PART 1

PRELIMINARY

Interpretation
2
1
In this Order except where provided otherwise—
- “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 1984 Act” means the Road Traffic Regulation Act 1984 ;
- “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 2008 Act” means the Planning Act 2008 ;
- “address” includes any number or address for the purposes of electronic transmission;
- “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protective test posts, field boundary markers, transformer rectifier kiosks, electrical cables, telecommunications equipment and electricity cabinets;
- “authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 of the 2008 Act;
- “balance of solar plant” means string inverters attached either to mounting structures or a ground mounted frame, and transformers on a concrete foundation slab;
- “battery energy storage” means equipment used for the storage of electrical energy by battery;
- “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 in accordance with article 34 (certification of plans, etc);
- “building” includes any structure or erection or any part of a building, structure or erection;
- “cable circuit” 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;
- “CCTV” means a closed circuit television security system;
- “commence” means to carry out any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than the site preparation works (except where stated to the contrary), and “commencement”, “commenced” and “commencing” are to be construed accordingly;
- “commissioning” means the process of testing all systems and components of Work No. 1 in order to ensure that they, and the authorised development as a whole, function in accordance with plant design specifications and the undertaker’s operational and safety requirement;
- “construction compound” means a compound including central offices, welfare facilities, accommodation facilities, storage and parking for construction of the authorised development and other associated facilities;
- “date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;
- “design parameters” means the principles and assessments set out in the environmental statement and table 4.2 of the environmental statement (design parameters used in the EIA);
- “design statement” means the document certified by the Secretary of State as the design statement for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “electronic transmission” means a communication transmitted—
  1. by means of an electronic communications network; or
  2. by other means but while in electronic form;
- “environmental statement” means the document certified by the Secretary of State as the environmental statement for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act) ;
- “highway” and “highway authority” have the same meaning as in the 1980 Act ;
- “Important Hedgerows Plan” means the plan identifying hedgerows and important hedgerows and certified by the Secretary of State for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “inverter” means electrical equipment required to convert direct current power generated by the solar panels to alternating current power;
- “land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “local planning authority” means the local planning authority (as defined in section 336 of the 1990 Act) for the area to which the provision relates;
- “maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development, provided these do not give rise to any materially new or materially different environmental effects compared to those identified in the environmental statement, and “maintenance” and “maintaining” are to be construed accordingly;
- “mounting structure” means a frame or rack with posts made of galvanised steel or other material pushed into the ground to support the solar panels;
- “Order land” means the land which is required for, or is required to facilitate, or is incidental to, the authorised development as shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;
- “Order limits” means the limits shown on the land plans within which the authorised development may be carried out and land acquired or used;
- “outline BSMP” means the plan certified by the Secretary of State as the outline battery safety management plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “outline CEMP” means the document certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “outline CTMP” means the document certified by the Secretary of State as the outline construction traffic management plan for the purposes of the Order in accordance with article 34 (certification of plans, etc);
- “outline decommissioning environmental management plan” means the document certified by the Secretary of State as the decommissioning environmental management plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “outline LEMP” means the document certified by the Secretary of State as the outline landscape and ecological management plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “outline OEMP” means the document certified by the Secretary of State as the outline operational environmental management plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “outline skills, supply chain and employment plan” means the document certified by the Secretary of State as the outline skills, supply chain and employment plan for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ;
- “permissive path” means the new access track providing restricted public access within Work No. 10 as shown on the works plans;
- “plot” means any plot as may be identified by reference to a number and which is listed in the book of reference and shown on the land plans;
- “requirements” means those matters set out in Part 2 of Schedule 1 (requirements) and any reference to a numbered requirement is to be construed accordingly;
- “site preparation works” means all or any of—
  1. environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions;
  2. demolition of buildings and removal of plant and machinery;
  3. above ground site preparation for temporary facilities for the use of contractors;
  4. remedial work in respect of any contamination or other adverse ground conditions;
  5. diversion and laying of services;
  6. the provision of temporary means of enclosure and site security for construction;
  7. the temporary display of site notices or advertisements; or
  8. site clearance (including vegetation removal, demolition of existing buildings and structures);
- “solar panel” means a solar photovoltaic panel designed to convert solar irradiance to direct current electrical energy fitted to a mounted structure;
- “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of chapter 1) of the Communications Act 2003 ;
- “street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act ;
- “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 any footpath or part of a street;
- “streets, access and rights of way plan” means the plan certified as the streets, access and rights of way plan by the Secretary of State for the purposes of this Order in accordance with article 34 (certification of plans, etc);
- “subsidiary” has the same meaning as in section 1159 of the Companies Act 2006 ;
- “substation” means a compound containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation with welfare facilities, means of access and other associated facilities;
- “traffic authority” has the same meaning as in section 121A (traffic authorities) of the Road Traffic Regulation Act 1984 ;
- “transformer” means a structure containing electrical switch gear serving to transform electricity generated by the solar panels and imported and exported by the batteries to a higher voltage;
- “undertaker” means Oaklands Farm Solar Limited (company number 12915335) whose registered office is at 22 Chancery Lane, London WC2A 1LS;
- “Upper Tribunal” means the Lands Chamber of the Upper Tribunal;
- “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
- “work” means a work set out in Part 1 of Schedule 1 (authorised development);
- “working day” means any day other a Saturday, Sunday or English bank or public holiday; and
- “works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order in accordance with article 34 (certification of plans, etc).
2
All distances, directions, capacities and lengths referred to in this Order are approximate and distances between lines or points on a numbered work comprised in the authorised development and shown on the works plan and streets, access and rights of way plan are to be taken to be measured along that work.
3
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.
4
In this Order “includes” must be construed without limitation unless the contrary intention appears.
5
References in this Order to any statutory body include that body’s successor bodies.
6
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 airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.
7
All areas described in square metres in the book of reference are approximate.
1961 c. 33.
1965 c. 56.
1980 c. 66.
1981 c. 66.
1984 c. 27.
1989 c. 29.
1990 c. 8.
1991 c. 22. Section 48(3A) 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).
2008 c. 29.
“footpath” and “footway” are defined in section 329(1).
“highway” is defined in section 328 (1). For “highway authority” see section 1.
1981 c. 67.
2003 c. 21.
“street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).
2006 c. 46.
1984 c. 27.
Art. 2 in force at 11.7.2025, see art. 1