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The Oaklands Farm 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.Power to maintain the authorised development

    3. 5.Consent to transfer benefit of Order

    4. 6.Disapplication 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.Access to works

    4. 11.Temporary closure of public rights of way

    5. 12.Agreements with street authorities

    6. 13.Traffic regulation measures

  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 Compulsory Purchase Act 1965

    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 authorised development

    12. 28.Statutory undertakers

    13. 29.Apparatus and rights of statutory undertakers in temporarily closed streets

    14. 30.Recovery of costs of new connections

    15. 31.Compulsory acquisition of land – incorporation of the mineral code

  7. PART 6 OPERATIONS

    1. 32.Operation of generating station

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 33.Operational land for the purposes of the 1990 Act

    2. 34.Certification of plans, etc.

    3. 35.Service of notices

    4. 36.Felling or lopping of trees or removal of hedgerows

    5. 37.Trees subject to tree preservation orders

    6. 38.Arbitration

    7. 39.Requirements, appeals, etc.

    8. 40.Application of landlord and tenant law

    9. 41.Protective provisions

    10. 42.Funding

  9. Signature

    1. SCHEDULE 1

      1. PART 1 AUTHORISED DEVELOPMENT

        1. 1.In the administrative area of Derbyshire the construction, operation, maintenance...

        2. 2.The nationally significant infrastructure project authorised by this Order comprises...

      2. PART 2 REQUIREMENTS

        1. 3.Time limits

        2. 4.Phases of authorised development and date of final commissioning

        3. 5.Detailed design approval

        4. 6.Implementation and maintenance of landscaping

        5. 7.Arboricultural method statement (AMS)

        6. 8.Landscape and ecological management plan (LEMP)

        7. 9.Construction environmental management plans (CEMP)

        8. 10.Construction traffic management plan (CTMP)

        9. 11.Operational environmental management plan (OEMP)

        10. 12.Battery safety management plan (BSMP)

        11. 13.Land contamination

        12. 14.Public rights of way diversions

        13. 15.Operational noise

        14. 16.Fencing and other means of enclosure

        15. 17.Surface and foul water drainage

        16. 18.Archaeology

        17. 19.Permissive path

        18. 20.Construction hours

        19. 21.Protected species

        20. 22.Decommissioning and restoration

        21. 23.Skills, supply chain and employment

        22. 24.Requirement for written approval

        23. 25.Amendments to approved details

        24. 26.Consultation

      3. PART 3 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 27.Interpretation

        2. 28.Applications made under requirements

        3. 29.Further information regarding requirements

        4. 30.Appeals

        5. 31.Fees

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS

    3. SCHEDULE 3

      ALTERATION OF STREETS

      1. PART 1 PERMANENT ALTERATION TO LAYOUT

      2. PART 2 TEMPORARY ALTERATION TO LAYOUT

    4. SCHEDULE 4

      ACCESS TO WORKS

      1. PART 1 PERMANENT PRIVATE MEANS OF ACCESS TO WORKS

      2. PART 2 TEMPORARY PRIVATE MEANS OF ACCESS

    5. SCHEDULE 5

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

      1. 1.The enactments for the time being in force with respect...

      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 paragraph 4(a) are as...

      6. 6.For section 7 of the 1965 Act (measure of compensation...

      7. 7.The following provisions of the 1965 Act (which state the...

      8. 8.Section 11 (powers of entry) of the 1965 Act is...

      9. 9.Section 20 (tenants at will, etc.) of the 1965 Act...

      10. 10.Section 22 (interests omitted from purchase) of the 1965 Act...

      11. 11.For Schedule 2A (counter notice requiring purchase of land not...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      HEDGEROWS

      1. PART 1 REMOVAL OF IMPORTANT HEDGEROWS

      2. PART 2 REMOVAL OF HEDGEROWS

    10. SCHEDULE 10

      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 any provision in this Order or anything shown...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Where, in accordance with the provisions of this Part...

        7. 7.(1) Not less than 28 days before starting the execution...

        8. 8.(1) Subject to the following provisions of this paragraph, the...

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

        10. 10.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 11.Application

        2. 12.Interpretation

        3. 13.On Street Apparatus

        4. 14.Apparatus of National Grid Electricity Transmission Plc in temporarily closed streets

        5. 15.Protective works to buildings

        6. 16.Acquisition of land

        7. 17.Removal of apparatus

        8. 18.Facilities and rights for alternative apparatus

        9. 19.Retained apparatus: protection

        10. 20.Expenses

        11. 21.Indemnity

        12. 22.Enactments and agreements

        13. 23.Co-operation

        14. 24.Access

        15. 25.Arbitration

        16. 26.Notices

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC

        1. 27.Application

        2. 28.Interpretation

        3. 29.Precedence of 1991 Act in respect of apparatus in streets

        4. 30.No acquisition except by agreement

        5. 31.Removal of apparatus

        6. 32.Facilities and rights for alternative apparatus

        7. 33.Retained apparatus

        8. 34.Expenses and costs

        9. 35.(1) Subject to sub-paragraph (2), if by reason or in...

        10. 36.Expert determination

      4. PART 4 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. 37.Application

        2. 38.Interpretation

        3. 39.On Street apparatus

        4. 40.Apparatus of Cadent in temporarily closed public rights of way

        5. 41.Acquisition of land

        6. 42.Removal of apparatus

        7. 43.Facilities and rights for alternative apparatus

        8. 44.Retained apparatus: protection of Cadent

        9. 45.Expenses

        10. 46.Indemnity

        11. 47.Enactments and agreements

        12. 48.Co-operation

        13. 49.Access

        14. 50.Arbitration

        15. 51.Notices

      5. PART 5 FOR THE PROTECTION OF SOUTH STAFFORDSHIRE WATER PLC

        1. 52.Application

        2. 53.The provisions of Part 1 of Schedule 10 (Protective Provisions...

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

        4. 55.Interpretation

        5. 56.Acquisition of apparatus

        6. 57.Alternative apparatus

        7. 58.(1) Where, in accordance with the provisions of this Part...

        8. 59.Existing apparatus: protection and access

        9. 60.Expenses

        10. 61.Damage to apparatus: costs, losses, etc.

        11. 62.Enactments and agreements

        12. 63.Payments

      6. PART 6 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 64.For the protection of any operator, the following provisions have...

        2. 65.In this Part of this Schedule— “the 2003 Act” means...

        3. 66.The exercise of the powers of article 28 (statutory undertakers)...

        4. 67.(1) Subject to sub-paragraphs (2) to (4), if as the...

        5. 68.This Part of this Schedule does not apply to—

        6. 69.Nothing in this Part of this Schedule affects the provisions...

      7. PART 7 FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES

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

        2. 71.In this Part— “construction” includes execution, placing, altering, replacing, relaying...

        3. 72.(1) Before beginning to construct any specified work, the undertaker...

        4. 73.Without limiting paragraph 72, the requirements which the drainage authority...

        5. 74.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 75.(1) Subject to sub-paragraph (5) the undertaker must from the...

        7. 76.If by reason of the construction of any specified work...

        8. 77.The undertaker must indemnify the drainage authority in respect of...

        9. 78.(1) Without limiting the other provisions of this Part, the...

        10. 79.The fact that any work or thing has been executed...

        11. 80.Any dispute between the undertaker and the drainage authority under...

    11. SCHEDULE 11

      ARBITRATION RULES

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

    12. SCHEDULE 12

      DOCUMENTS TO BE CERTIFIED

    13. SCHEDULE 13

      TREES SUBJECT TO TREE PRESERVATION ORDERS

  11. Explanatory Note

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