Infrastructure Planning PART 1 PRELIMINARY Citation and commencement 1 1 This Order may be cited as the Byers Gill Solar Order 2025 and comes into force on 14th August 2025. 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 ; “ 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 protection test posts, field boundary markers, transformer rectifier kiosks, electrical cables, telecommunications equipment and electricity cabinets; “ arboricultural impact assessment ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ archaeological management strategy ” means the document certified as the archaeological management strategy for the purposes of this Order under article 36 (certification of plans, etc); “ authorised development ” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act; “ 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 under article 36 (certification of plans, etc); “ building ” includes any structure or erection or any part of a building, structure or erection; “ carriageway ” has the same meaning as in the 1980 Act; “ CCTV ” means a closed circuit television security system; “ CEMP ” means the construction environmental management plans to be submitted pursuant to requirement 4; “ commence ” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, forming part of the authorised development other than the site preparation works (except where stated to the contrary), and “ commencement ” and “ commenced ” must be construed accordingly; “ CTMP ” means the construction traffic management plan to be submitted pursuant to requirement 6; “ date of final commissioning ” means in respect of each phase of the authorised development as approved under requirement 2 the date on which each phase of the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing; “ definitive map and statement ” has the same meaning as in Part III of the Wildlife and Countryside Act 1981 ; “ design approach document ” means the document certified by the Secretary of State as the design approach document for the purposes of this Order under article 36 (certification of plans, etc); “ electronic transmission ” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; “ Environment Agency ” means the Environment Agency and any successor in name or function; “ environmental masterplan ” means the documents certified by the Secretary of State as such for the purposes of this Order under article 36 (certification of plans, etc); “ environmental statement ” means the document certified by the Secretary of State as the environmental statement for the purposes of this Order under article 36 (certification of plans, etc); “ footpath ” and “ footway ” have the same meaning as in the 1980 Act ; “ highway ” and “ highway authority ” have the same meaning as in the 1980 Act ; “ holding company ” has the same meaning as in section 1159 of the Companies Act 2006 ; “ 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 under article 36 (certification of plans, etc); “ LEMP ” means the landscape and ecological plan to be submitted pursuant to requirement 12; “ location plan ” means the plan certified by the Secretary of State as the location plan for the purposes of this Order under article 36 (certification of plans, etc); “ 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, and any derivative of “maintain” must be construed accordingly; “ National Grid ” means National Grid Electricity Transmission Plc (Company Number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the 1989 Act; “ Order land ” means the land shown on the land plans which is within the limits of land to be acquired or used and which is 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 battery fire safety management plan ” means the plan certified by the Secretary of State as such for the purposes of this Order under article 36 (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 36 (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 36 (certification of plans, etc); “ outline DEMP ” means the document certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order under article 36 (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 36 (certification of plans, etc); “ outline materials management plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ outline pollution and spillage response plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ outline public rights of way management plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ outline site waste management plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ outline soil resource management plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 36 (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 ; “ 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; “ public right of way ” includes any public right of way that is added to the definitive map and statement after the making of the Order; “ relevant highway authority ” means the highway authority for the area to which the provision relates; “ relevant planning authority ” means the local planning authority for the area to which the provision relates or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities; “ requirements ” means those matters set out in Schedule 2 (requirements) and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Part of that Schedule with the same number; “ site preparation works ” means all or any of— environmental surveys, geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions, demolition of buildings and removal of plant and machinery; above ground site preparation for temporary facilities for the use of contractors; diversion and laying of services; the provision of temporary means of enclosure and site security for construction; the temporary display of site notices or advertisements; or 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; “ special category land plans ” means the plans certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc); “ 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 ” means a street within the meaning of section 48 (streets, street works and undertakers) 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; “ street authority ” in relation to a street, has the same meaning as in Part 3 of the 1991 Act ; “ street works, public rights of way and access plan ” means the plan certified as such by the Secretary of State for the purposes of this Order under article 36 (certification of plans, etc) “ subsidiary ” has the same meaning as in section 1159 of the Companies Act 2006 ; “ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act; “ 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; “ trees and hedgerows to be removed plan ” means the plan appended to the arboricultural impact assessment setting out the extent of trees and hedgerows to be removed; “ undertaker ” means RWE Renewables UK Solar and Storage Limited (company registration number 14539260) whose registered address is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB and any other person who for the time being has the benefit of this Order in accordance with article 6 (consent to transfer benefit of Order); “ 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; “ working day ” means any day other than 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 36 (certification of plans, etc); 2 All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a numbered work are 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 as described in Schedule 1 (authorised development) and 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 as from time to time have jurisdiction in relation to the authorised development. 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. 8 References in this Order to any statute, order, regulation or similar instrument are to be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment. PART 2 PRINCIPAL POWERS Development consent etc. granted by the Order 3 Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits. Maintenance of authorised development 4 1 The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. 2 This article only authorises the carrying out of maintenance works within the Order limits. 3 This article does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different effects that have not been assessed in the environmental statement. Operation of generating stations 5 1 The undertaker is authorised to use and operate the generating station comprised in the authorised development. 2 This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station. Consent to transfer benefit of Order 6 1 Except as otherwise provided in this Order, the provisions of this Order have effect solely for the benefit of the undertaker. 2 Subject to the powers of this Order, the undertaker may with the written consent of the Secretary of State— a transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and b grant to another person (“ the lessee ”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed. 3 Where a transfer or grant has been made, references in this Order to the undertaker, except in paragraph (9), are to include references to the transferee or lessee. 4 The consent of the Secretary of State is required for the exercise of the powers of paragraph (2) except where— a the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; b the transferee or lessee is a holding company or subsidiary of the undertaker; or c the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— i no such claims have been made; ii any such claim has been made and has been compromised or withdrawn; iii compensation has been paid in full and final settlement of any such claim; iv payment of compensation into court has taken place in lieu of settlement of any such claim; or v it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable. d The transfer or grant is made to Northern Powergrid Holding Company (company registration number 03476201) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF for the purposes of undertaking Work No. 3(b), 4, 5, and 6. 5 Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (2). 6 The notification referred to in paragraph (5) must state— a the name and contact details the person to whom the benefit of the powers will be transferred or granted; b subject to paragraph (7), the date on which the transfer will take effect; c the powers to be transferred or granted; d pursuant to paragraph (9), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and e where relevant, a plan showing the works or areas to which the transfer or grant relates. 7 The date specified under paragraph (6)(b) must not be earlier than the expiry of ten working days from the date of the receipt of the notification. 8 The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification. 9 Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit— a the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates; b the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and c the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. Disapplication and modification of legislative provisions 7 The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development— a section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991 ; and b in so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017 . Defence to proceedings in respect of statutory nuisance 8 1 Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine is to be imposed, under section 82(2) of that Act if— a the defendant shows that the nuisance— i relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974 ; or ii is a consequence of the construction maintenance or decommissioning of the authorised development and cannot reasonably be avoided; or b the defendant shows that the nuisance is a consequence of the use of the authorised development and cannot reasonably be avoided. 2 Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction maintenance or decommissioning of the authorised development. PART 3 STREETS Street works 9 1 The undertaker may for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may— a break up or open the street, or any sewer, drain or tunnel under it; b drill, tunnel or bore under the street; c place and keep apparatus under the street; d maintain apparatus in the street, change its position or remove it; e repair, replace or otherwise alter the surface or structure of the street; and f execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e). 2 The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Where the undertaker is not the street authority, the provisions of sections 54 (notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1). Application of the 1991 Act 10 1 Works carried out under this Order in relation to a highway which consists of or includes a carriageway must be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major highway works if they are of a description mentioned in section 86(3) of the 1991 Act (highway authorities, highways and related matters). 2 In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker. 3 The provisions of the 1991 Act mentioned in paragraph (3) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to— a the carrying out of works under article 9 (street works); and b the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 13 (temporary closure of public rights of way); whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act. 4 The provisions of the 1991 Act are— a section 54 (advance notice of certain works); b subject to paragraph (4), section 55 (notice of starting date of works); c section 57 (notice of emergency works); d section 60 (general duty of undertakers to co-operate); e section 65 (safety measures); f section 68 (facilities to be afforded to street authority); g section 69 (works likely to affect other apparatus in the street); h section 71 (materials, workmanship and standard of reinstatement); i section 72 (powers of street authority in relation to reinstatement); j section 73 (reinstatement affected by subsequent works); k section 75 (inspection fees); l section 76 (liability for cost of temporary traffic regulation); m section 77 (liability for cost of use of alternative route; and n all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g). 5 Section 54 and 55 of the 1991 Act as applied by paragraph (4) has effect as if references in section 57 of that Act to emergency works included a reference to a temporary closure, stopping up, alteration or diversion (as the case may be) required in a case of emergency. Power to alter layout, etc., of streets 11 1 The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street— a in the case of the streets specified in column (2) of the table in Part 1 (permanent alteration of layout and maintained by the highway authority) of Schedule 4 (alteration of streets) permanently in the manner specified in relation to that street in column 3; and b in the case of the streets as specified in column (2) of the table in Part 2 (temporary alteration of layout) of Schedule 4 temporarily in the manner specified in relation to that street in column 3. 2 Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating, maintaining or decommissioning the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may— a alter the level or increase the width of the carriageway by reducing the width of any kerb, footway, cycle track or verge within the street; b alter the level of increase the width of any such kerb, footway, cycle track, or verge; c reduce the width of the carriageway; d make and maintain passing places; and e alter, remove, replace and relocate any street furniture, including bollards, lighting columns, road signs and chevron signs. 3 The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraph (2)— a are exercisable on the giving of not less than six weeks’ notice to the street authority; and b are not to be exercised without the consent of the street authority. 5 If a street authority which received an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of six weeks beginning with the date on which the application was made, it is deemed to have granted consent. 6 Any application to which this article applies must include a statement that the provisions of paragraph (5) apply to that application. 7 Paragraphs (4), (5) and (6) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Construction and maintenance of altered streets 12 1 The permanent alterations to each of the streets specified in Part 1 (permanent alteration of layout and maintained by the highway authority) of Schedule 4 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed by the relevant highway authority, the alterations including any culverts, bunding or other structures laid under it or supporting it must be maintained to the same standard by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period, subject to certification by the highway authority that it has been made up to the same satisfactory manner, shall be maintained by and at the expense of the relevant highway authority. 2 Where a footpath or bridleway is constructed altered or diverted under this Order, the constructed altered or diverted part of that highway must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the relevant highway authority, that part of the footpath or bridleway including any culverts, bunding or other structures laid under it or supporting it must be maintained to the same standard by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period, subject to certification by the highway authority that it has been made up to the same satisfactory manner, shall be maintained by and at the expense of the relevant highway authority; 3 Subject to paragraph (4), the temporary alterations to the street specified in Part 2 (temporary alteration of layout) of Schedule 4 must be completed to the reasonable satisfaction of the street authority and the temporary alterations must be maintained by and at the expense of the undertaker. 4 Those restoration works carried out pursuant to article 11(3) (power to alter layout, etc., of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained to the same standard by the undertaker for a period of 12 months from their completion and from the expiry of that period, subject to certification by the highway authority that it has been made up to the same satisfactory manner, shall be maintained by and at the expense of the street authority. 5 In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. 6 For the purposes of a defence under paragraph (5), a court must in particular have regard to the following matters— a the character of the street including the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the street; d whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and e where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out. 7 Paragraphs (1) to (6) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Temporary closure of public rights of way 13 1 The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily close, alter or divert any public rights of way and may for any reasonable time, subject to paragraph (3), prevent all persons from passing along the public rights of way. 2 The undertaker must provide reasonable access for pedestrians going to or from premises abutting a public right of way affected by the temporary closure alteration or diversion of a public right of way under this article if there would otherwise be no such access. 3 Without limiting paragraph (1), the undertaker may use any public rights of way temporarily closed under the powers conferred by this article within the Order limits as a temporary working site subject to the undertaker returning the public right of way to its previous condition after such use ends. 4 Without limiting paragraph (1), the undertaker may temporarily close, alter or divert the public rights of way specified in column (2) of Part 1 of Schedule 5 (public rights of way to the extent specified, by reference to the letters and numbers shown on the street works, public rights of way and access plan, in column (3) of those Schedules. 5 The undertaker must not temporarily close, alter, divert or use as a temporary working site— a any public rights of way referred to in paragraph (4) without first consulting the street authority; and b any other public rights of way without the consent of the street authority, which may attach reasonable conditions to the consent. 6 Any person who suffers loss by the temporary closure, alteration or diversion of any right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 7 If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b) that street authority is deemed to have granted consent. 8 Any application for consent under sub-paragraph (3) or (5)(b) must include a statement that the provisions of paragraph (9) apply to that application. 9 If an application for consent under sub-paragraph (3) or (5)(b) does not include the statement required under paragraph (10), then the provisions of paragraph (9) will not apply to that application. Public rights of way 14 1 The public rights of way identified in columns (1) to (3) of Part 2 (public rights of way to be permanently stopped up) of Schedule 5 (public rights of way to be stopped up) and shown on the street works, public rights of way and access plan are to be extinguished on the date of the expiry of the notice given under paragraph (2). 2 No less than 28 days prior to the extinguishment of each of the public rights of way identified in columns (1) to (3) of Part 2 of Schedule 5 and shown on the street works, public rights of way and access plan, the undertaker must erect a site notice at each end of the right of way to be extinguished . 3 The notice to be erected under paragraph (2) must include— a details of the public rights of way to be extinguished; b the date on which the extinguishment will take effect; c details of any public rights of way being provided in substitution; and d details of the place where a copy of this Order and the documents listed in Schedule 13 (documents to be certified) may be inspected. 4 No public right of way specified in Part 2 of Schedule 5 being a public right of way which is to be permanently extinguished is to be wholly or partly stopped up under this article unless— a The new public right of way to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule has been completed to the reasonable satisfaction of the relevant highway authority and is open for use; or b An appropriate temporary alternative route for the passage of such users as could have used the public right of way to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the relevant highway authority, between the commencement and termination points for the stopping up of the public right of way until the completion and opening of the new public right of way in accordance with sub-paragraph (a). Access to works 15 1 The undertaker may, for the purposes of the authorised development— a form and lay out the permanent means of access, or improve existing means of access, in the locations specified in Part 1 (permanent means of access to works) of Schedule 6 (access to works); b form and lay out the temporary means of access in the location specified in Part 2 (temporary means of access to works) of Schedule 6; and c with the prior approval of the relevant planning authority after consultation with the relevant highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. 2 The undertaker must restore any access that has been temporarily created under this Order to the reasonable satisfaction of the street authority. Agreements with street authorities 16 1 A street authority and the undertaker may enter into agreements with respect to— a the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; b any stopping up, temporary closure, restriction, alteration or diversion of a street authorised by this Order; c the carrying out in the street of any of the works referred to in article 9(1) (street works); or d the adoption by a street authority which is the relevant highway authority of works— i undertaken on a street which is existing public maintainable highway; or ii which the undertaker and relevant highway authority agree to be adopted as public maintainable highway. 2 Such agreement may, without prejudice to the generality of paragraph (1)— a make provision for the street authority to carry out any function under this Order which relates to the street in question; b specify a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. Traffic regulation measures 17 1 Subject to the provisions of this article, the undertaker may make temporary provision at any time, in the interests of safety and for the purposes of the construction or decommissioning of the authorised development— a as to the speed at which vehicles may proceed along any road; b permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road; c as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road; d permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and e suspending or amending in whole or in part any or made, or having effect as if made, under the 1984 Act. 2 No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendments) Regulations 2011 when in accordance with regulation 3(5) of those regulations. 3 Before exercising the power conferred by paragraph (1) the undertaker must— a consult with the chief officer of police in whose area the road is situated; and b obtain the written consent of the traffic authority. 4 The undertaker must not exercise the powers in paragraph (1) unless it has— a given not less than four weeks’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and b not less than seven days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated. 5 Any provision made under the powers conferred by paragraph (1) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the power conferred in paragraph (1). 6 Any provision made by the undertaker under paragraphs (1)— a must be made by written instrument in such form as the undertaker considers appropriate; b has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and c is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 . PART 4 SUPPLEMENTAL POWERS Discharge of water 18 1 The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain subject to the obtaining of consent and approval respectively pursuant to paragraphs (3) and (4) below. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 . 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 The undertaker must not carry out any works to or make any opening into any public sewer or drain pursuant to paragraph (1) except— a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 . 8 This article does not permit any activity listed in paragraph 3(1) of Schedule 21 to the 2016 Regulations. 9 In this article— a “ public sewer or drain ” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and b other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 have the same meaning as in those Regulations. 10 If a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be. 11 Any application for consent under paragraph (3) or approval under sub-paragraph (4)(a) must include a statement that the provisions of paragraph (10) apply to that application. 12 If an application for consent under paragraph (3) or approval under sub-paragraph (a) does not include the statement required under paragraph (11), then the provisions of paragraph (10) will not apply to that application. Protective work to buildings 19 1 Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building located within the Order limits as the undertaker considers necessary or expedient. 2 Protective works may be carried out— a at any time before or during the construction of any part of the authorised development in the vicinity of the building; or b after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the date of final commissioning of that part of the authorised development. 3 For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage. 4 For the purposes of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))— a enter the building and any land within its curtilage; and b where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it) within the Order limits. 5 Before exercising— a a power under paragraph (1) to carry out protective works to a building; b a power under paragraph (3) to enter a building and land within its curtilage; c a power under paragraph (4)(a) to enter a building and land within its curtilage; or d a power under paragraph (4)(b) to enter land, the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise the power and, in a case falling within sub-paragraphs (a) and (c), specify the protective works proposed to be carried out. 6 Where a notice is served under paragraph (5)(a), (c), or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 40 (arbitration). 7 The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers. 8 Where— a protective works are carried out under this article to a building; and b within the period of five years beginning with the date of final commissioning of the relevant part of the authorised development it appears that the protective works are inadequate to protect the building against damage caused by the construction, operation or maintenance of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them. 9 Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act. 10 Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 11 In this article “ protective works ”, in relation to a building, means— a underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the construction, operation, maintenance or use of the authorised development; and b any works the purpose of which is to remedy any damage that has been caused to the building by the construction, operation, maintenance or use of the authorised development. Authority to survey and investigate the land 20 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— a survey or investigate the land; b without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land equipment for use in connection with the survey and investigation of land making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required on entering the land, produce written evidence of their authority to do so; and b may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trail holes. 4 No trial holes may be made under this article— a in land held by or in right of the Crown without the consent of the Crown; b in land located within the highway boundary without the consent of the relevant highway authority; or c in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent— a under paragraph (4)(b) in the case of a highway authority; or b under paragraph (4)(c) in the case of a street authority, that authority is deemed to have granted consent. 7 Any application for consent under paragraph (4)(b) or 4(c) must include a statement that the provisions of paragraph (6) apply to that application. 8 If an application for consent under paragraph (4)(b) or 4(c) does not include the statement required under paragraph (7), then the provisions of paragraph (6) will not apply to that application. 9 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. PART 5 POWERS OF ACQUISITION Compulsory acquisition of land 21 1 The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate, or is incidental, to it; and 2 use any land so acquired for the purpose authorised by this Order or for any other purposes in connection with or ancillary to the undertaking. 3 This article is subject to article 22 (time limit for exercise of authority to acquire land compulsorily), paragraph (2) of article 23 (compulsory acquisition of rights), article 25 (acquisition of subsoil only), article 29 (rights under or over streets), article 30 (temporary use of land for carrying out the authorised development) and article 31 (temporary use of land for maintaining the authorised development). Time limit for exercise of authority to acquire land compulsorily 22 1 After the end of the period of five years beginning on the day on which the Order is made— a no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act; and b no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 26 (application of the 1981 Act). 2 The authority conferred by article 30 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights 23 1 Subject to paragraph (2) and article 30 (temporary use of land for carrying out the authorised development), the undertaker may acquire compulsorily such rights or impose restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence. 2 Subject to the provisions of this paragraph, article 24 (private rights) and article 32 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 8 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column (3) of that Schedule. 3 Subject to section 8 (other provisions as to divided land) and Schedule 2A (counter-notice requiring purchase of land) of the 1965 Act (as substituted by paragraph 10 of Schedule 9 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)), where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land. 4 Schedule 9 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants. 5 In any case where the acquisition of new rights or imposition of a restriction under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question. 6 The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker. 7 This article is subject to article 43 (Crown rights). Private rights 24 1 Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition under article 21 (compulsory acquisition of land) cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 21— a as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act, whichever is the earliest. 2 Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 23 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant— a as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of lease of the land by agreement); or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (powers of entry) in pursuance of the right, whichever is the earliest. 3 Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land. 4 Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 5 This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 32 (statutory undertakers) applies. 6 Paragraphs (1) to (3) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land; ii the undertaker’s appropriation of the land; iii the undertaker’s entry onto the land; or iv the undertaker’s taking temporary possession of the land, that any or all of those paragraphs do not apply to any right specified in the notice; or b any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. 7 If an agreement referred to in paragraph (6)(b)— a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 8 References in this article to private rights over land include any right of way, trust, incident, restrictive covenant, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that affect. Acquisition of subsoil only 25 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 21 (compulsory acquisition of land) or article 23 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 2 Paragraph (1) does not apply in relation to any existing mines or mining activity. 3 Where the undertaker acquires any part of, or rights in, the subsoil of land, the undertaker is not required to acquire an interest in any other part of the land. 4 The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only— a Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by Schedule 9 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants); b Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and c Section 153(4A) (blighted land: proposed acquisition of part interest, material detriment test) of the 1990 Act. 5 Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a building. Application of the 1981 Act 26 1 The 1981 Act applies as if this Order were a compulsory purchase order. 2 The 1981 Act, as applied by paragraph (1), has effect with the following modifications. 3 In section 1 (application of Act), for subsection 2 substitute— 2 This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. . 4 In section 5(2) (earliest date for execution of declaration) omit the words from “and this subsection” to the end. 5 Section 5A (time limit for general vesting declaration) is omitted . 6 In section 5B(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the five year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Byers Gill Solar Order 2025.” . 7 In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” . 8 In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”. 9 In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute — “(2) But see article 25(3) (acquisition of subsoil only) of the Byers Gill Solar Order 2025, which excludes the acquisition of subsoil only from this Schedule.” 10 References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the Compulsory Purchase Act 1965) to the compulsory acquisition of land under this Order. Power to override easements and other rights 27 1 Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves— a an interference with an interest or right to which this article applies; or b a breach of a restriction as to the user of land arising by virtue of a contract. 2 In this article “ authorised activity ” means— a the erection, construction or maintenance of any part of the authorised development; b the exercise of any power authorised by the Order; or c the use of any land within the Order limits (including the temporary use of land). 3 The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract. 4 Where an interest, right or restriction is overridden by paragraph (1), compensation— a is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and b is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where— i the compensation is to be estimated in connection with a purchase under that Act; or ii the injury arises from the execution of works on or use of land acquired under that Act. 5 Where a person deriving title under the undertaker by whom the land in question was acquired— a is liable to pay compensation by virtue of paragraph (4); and b fails to discharge that liability, the liability is enforceable against the undertaker. 6 Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1). Modification of Part 1 of the Compulsory Purchase Act 1965 28 1 Part 1 (compulsory acquisition under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows. 2 In section 4A(1) (extension of time limit during challenge)— a for section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 117 of the 2008 Act (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Byers Gills Solar Order 2025 . 3 In section 11A (powers of entry: further notice of entry)— a in subsection (1)(a), after “land” insert “under that provision” ; and b in subsection (2), after “land” insert “under that provision” . 4 In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 22 (time limit for exercise of authority to acquire land compulsorily) of the Byers Gill Solar Order 2025” . 5 In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)— a For paragraphs 1(2) and 14(2) substitute— 2 But see article 25(3) (acquisition of subsoil only) of the Byers Gill Solar Order 2025, which excludes the acquisition of subsoil only from this Schedule ; and b after paragraph 29 insert— PART 4 INTERPRETATION 30 In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (protective works to buildings), article 30 (temporary use of land for carrying out the authorised development) or article 31 (temporary use of land for maintaining the authorised development) of the Byers Gill Solar Order 2025. . Rights under or over streets 29 1 The undertaker may enter on, appropriate and use so much of the subsoil of or air-space over any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development. 2 Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 3 Paragraph (2) does not apply in relation to— a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of the person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 5 Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. Temporary use of land for carrying out the authorised development 30 1 The undertaker may, in connection with the carrying out of the authorised development— a enter on and take temporary possession of— i so much of the land specified in column (1) of the table in Schedule 10 (land of which temporary possession may be taken) for the purpose specified in relation to the land in column (2) of that table; and ii any of the Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act; b remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land; c construct temporary works, haul roads, security fencing, bridges, structures and buildings on that land; d use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development; e construct any works, on that land as are mentioned in Schedule 1 (authorised development); and f carry out mitigation works required pursuant to the requirements in Schedule 2 (requirements). 2 Paragraph (1) does not authorise the undertaker to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 The undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article a in the case of the land referred to in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken; or b in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land. 5 Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to— a replace any building, structure, debris, drain or electric line removed under this article; b remove any drainage works installed by the undertaker under this article; c remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works), Schedule 4 (alteration of streets) or Schedule 6 (access to works); or d restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2 (requirements). 6 The undertaker must pay compensation to the owners and occupiers of land which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 8 Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6). 9 Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 10 Nothing in this article precludes the undertaker from— a creating and acquiring new rights or imposing restrictions over any part of the Order land identified in Schedule 8 (land in which only new rights etc. may be acquired); or b acquiring any part of the subsoil of (or rights in the subsoil of) that land under article 25 (acquisition of subsoil only) or any part of the subsoil of or airspace over that land under article 29 (rights under or over streets) 11 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 12 Nothing in this article prevents the taking of temporary possession more than once in relation to any land that the undertaker takes temporary possession of under this article. Temporary use of land for maintaining authorised development 31 1 Subject to paragraph (2), at any time during the maintenance period (as defined in paragraph (11)) relating to any part of the authorised development, the undertaker may— a enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development; b enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and c construct such temporary works and buildings on the land as may be reasonably necessary for that purpose. 2 Paragraph (1) does not authorise the undertaker to take temporary possession of— a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 5 Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 7 Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 8 Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6). 9 Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 10 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act. 11 In this article “ the maintenance period ” means the period of five years beginning with the date on which a phase of the authorised development first exports electricity to the national electricity transmission network except in relation to landscaping where “ the maintenance period ” means such period as set out in the landscape and ecological management plan which is approved by the relevant planning authority pursuant to requirement 12, beginning with the date on which that part of the landscaping is completed. Statutory undertakers 32 Subject to the provisions of Schedule 11 (protective provisions) the undertaker may— a acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans (as certified by the Secretary of State in accordance with article 36) within the Order land; and b extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land. Apparatus and rights of statutory undertakers in temporarily closed streets 33 Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 9 (street works), article 11 (power to alter layout, etc., of streets), article 12 (construction and maintenance of altered streets) or article 13 (temporary closure of public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 11 (protective provisions), as if this Order had not been made. Recovery of costs of new connections 34 1 Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 32 (statutory undertakers), any person who is— a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies. 4 In this article— a “ public communications provider ” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003 ; and b “ public utility undertaker ” has the same meaning as in the 1980 Act. PART 6 GENERAL Operational land for the purposes of the 1990 Act 35 Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act. Certification of plans, etc. 36 1 The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 13 (documents to be certified) for certification that they are true copies of the plans and documents referred to in this Order. 2 A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. Service of notices 37 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission. 2 Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise— a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving is conspicuously affixed to some building or object on or near the land. 5 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where— a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d the notice or document is in a form sufficiently permanent to be used for subsequent reference. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provider such a copy as soon as reasonably practicable. 7 Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8). 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. Felling or lopping of trees or removal of hedgerows 38 1 Subject to Article 39 (trees subject to tree preservation orders) the undertaker may fell or lop any tree, or shrub near any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, or shrub from— a obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; b constituting a danger to persons using the authorised development; or c obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development. 2 In carrying out any activity authorised by paragraph (1) or (4), the undertaker must do no unnecessary damage to any tree, or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 4 The undertaker may for the purposes of the authorised development and subject to paragraph (2),remove those parts of the hedgerows as are within the Order limits and specified in Schedule 7 (removal of hedgerows) as shown for illustrative purposes on the trees and hedgerows to be removed plan 5 The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority. 6 In this article “ hedgerow ” has the same meaning as in the Hedgerow Regulations 1997 . Trees subject to tree preservation orders 39 1 The undertaker may fell or lop any tree within or overhanging land within the Order limits which is subject to a tree preservation order or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development. 2 In carrying out any activity authorised by paragraph (1)— a the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and b the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply. 3 The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. 4 Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act. Arbitration 40 1 Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled in arbitration in accordance with the rules at Schedule 12 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State. 2 Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration. Requirements, appeals, etc. 41 1 Where an application is made to, or a request is made of, the relevant planning authority or any other relevant person for any consent, agreement or approval required or contemplated by any of the provisions of this Order, such consent, agreement or approval must, to be validly given, be given in writing and must not be unreasonably withheld or delayed. 2 Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements in Part 1 (requirements) of that Schedule. Application of landlord and tenant law 42 1 This article applies to— a any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants may prejudice the operation of any agreement to which this article applies. 3 Accordingly, no such enactment or rule of law to which paragraph (2) applies shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Crown rights 43 1 Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any transferee, lessee or licensee to take possession of, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)— a belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners; b belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department. 2 Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008) which is for the time being held otherwise than by or on behalf of the Crown. 3 A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically. Protective provisions 44 Schedule 11 (protective provisions) has effect. Funding 45 1 The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either— a a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or b an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2). 2 The provisions are— a article 21 (compulsory acquisition of land); b article 23 (compulsory acquisition of rights); c article 24 (private rights); d article 25 (acquisition of subsoil only); e article 29 (rights under or over streets); f article 30 (temporary use of land for carrying out the authorised development); g article 31 (temporary use of land for maintaining the authorised development); and h article 32 (statutory undertakers). 3 A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. 4 Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. Signed by authority of the Secretary of State for Energy Security and Net Zero David Wagstaff Deputy Director Energy Infrastructure Planning Department for Energy Security and Net Zero 23rd July 2025