The Stonestreet Green Solar Order 2025

• Citation: S.I. 2025/1175
• Sections: 219

Section 1 Citation and commencement

This Order may be cited as the Stonestreet Green Solar Order 2025 and comes into force on 13th November 2025.

Section 2 Interpretation

(1) In this Order, unless the context requires 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 ;

“ the 2015 Regulations ” means the Town and Country Planning (General Permitted Development) (England) Order 2015 ;

“ address ” includes any number or address used for the purposes of electronic transmission;

“ AMS ” means the archaeological management strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ 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, electricity cables, telecommunications equipment and electricity cabinets;

“ authorised development ” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act;

“ BESS ” means a battery energy storage system used for the storage of electrical energy, consisting of containerised units distributed across the Order limits and, where installed, located as part of an inverter station;

“ book of reference ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ bridleway ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act;

“ BSMP ” means a battery safety management plan;

“ building ” includes any structure or erection or any part of a building, structure or erection;

“ business day ” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or an English public holiday or bank holiday under section 1 of the Banking and Financial Dealings Act 1971 ;

“ cable works ” means works to place, retain and maintain underground electrical cables;

“ carriageway ” has the meaning given in section 329 (further provision as to interpretation) of the 1980 Act;

“ CCTV ” means a closed circuit television security system;

“ CEMP ” means a construction environmental management plan;

“ commence ” means 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 site enabling works (except where stated to the contrary), and “ commencement ” and “ commenced ” must be construed accordingly;

“ crown land plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ CTMP ” means a construction traffic management plan;

“ cycle track ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act;

“ cycleway ” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 with a right of way on foot and a right of way on horseback or leading a horse;

“ DC ” means direct current;

“ DC-DC converters ” means electrical infrastructure to allow communication and transmission of electricity between the inverters and the BESS;

“ DEMP ” means a decommissioning environmental management plan;

“ design principles ” means the document of that name identified in the table at Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ DTMP ” means a decommissioning traffic management plan;

“ electrical cables ” means—

cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to DC boxes, earthing cables and optical fibre cables; and

works associated with cable laying including jointing pits, hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling;

“ electronic transmission ” means a communication transmitted—

by means of an electronic communications network; or

by other means but while in electronic form;

“ environmental statement ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ EPL 001 Limited ” means EPL 001 Limited, company number 12444050, whose registered office is at 2nd Floor, Regis House, 45 King William Street, London EC4R 9AN;

“ first export date ” means the date on which the authorised development first exports electricity to the national grid on a commercial basis, but excluding the generation of electricity during commissioning and testing;

“ footway ” and “ footpath ” have the same meanings as in section 329 (further provision as to interpretation) of the 1980 Act;

“ inverter ” means electrical equipment required to convert DC power to alternating current power;

“ intermediate substations ” means substations (other than the project substation) that aggregate the output of a number of inverter stations prior to transmission to the project substation;

“ inverter station ” means electrical infrastructure located within a bunded enclosure and comprising inverters, transformers and switchgear (either as separate units or containerised) and “inverter stations” shall be interpreted accordingly;

“ land plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ LEMP ” means a landscape and ecological management plan;

“ local planning authority ” means the local planning authority for the borough of Ashford;

“ maintain ” includes inspect, upkeep, repair, refurbish, adjust, alter, remove, reconstruct and replace in relation to the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” must be construed accordingly;

“ mounting structure ” means a frame or rack used to host the solar PV panels, and “mounting structures” shall be interpreted accordingly;

“ National Grid ” means National Grid Electricity Transmission plc, company number 2366977, whose registered office is at 1-3 Strand, London, WC2N 5EH, being a licence holder within the meaning of Part 1 of the 1989 Act;

“ Network Rail ” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “ associated company ” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

“ OMP ” means an operational management plan;

“ ONMMS ” means an operational noise mitigation and monitoring scheme;

“ Order land ” means the land shown on the land plans and crown land plans which is within the limits of land to be acquired or used and described in the book of reference;

“ Order limits ” means the limits shown on the land plans, crown land plans and works plans within which the authorised development may be carried out and land acquired or used;

“ OSWDS ” means an operational surface water drainage strategy;

“ outline BSMP ” means the outline battery safety management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline CEMP ” means the outline construction environmental management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline CEMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline CTMP ” means the outline construction traffic management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline CTMP for the purposes of this Order in accordance with article 41 (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 in accordance with article 41 (certification of plans, etc.);

“ outline DTMP ” means the outline decommissioning traffic management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline DTMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline LEMP ” means the outline landscape and ecological management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline LEMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline OMP ” means the outline operational management plan identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline OMP for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline OSWDS ” means the outline operational surface water drainage strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline OSWDS for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ outline RoWAS ” means the outline rights of way and access strategy identified in the table in Schedule 14 (documents and plans to be certified) and which is certified by the Secretary of State as the outline RoWAS for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ permissive paths ” means existing access tracks providing restricted public access within the Order limits;

“ phase ” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the local planning authority under requirement 3 (phases of authorised development) in Part 1 of Schedule 2 (requirements);

“ project substation ” means the main compound containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation with welfare facilities, means of access and other associated facilities;

“ requirement ” means a requirement set out in Part 1 of 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;

“ RoWAS ” means a rights of way and access strategy;

“ Sellindge Substation ” means the existing substation at Sellindge, Church Lane, Aldington, Ashford TN25 6AF, owned by National Grid and operated by UK Power Networks;

“ site enabling works ” means operations consisting of—

pre-construction surveys and/or monitoring;

site clearance and/or vegetation works;

advanced planting works;

archaeological investigations;

environmental surveys;

investigations for the purpose of assessing ground conditions;

remedial work in respect of contamination or other adverse ground conditions;

diversion and laying of services;

erection of any temporary means of enclosure; and

the temporary display of site notices and/or advertisements;

“ solar PV panel ” means a solar photovoltaic panel designed to convert solar irradiance to DC electrical energy fitted to a mounting structure, and “solar PV panels” shall be interpreted accordingly;

“ statutory nature conservation body ” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017 ;

“ statutory undertaker ” means any person falling within section 127(8) (statutory undertakers’ land) or section 138(4A) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act and includes a public communications provider as defined in section 151(1) (interpretation of chapter 1) of the Communications Act 2003 and an operator of an electronic communications code network as defined in paragraph 1(1) of Schedule 17 (minor and consequential amendments) to that Act;

“ 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 and 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 ” means the works listed in article 10(1) (street works and temporary closure of streets and private means of access);

“ streets, rights of way and access plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ subsoil ” means any stratum of land that is below the surface of the ground;

“ switchgear ” means a set of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment;

“ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act ;

“ traffic regulations measures plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ transformer ” means electrical infrastructure used to transform electricity to a different voltage;

“ UK Power Networks ” means UK Power Networks Holdings Limited, company number 07290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP and all wholly-owned subsidiary companies of UK Power Networks Holdings Limited;

“ undertaker ” means EPL 001 Limited or any person who for the time being has the benefit of this Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order);

“ vegetation removal plan ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.);

“ watercourse ” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“ work ” means a work set out in Schedule 1 (authorised development);

“ works plans ” means the document of that name identified in the table in Schedule 14 (documents and plans to be certified) and which is certified as such by the Secretary of State for the purposes of this Order in accordance with article 41 (certification of plans, etc.).

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this Order.

(3) All distances, directions, capacities and lengths referred to in this Order are approximate distances between lines or points on a numbered work comprised in the authorised development and shown on the works plans and streets, rights of way and access plans are to be taken to be measured along that work.

(4) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

(5) All areas described in square metres in the book of reference are approximate.

(6) In this Order “include” or “includes” must be construed without limitation unless the contrary intention appears.

(7) References in this Order to any statutory body include that body’s successor in respect of functions which are relevant to this Order.

(8) This Order does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Section 3 Development consent etc. granted by the Order

(1) Subject to the provisions of this Order including the requirements the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2) Each numbered work must be situated within the corresponding numbered area shown on the works plans.

Section 4 Maintenance of authorised development

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.

Section 5 Authorisation of use

(1) The undertaker is authorised to operate and use the authorised development for which development consent is granted by this Order.

(2) Paragraph (1) does not relieve the undertaker of any duty to obtain any permit, licence or other obligation under any other legislation that may be required from time to time to authorise the operation of any part of the authorised development.

Section 6 Benefit of the Order

(1) Subject to article 7 (consent to transfer benefit of the Order) the provisions of this Order have effect solely for the benefit of EPL 001 Limited, save for—

(a) Work No. 3 in relation to which the provisions of this Order have effect for the benefit of EPL 001 Limited and UK Power Networks; and

(b) Work No. 4 in relation to which the provisions of this Order have effect for the benefit of EPL 001 Limited, National Grid and UK Power Networks.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Section 7 Consent to transfer benefit of the Order

(1) Subject to paragraph (3) , the undertaker may—

(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 between the undertaker and the lessee.

(2) Where a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker except in paragraph (8) are to include references to the transferee or the lessee.

(3) The prior written consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—

(a) the transferee or lessee is National Grid or UK Power Networks;

(b) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; 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.

(4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State, the local planning authority and Kent County Council in writing before transferring or granting a benefit referred to in paragraph (1) .

(5) The notification referred to in paragraph (4) must state—

(a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

(b) subject to paragraph (6) , the date on which the transfer will take effect;

(c) the powers to be transferred or granted;

(d) pursuant to paragraph (8) , 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.

(6) The date specified under paragraph (5)(b) must not be earlier than the expiry of 14 business days from the date of the receipt of the notification.

(7) 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.

(8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has transferred 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 under paragraph (1) 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.

Section 8 Disapplication, application and modification of legislative provisions

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development—

(a) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained in this Order; and

(b) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 32 (temporary use of land for maintaining the authorised development) of this Order.

(2) Regulation 6 (permitted work) of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

(k) or for the carrying out or the maintenance of development which has been authorised by the Stonestreet Green Solar Order 2025.

(3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

(4) Section 141 (restriction on planting trees etc. in or near carriageway) of the 1980 Act does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.

(5) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “ development ”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

(6) Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976 will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance and decommissioning of the authorised development subject to other provisions.

(7) Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

Section 9 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) 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 may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised development and that the nuisance is attributable to the carrying out or use 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), of the Control of Pollution Act 1974 ; or

(b) is a consequence of the construction, operation, maintenance or decommissioning 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, operation, maintenance or decommissioning of the authorised development.

(3) In this article “ premises ” has the same meaning as in section 79 (statutory nuisances and inspections therefor.) of the Environmental Protection Act 1990.

Section 10 Street works and temporary closure of streets and private means of access

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in the table in Schedule 4 (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 in 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 or any culvert under 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 or licence 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) .

(4) The undertaker, during and for the purposes of carrying out or operating the authorised development, may temporarily close, alter or divert any street or private means of access and may for any reasonable time—

(a) divert the traffic from the street and prevent access via the private means of access; and

(b) subject to paragraph (6) , prevent all persons from passing along the street.

(5) Without limiting the scope of paragraph (4) , the undertaker may use as a temporary working site any street or private means of access which has been temporarily closed, altered or diverted under the powers conferred by this article.

(6) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.

(7) The undertaker must restore any street that has been temporarily closed or altered pursuant to this article to the reasonable satisfaction of the street authority.

Section 11 Power to alter layout, etc., of streets

(1) The undertaker may for the purposes of the authorised development enter onto and permanently alter the layout of or carry out any works in the streets specified in column 2 of the table in Schedule 5 (alteration of streets) 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, enter onto and alter the layout of or carry out any works on any street whether or not within the Order limits and, without limitation on the scope of this paragraph, the undertaker may—

(a) alter the level or increase the width of any kerb, street, footpath, footway, cycleway, cycle track, verge or central reservation;

(b) make and maintain passing places;

(c) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycleway, cycle track verge or central reservation within the street;

(d) reduce the width of the carriageway of the street;

(e) execute any works to widen or alter the alignment of pavements;

(f) execute any works of surfacing or resurfacing of the street; and

(g) execute any works necessary to alter existing facilities for the management and protection of pedestrians.

(3) The undertaker must restore any street that has been temporarily altered pursuant to paragraph (2) to the reasonable satisfaction of the street authority.

(4) The powers conferred by paragraph (2) may not be exercised without the consent of the street authority.

(5) Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Section 12 Construction and maintenance of altered streets

(1) Any alterations to the streets specified in Schedule 5 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed by the street authority, must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.

(2) Those restoration works carried out pursuant to article 10(7) (street works and temporary closure of streets and private means of access) or 11(3) (power to alter layout, etc., of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.

(3) 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.

(4) For the purposes of a defence under paragraph (3) , 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.

(5) Paragraphs (1) to (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Section 13 Use of private roads

(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1) .

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Section 14 Access to works

(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 the table in Schedule 6 (access to works); and

(b) with the approval of the local planning authority after consultation with the 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) If the local planning authority receives an application for approval under paragraph 14(1)(b) and fails to notify the undertaker of its decision within 56 days of receiving the application, that authority will be deemed to have granted approval.

Section 15 Agreements with street authorities

(1) A street authority and the undertaker may enter into agreements with respect to—

(a) the construction, strengthening, improvement, repair or reconstruction of any street including any structure carrying the street over or under the authorised development under the powers conferred by this Order;

(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under the authorised development;

(c) any stopping up, prohibition, restriction, alteration or diversion of a street authorised by this Order;

(d) the undertaking in the street of any of the works referred to in article 10 (street works and temporary closure of streets and private means of access), article 11 (power to alter layout, etc., of streets) and article 12 (construction and maintenance of altered streets);

(e) the adoption by a street authority which is the highway authority of works—

(i) undertaken on a street which is existing public maintainable highway; or

(ii) which the undertaker and highway authority agree to be adopted as public maintainable highway; and

(f) such works as the parties may agree.

(2) If such agreement provides that the street authority must undertake works on behalf of the undertaker the 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.

Section 16 Traffic regulation measures

(1) Subject to the provisions of this article the undertaker may at any time for the purposes of, or in connection with, the construction or decommissioning of the authorised development, temporarily place traffic signs and signals in the extents of the roads specified in column 2 of the table in Schedule 7 (traffic regulation measures) and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 (powers and duties of authorities as to placing of traffic signs) of the 1984 Act and the Traffic Signs Regulations and General Directions 2016 .

(2) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1) , the undertaker may make temporary provision 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 order made, or having effect as if made, under the 1984 Act.

(3) 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 Amendment) Regulations 2011 when in accordance with regulation 3(5) of those regulations.

(4) Before exercising the power conferred by paragraph (2) 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 such consent not to be unreasonably withheld.

(5) The undertaker must not exercise the powers in paragraphs (1) or (2) unless it has—

(a) given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) not less than 7 days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspaper circulating in the area in which any road to which the provision relates is situated.

(6) Any provision made under the powers conferred by paragraphs (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2) .

(7) Any provision made by the undertaker under paragraphs (1) or (2) —

(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 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement).

Section 17 Public rights of way – stopping up and vehicular use on public rights of way

(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a) permanently stop up each of the public rights of way specified in columns 1 and 2 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule;

(b) provide the substitute public rights of way described in column 4 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development;

(c) temporarily close during the construction, operation and decommissioning of the authorised development each of the public rights of way specified in columns 1 and 2 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule;

(d) provide the substitute public rights of way described in column 4 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development for the period during which the relevant public right of way has been temporarily closed pursuant to paragraph 17(1)(c) ;

(e) temporarily close during the construction, operation and decommissioning of the authorised development public rights of way to the extent agreed with the relevant highway authority and provide substitute temporary public rights of way (for the period during which the relevant public right of way has been temporarily closed) between terminus points and on an alignment to be agreed with the relevant highway authority (in both respects agreement not to be unreasonably withheld or delayed);

(f) stop up each of the public rights of way specified in columns 1 and 2 of Part 3 (public rights of way to be permanently stopped up for which no substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule; and

(g) for any reasonable time, authorise the use of motor vehicles on classes of public rights of way where there is otherwise no public right to use motor vehicles.

(2) No public right of way may be stopped up or closed pursuant to paragraph (1)(a) or 17(1)(c) unless the respective substitute public right of way has first been provided pursuant to paragraph (1)(b) or 17(1)(d) to the reasonable satisfaction of the relevant highway authority.

(3) No public right of way may be closed pursuant to paragraph 17(1)(e) unless the substitute temporary public right of way agreed with the relevant highway authority has been provided to the reasonable satisfaction of the relevant highway authority.

(4) In respect of any permanent or temporary diversion route provided under paragraph (2) or any temporary diversion route agreed by the relevant highway authority under paragraph (3) , the undertaker must provide appropriate clear signage of the permanently diverted or temporarily diverted route.

(5) Where a public right of way has been stopped up under this article—

(a) all rights of way over or along the public right of way are extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the public right of way as is bounded on both sides by land owned by the undertaker.

(6) Any person who suffers loss by the suspension or extinguishment of any private rights of way under this article will be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Section 18 Status of public rights of way created or improved

With effect from the date on which the highway authority has confirmed that the public rights of way specified in column 1 of Schedule 9 (status of public rights of way created or improved) have been created or improved to the standard specified in the RoWAS for the relevant phase of the authorised development, the public rights of way in question will be deemed to have the status specified in column 2 of that Schedule.

Section 19 Discharge of water

(1) Subject to paragraphs (3) and (4) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation, maintenance or decommissioning 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.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under 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 or the person or body otherwise having authority to give such consent; and such consent may be given subject to such terms and conditions as that person may reasonably impose.

(4) The undertaker must not carry out any works to or make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs; 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 other than in accordance with a permit granted by the Environment Agency.

(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 under 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 a groundwater activity or a water discharge activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016 .

(8) 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.

Section 20 Authority to survey and investigate the land

(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 apparatus for use in connection with the survey and investigation of land and 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 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 trial holes.

(4) No trial holes may be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority; or

(b) in a private street without the consent of the street authority.

(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)(a) in the case of a highway authority; or

(b) under paragraph (4)(b) in the case of a street authority,

that authority is deemed to have granted consent.

Section 21 Compulsory acquisition of land

(1) The undertaker may—

(a) acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it or as is incidental to it; and

(b) use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the authorised development.

(2) This article is subject to article 24 (time limit for exercise of authority to acquire land compulsorily), article 25 (compulsory acquisition of rights and imposition of restrictive covenants), article 28 (acquisition of subsoil and airspace only), article 30 (temporary use of land for carrying out the authorised development), article 40 (crown rights) and Schedule 13 (protective provisions).

Section 22 Compulsory acquisition of land – incorporation of the mineral code

Parts 2 and 3 of Schedule 2 (Minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for “the acquiring authority” substitute “the undertaker” ; and

(c) for “undertaking” substitute “authorised development” .

Section 23 Statutory authority to override easements and other rights

(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised, including for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, 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 contract.

(2) The undertaker will pay compensation to any person whose land is injuriously affected by—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to user of land arising by virtue of contract,

authorised by virtue of this Order and the operation of section 158 (nuisance: statutory authority) of the 2008 Act.

(3) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and includes restrictions as to the user of land arising by the virtue of a contract.

(4) Section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act applies to paragraph (2) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(5) Any rule or principle applied to the construction of section 10 (further provision as to compensation for injurious affection) of the 1965 Act applies to the construction of paragraph (2) (with any necessary modifications).

Section 24 Time limit for exercise of authority to acquire land compulsorily

After the end of the period of five years beginning on the day on which this Order is made—

(a) no notice to treat may be served under Part 1 (Compulsory Purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 27 (application of the 1981 Act),

in relation to any part of the Order land.

Section 25 Compulsory acquisition of rights and imposition of restrictive covenants

(1) Subject to 25(2) , the undertaker may acquire compulsorily such rights over the Order land 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) In the case of the Order land specified in column 1 of Schedule 10 (land in respect of which only 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 such restrictive covenants as may be required for the purpose specified in relation to that land in column 2 of that Schedule.

(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act, where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) , the undertaker will not be required to acquire a greater interest in that land.

(4) Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of 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 a restrictive covenant.

(5) In any case where the acquisition of rights or imposition of a restrictive covenant under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose restrictive covenants 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 40 (crown rights).

Section 26 Private rights

(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) will be extinguished—

(a) as from the date of acquisition of the land, or of the right, or of the benefit of the restrictive covenant 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 earlier.

(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 this Order 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 imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of a lease of the land 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 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 will be 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 where article 33 (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 of way specified in the notice; or

(b) any agreement made at any time between the undertaker and the person in or to whom the right of way in question is vested or belongs.

(7) Where 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 effect.

Section 27 Application of the 1981 Act

(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 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A (time limit for general vesting declaration) .

(6) In section 5B(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)” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008” ; and

(b) for “the applicable period for the purposes of section 5A” substitute “the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” .

(7) In section 6 (notices after execution of declaration) for subsection (1)(b) substitute—

(1) (b) on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under 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 “(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) , omit paragraph 1(2).

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.

Section 28 Acquisition of subsoil and airspace only

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of and the airspace over the land referred to in paragraph 21(1) of article 21 (compulsory acquisition of land) or article 25 (compulsory acquisition of rights and imposition of restrictive covenants) 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) Where the undertaker acquires any part of, or rights in, the subsoil of, or the airspace over, any land under paragraph (1) , the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(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.

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Section 29 Modification of Part 1 of the 1965 Act

(1) Part 1 of the 1965 Act (compulsory purchase under acquisition of land act of 1946), as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—

(a) in section 4 (time limit for giving notice to treat) for “after the end of the applicable period beginning with the day on which the compulsory purchase order becomes operative” substitute “after the end of the period stated in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” .

(b) in section 4A(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 applicable period for the purposes of section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025”

(2) 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” .

(3) 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 24 (time limit for exercise of authority to acquire land compulsorily) of the Stonestreet Green Solar Order 2025” .

(4) 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 28(3) (acquisition of subsoil and airspace only) of the Stonestreet Green Solar Order 2025, which excludes the acquisition of subsoil and airspace only from this Schedule

(b) after paragraph 29, insert—

Interpretation

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under articles 20 (authority to survey and investigate the land), 30 (temporary use of land for carrying out the authorised development), 32 (temporary use of land for maintaining the authorised development), or 38 (use of subsoil and airspace within the Order limits) of the Stonestreet Green Solar Order 2025.

Section 30 Temporary use of land for carrying out the authorised development

(1) The undertaker may, in connection with the construction of the authorised development—

(a) enter on and take temporary possession of any land within 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 electric line, electrical plant, structures, apparatus, fences, debris, buildings and vegetation from that land;

(c) construct temporary works, haul roads, security fencing, bridges, structures and buildings comprised within the authorised development 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 set out in Schedule 1 (authorised development); and

(f) carry out mitigation works required under the requirements.

(2) 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.

(3) The undertaker may 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 under this article after the end of the period of one year beginning with the date of completion of the part of the authorised development which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must either acquire the land or, unless otherwise agreed with the owners of the land, remove all works and restore the land to the reasonable satisfaction of the owners of the land, except that the undertaker is not required to—

(a) replace any electric line, electrical plant, structure, apparatus, fence, debris, building or vegetation 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 4 (streets subject to street works);

(d) restore the land to a condition better than the relevant land was in before temporary possession;

(e) remove any ground strengthening works which have been placed on the land to facilitate construction, operation, maintenance or decommissioning of the authorised development;

(f) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or

(g) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.

(5) 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 any power conferred by this article and, for the avoidance of doubt, this will include compensation in respect of any loss or damage further to any ground strengthening works within paragraph (4)(e) carried out by the undertaker in or on that land.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5) , or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Any dispute as to the satisfactory removal of works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(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 (5) .

(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) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1) .

Section 31 Time limit for exercise of authority to temporarily use land for carrying out the authorised development

(1) Subject to paragraph (2) , the authority to enter onto land pursuant to article 30 (temporary use of land for carrying out the authorised development) ceases to apply to any land after the period of five years beginning on the day on which the Order is made.

(2) Paragraph (1) will not prevent 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.

Section 32 Temporary use of land for maintaining the authorised development

(1) Subject to paragraph (2) , at any time during the maintenance period (as defined in paragraph (12)) 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 (including the provision of means of access) 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 is not required to serve notice under paragraph (2) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment,

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practicable in the circumstances.

(5) 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.

(6) 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.

(7) 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.

(8) Any dispute as to a person’s entitlement to compensation under paragraph (7) , or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 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 (7) .

(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(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) In this article the “ maintenance period ” means the period of five years beginning with the first export date of the part of the authorised development for which temporary possession is required under this article except in relation to landscaping works where “ the maintenance period ” means such period as set out in the LEMP which is approved by the local planning authority pursuant to requirement 8 beginning with the date on which that part of the landscaping works are completed.

Section 33 Statutory undertakers

Subject to the provisions of Schedule 13 (protective provisions), the undertaker may—

(a) acquire compulsorily the land belonging to statutory undertakers within the Order land and described in the book of reference;

(b) acquire compulsorily existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference;

(c) extinguish or suspend the rights of, remove, alter, renew, relocate or reposition the apparatus belonging to statutory undertakers over or within the Order land; and

(d) construct the authorised development in such a way as to interfere with any highway or cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land.

Section 34 Acquisition of wayleaves, easements and other rights

Schedule 12 (acquisition of wayleaves, easements and other rights) has effect.

Section 35 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 33 (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 33 (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 sewage 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—

“ public communications provider ” has the meaning given in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and

“ public utility undertaker ” means a gas, water, electricity of sewerage undertaker.

Section 36 No double recovery

Compensation will not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Section 37 Protective provisions

Schedule 13 (protective provisions) has effect.

Section 38 Use of subsoil and airspace within the Order limits

(1) The undertaker may enter on, appropriate and use so much of the subsoil of or airspace over any land (including without limitation any street) within the Order limits as may be required for the authorised development and may use the subsoil or airspace for those purposes or any other purposes ancillary to the authorised development.

(2) The undertaker may exercise any power conferred by paragraph (1) in relation to land without being required to acquire any part of the land or any easement or right in the land.

(3) Paragraph (1) 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 that 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 (3) 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.

Section 39 Operational land for the purposes of the 1990 Act

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.

Section 40 Crown rights

(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 lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description—

(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 section 227 of the 2008 Act) 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.

Section 41 Certification of plans, etc.

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table in Schedule 14 (documents and plans to be certified) for certification that they are true copies of the 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.

Section 42 Service of notices

(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; 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 it 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 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 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic transmission 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.

(10) In this article “ legible in all material respects ” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Section 43 Felling or lopping of trees or removal of hedgerows

(1) Subject to paragraphs (2) and (6) , 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—

(a) from obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1) , 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—

(a) remove those parts of the important hedgerows within the Order limits and specified in Part 1 (removal of important hedgerows) of Schedule 15 (hedgerows); and

(b) remove those parts of the hedgerows as are within the Order limits and specified in Part 2 (removal of hedgerows) of Schedule 15 (hedgerows).

(5) In this article “ hedgerow ” and “ important hedgerow ” have the same meaning as in the Hedgerow Regulations 1997 .

(6) The undertaker may fell or lop any tree that is subject to a tree preservation order within or overhanging land within the Order limits 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, operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development.

(7) In carrying out any activity authorised by paragraph (6) —

(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.

(8) The authority given by paragraph (6) constitutes a deemed consent under the relevant tree preservation order.

(9) Any dispute as to a person’s entitlement to compensation under paragraph (7) , or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Section 44 Arbitration

(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 16 (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.

Section 45 Requirements, appeals, etc.

(1) Where an application is made to, or a request is made of, the local planning authority or any other relevant person for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such agreement or approval must, if 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 of that Schedule.

Section 46 Application of landlord and tenant law

(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, operation, maintenance or decommissioning 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 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.

Section 47 Guarantees in respect of payment of compensation

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

(a) a guarantee, the form and amount of which has been 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, the form and amount of which has been 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 25 (compulsory acquisition of rights and imposition of restrictive covenants);

(c) article 26 (private rights);

(d) article 28 (acquisition of subsoil and airspace only);

(e) article 30 (temporary use of land for carrying out the authorised development);

(f) article 32 (temporary use of land for maintaining the authorised development); and

(g) article 33 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order 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.

Section 1 Work No. 1

A ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 50 megawatts including—

(a) solar PV panels; and

(b) mounting structures,

along with associated development within the meaning of section 115(2) of the 2008 Act including—

Section 2 Work No. 2

Balance of system and BESS works including—

(a) inverter stations;

(b) BESS;

(c) DC-DC converters;

(d) intermediate substations;

(e) fire hydrants;

(f) bunding and other water retention features; and

(g) acoustic barriers;

Section 3 Work No. 3

Project substation and associated works including—

(a) project substation, including switchroom and control room buildings, circuit breakers, 132 kilovolt bus-bars, pad mounted transformers, earthing circuits, office facilities (to include welfare unit, water closet, cesspit) and ancillary equipment;

(b) monitoring and control systems for Work No. 1, Work No. 2 and Work No. 3;

(c) car parking;

(d) metal palisade security fencing with gates;

(e) access track with separate access provision;

(f) geotechnical works and retaining structures;

(g) drainage and water retention system works;

(h) acoustic barriers; and

(i) two spare parts storage containers;