The Cleve Hill Solar Park Order 2020
| Year | 2020 |
2020 No. 547
INFRASTRUCTURE PLANNING
The Cleve Hill Solar Park Order 2020
Made 28thMay 2020
Coming into force 19thJune 2020
CONTENTS
PART 1
PRELIMINARY
1. Citation and commencement
2. Interpretation
PART 2
PRINCIPAL POWERS
3. Development consent etc. granted by this Order
4. Power to maintain authorised development
5. Consent to transfer benefit of Order
6. Application and modification of legislative provisions
7. Defence to proceedings in respect of statutory nuisance
PART 3
STREETS
8. Street works
9. Application of the 1991 Act
10. Temporary stopping up of streets
11. Temporary stopping up of public rights of way
12. Agreements with street authorities
PART 4
SUPPLEMENTAL POWERS
13. Discharge of water
14. Protective work to buildings
15. Authority to survey and investigate the land
PART 5
POWERS OF ACQUISITION
16. Compulsory acquisition of land
17. Time limit for exercise of authority to acquire land compulsorily
18. Compulsory acquisition of rights
19. Private rights
20. Application of the 1981 Act
21. Acquisition of subsoil only
22. Modification of Part 1 of the Compulsory Purchase Act 1965
23. Rights under or over streets
24. Temporary use of land for carrying out the authorised development
25. Temporary use of land for maintaining authorised development
26. Statutory undertakers
27. Recovery of costs of new connections
PART 6
OPERATIONS
28. Operation of generating stations
29. Deemed marine licence under the 2009 Act
PART 7
MISCELLANEOUS AND GENERAL
30. Application of landlord and tenant law
31. Operational land for purposes of the 1990 Act
32. Felling or lopping of trees
33. Trees subject to tree preservation orders
34. Certification of plans and documents, etc.
35. Arbitration
36. Requirements, appeals, etc.
37. Crown rights
38. Protective provisions
39. Funding
SCHEDULE 1 — AUTHORISED DEVELOPMENT
PART 1 — AUTHORISED DEVELOPMENT
PART 2 — REQUIREMENTS
PART 3 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS
SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS
SCHEDULE 3 — STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 4 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
SCHEDULE 7 — PROTECTIVE PROVISIONS
PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
PART 2 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
PART 3 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
PART 4 — FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
PART 5 — FOR THE PROTECTION OF BLUE TRANSMISSION LONDON ARRAY LIMITED
PART 6 — FOR THE PROTECTION OF UKPN
SCHEDULE 8 — DEEMED MARINE LICENCE UNDER THE 2009 ACT
PART 1 — LICENSED MARINE ACTIVITIES
PART 2 — CONDITIONS
SCHEDULE 9 — ARBITRATION RULES
SCHEDULE 10 — ENVIRONMENTAL STATEMENT SUPPLEMENTS
An application has been made to the Secretary of State for an Order under section 37 of the Planning Act 2008 (“the 2008 Act”)(1);
The application was examined by the Examining Authority, which has made a report to the Secretary of State under section 74(2) of the 2008 Act;
The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;
The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(2) and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act;
The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State is satisfied that open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114, 120, 122 and 123 of the 2008 Act makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Cleve Hill Solar Park Order and comes into force on 19th June
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961(3);
“the 1965 Act” means the Compulsory Purchase Act 1965(4);
“the 1980 Act” means the Highways Act 1980(5);
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(6);
“the 1989 Act” means the Electricity Act 1989(7);
“the 1990 Act” means the Town and Country Planning Act 1990(8);
“the 1991 Act” means the New Roads and Street Works Act 1991(9);
“the 2004 Act” means the Energy Act 2004(10);
“the 2008 Act” means the Planning Act 2008(11);
“the 2009 Act” means the Marine and Coastal Access Act 2009(12);
“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(13);
“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...
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