in the authorised development, save for site preparation works, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development and the words “commencement” and “commenced” must be construed accordingly;
- “construction compound” means a compound including central offices, welfare facilities, accommodation facilities, and storage for construction of the authorised development;
- “energy storage” means equipment used for the storage of electrical energy;
- “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.) as supplemented by the documents set out in Schedule 10;
- “existing access road” means the existing access road between the existing substation and Seasalter Road;
- “existing flood defence” means the existing bund and integrated infrastructure located beneath the path known as the Saxon Shore Way and on the north and west boundaries of the authorised development in Work No. 9;
- “existing overhead line” means an 11kilovolt overhead line owned and operated by UK Power Networks plc located to the south west of Cleve Hill within the Order limits;
- “existing substation” means the existing substation at Cleve Hill Faversham ME13 9EF owned and operated by National Grid Electricity Transmission plc;
- “highway” and “highway authority” have the same meaning as in the 1980 Act ;
- “inverter” means electrical equipment fitted to mounting structures required to convert direct current power generated by the solar modules to alternating current;
- “land plan” means the plan or plans certified as the land plan or plans by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “the location, order limits and grid coordinates plan” means the plan certified as the location, order limits and grid coordinates plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “maintain” includes inspect, upkeep, repair, adjust, alter, remove, reconstruct and replace to the extent assessed in the environmental statement; and “maintenance” must be construed accordingly;
- “MHWS” means the highest level which spring tides reach on average over a period of time;
- “MMO” means the Marine Management Organisation, Lancaster House. Hampshire Court. Newcastle upon Tyne, NE4 7YH;
- “mounting structure” means a frame or rack made of galvanised steel or other material designed to support the solar modules and inverters and mounted in piles driven into the ground;
- “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;
- “the Order limits” means the limits shown on the land plans and works plan within which the authorised development may be carried out and land acquired or used;
- “outline battery safety management plan” means the document certified as the outline battery safety management plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.) and which sets out the battery safety management principles to be included in the battery safety management plan pursuant to Requirement 3 of Schedule 1, Part 2;
- “outline construction environmental management plan” means the document certified as the outline construction environmental management plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline decommissioning and restoration plan” means the document certified as the outline decommissioning and restoration plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline design principles” means the document certified as the outline design principles by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline ecological management plan” means the document certified as the outline ecological management plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline landscape and biodiversity management plan” means the document certified as the outline landscape and biodiversity management plan by the Secretary of State for the purposes of this Order under article (certification of plans and documents, etc.);
- “outline skills, supply chain and employment plan” means the document certified as the outline skills, supply chain and employment plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline special protection area construction noise management plan” means the document certified as the outline special protection area construction noise management plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “outline written scheme of investigation” means the document certified as the outline written scheme of investigation by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “permissive paths” means new access tracks providing restricted public access within the Order limits along the route shown on the rights of way plan;
- “relevant planning authority” means the planning authority for the area to which the provision relates;
- “requirements” means those matters set out in Part 2 of Schedule 1 (requirements) to this Order;
- “rights of way plan” means the plan certified as the rights of way plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “site preparation works” means operations consisting of pre-construction surveys and/or monitoring, site clearance, demolition work, archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements;
- “solar module” means a solar photovoltaic panel designed to convert solar irradiance to electrical energy fitted to mounting structures;
- “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
- “streets and access plan” means the plan certified as the streets and access plan by the Secretary of State for the purposes of this Order under article 34 (certification of plans and documents, etc.);
- “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act ;
- “substation” means a compound, containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation, with welfare facilities, external landscaping and means of access;
- “transformer” means a structure containing electrical switch gear serving to transform electricity generated by the solar modules to a higher voltage;
- “undertaker” means Cleve Hill Solar Park Limited (company number 08904850);
- “watercourse” has the meaning given in the Land Drainage Act 1991 ; and
- “works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order under article 34 (certification of plans and documents, etc.).
2
References in this Order to rights over land include references to rights to do or restrain or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.
3
All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.
4
Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.
5
Unless otherwise stated, references in this Order to points identified by letters are to be construed as references to the points so lettered on the works plan.
6
The expression “includes” is to be construed without limitation unless the contrary intention appears.
1961 c.33.
1965 c.56.
1980 c.66.
1981 c.66.
1989 c.29.
1990 c.8.
1991 c.22. Section 48(sA) was inserted by
section 124 of the Local Transport Act 2008 (C.26). Sections 78(4), 80(4),
and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic
Management Act 2004 (c.18).
2004 c.20.
2008 c.29.
2009 c.23.
“highway” is defined in section 328(1) for “highway authority” see section
1.
“street authority” is defined in section 49, which was amended by
paragraph 117 of Schedule 1 to the Infrastructure Act (c.7).
1991 c.59
,
section 72(1)
.
Art. 2 in force at 19.6.2020, see art. 1
Words in art. 2(2) substituted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.