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The Gate Burton Energy Park Order 2024

Type Statutory-Instrument

Publication 2024-07-12

Last updated 2024-11-28

State In force

Department King's Printer of Acts of Parliament

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(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;

(d) pursuant to paragraph ‎(8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted;

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(f) a copy of the document effecting the transfer or grant .

(6) The date specified under paragraph ‎(5)(b) must not be earlier than the expiry of ten working 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 granted any benefit—

(a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

Application of landlord and tenant law

34

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law 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.

Operational land for the purposes of the 1990 Act

35

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows

36

(1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

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

(b) constituting a danger to persons using the authorised development; or

(c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

(2) In carrying out any activity authorised by paragraph ‎(1) 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, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised development and subject to paragraph ‎(2), remove any hedgerows within the Order limits that may be required for the purposes of constructing the authorised development.

(5) Without prejudice to the generality of paragraph ‎(4), the undertaker may, for the purposes of the authorised development or in connection with the authorised development and subject to paragraph ‎(2), remove the hedgerows specified in column 2 of the table in Schedule 16 (hedgerows to be removed) as shown on the vegetation removal plan.

(6) The undertaker may not pursuant to paragraphs ‎(1) and ‎(4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

(7) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997[^f00049].

Trees subject to tree preservation orders

37

(1) The undertaker may fell or lop any tree described in Schedule 17 (trees subject to tree preservation orders) or cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

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

(a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(3) The authority given by paragraph ‎(1) constitutes a deemed consent under the relevant tree preservation order.

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

Certification of plans and documents, etc.

38

(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 at Schedule 12 (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.

No double recovery

39

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

Arbitration

40

(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 13 (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 is not subject to arbitration.

Protective provisions

41

Schedule 14 (protective provisions) has effect.

Service of notices

42

(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

(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[^f00050] 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 that time of service.

(4) Where for the purpose 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 the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) either leaving it in the hands of the 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;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any 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 an electronic transmission 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.

Procedure in relation to certain approvals etc.

43

(1) Where an application is made to or request is made of, a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing.

(2) Where paragraph ‎(1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

(3) Schedule 15 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements.

(4) Save for applications made pursuant to Schedule 15 (procedure for discharge of requirements) and where stated to the contrary if, within ten weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

(5) Where any application is made as described in paragraph ‎(1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph ‎(4).

(6) Schedule 15 (procedure for discharge of requirements) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any dispute under article ‎16(6) (protective work to buildings) to which paragraph ‎(4) applies.

(7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 14 (protective provisions).

Guarantees in respect of payment of compensation

44

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph ‎(2) in relation to any part of the Order 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) in respect of the exercise of the relevant provision in relation to that part of the Order land; 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) in respect of the exercise of the relevant provision in relation to that part of the Order land.

(2) The provisions are—

(a) article ‎18 (compulsory acquisition of land);

(b) article ‎20 (compulsory acquisition of rights);

(d) article ‎26 (rights under or over streets);

(e) article ‎27 (temporary use of land for constructing the authorised development);

(f) article ‎28 (temporary use of land for maintaining the authorised development); and

(g) article ‎29 (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.

Crown rights

45

(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 (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph ‎(1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in land (as defined in 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.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

1

In this Schedule—

“balance of solar system (BoSS) plant” means inverters, transformers and switch gear and would be either— solar stations being a station comprising centralised inverters, transformers and switch gear with each component for each solar station either— a “solar station” located outside, with a concrete foundation slab or placed on metal skids for each of the inverters and transformers and switch gear; or housed together within a container sitting on a concrete foundation slab or placed on metal skids; or string inverters attached either to mounting structures or a ground mounted frame, switchgear and transformers on a concrete foundation slab or placed on metal skids;

“electrical cables” means— cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to direct current (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;

“energy storage” means equipment used for the storage of electrical energy;

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

“mounting structure” means a frame or rack made of galvanised steel, anodised aluminium or other material designed to support the solar panels and mounted on piles driven into the ground, piles rammed into a pre-drilled hole, a pillar attaching to a steel ground screw, or pillars fixed to a concrete foundation;

“solar panel” means a solar photovoltaic panel or module designed to convert solar irradiance to electrical energy;

“substation” means a substation containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation;

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

“transformer” means a structure serving to transform electricity to a higher voltage.

2

In the Districts of West Lindsey and Bassetlaw and in the Counties of Lincolnshire and Nottinghamshire a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“relevant planning authority” means— Lincolnshire County Council for the purposes of: requirement 6; requirement 10; requirement 14; requirement 16; requirement 17; and West Lindsey District Council and Bassetlaw District Council for the purposes of: requirement 3; requirement 4; requirement 5; requirement 7; requirement 8; requirement 9; requirement 12; requirement 13; requirement 15; requirement 18; requirement 19; and

“relevant planning authorities” means Lincolnshire County Council, West Lindsey District Council and Bassetlaw District Council, as applicable.

Commencement of the authorised development

2

The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.

Approved details and amendments to them

3

(1) With respect to the documents certified under Article ‎38 (certification of plans and documents, etc) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or relevant planning authorities (as applicable) for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.

(2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or the relevant planning authorities (as applicable) that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Community liaison group

4

(1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development.

(2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference.

(3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authorities.

Detailed design approval

5

(1) No part of the authorised development may commence until details of—

(a) the layout;

(b) scale;

(d) external appearance;

(e) hard surfacing materials;

(f) vehicular and pedestrian access, parking and circulation areas;

(g) refuse or other storage units, signs and lighting;

(h) drainage, water, power and communications cables and pipelines;

(i) landscaping works, planting works and programme for implementation;

(j) fencing;

(k) security measures; and

(l) any mitigation measures necessary to address noise impacts.

relating to that part have been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) The details submitted must accord with—

(a) the location, order limits and grid coordinates plan;

(b) the works plan; and

(c) the outline design principles, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement 3.

(3) The authorised development must be carried out in accordance with the approved details.

Battery safety management

6

(1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by the relevant planning authority.

(2) The battery safety management plan must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development.

(3) The battery safety management plan must be substantially in accordance with the outline battery safety management plan.

(4) The relevant planning authority must consult with West Lindsey District Council, Lincolnshire Fire and Rescue, Nottinghamshire Fire and Rescue Service and the Environment Agency before determining an application for approval of the battery safety management plan.

(5) The battery safety management plan must be implemented as approved and maintained throughout the construction, operation and decommissioning of the authorised development.

Landscape and ecological management plan

7

(1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the Environment Agency and Natural England.

(2) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan.

(3) The landscape and ecological management plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

(4) For the purposes of sub-paragraph ‎(1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of permitted preliminary works.

Biodiversity net gain

8

(1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority, in consultation with the relevant statutory nature conservation body.

(2) The biodiversity net gain strategy must be substantially in accordance with the outline landscape and ecological management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Fencing and other means of enclosure

9

(1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part (which must be substantially in accordance with the relevant outline design principles) have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(3) For the purposes of sub-paragraph ‎(1), “commence” includes any permitted preliminary works.

(4) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph ‎(1) at all times during construction of the authorised development.

(5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used.

(6) Any approved permanent fencing in a part must be completed before the date of final commissioning in respect of such part.

Surface and foul water drainage

10

(1) No part of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system (which must be substantially in accordance with the outline drainage strategy) have been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, and in each case in consultation with Anglian Water Services Limited or its successor in function as the relevant water undertaker.

(2) Any approved scheme must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Archaeology

11

(1) The authorised development must be implemented in accordance with the archaeological mitigation strategy.

(2) No part of the authorised development may commence until a written scheme of archaeological investigation (which must accord with the archaeological mitigation strategy) for that part has been submitted to and approved by the relevant planning authority.

(3) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

Construction environmental management plan

12

(1) No part of the authorised development may commence until a construction environmental management plan (which must be substantially in accordance with the framework construction environmental management plan) for that part has been submitted to and approved by the relevant planning authority, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority and the Environment Agency.

(2) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.

(3) The details on the amount and type of waste from the authorised development and how it will be reused, recycled or disposed of is to be set out in a Waste Management Plan which is to be included as an appendix to the construction environmental management plan.

Operational environmental management plan

13

(1) Prior to the date of final commissioning for any part of the authorised development, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority for that part, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with Lincolnshire County Council in its capacity as the planning waste authority, the relevant highway authority and the Environment Agency.

(2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Construction traffic management plan

14

(1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant planning authority for that part, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority and West Lindsey District Council.

(2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan.

(3) Before approving the construction traffic management plan the relevant planning authority must consult with the relevant highway authority.

(4) The construction traffic management plan must be implemented as approved.

Operational noise

15

(1) No part of numbered Works No. 1, No. 2 and No. 3 may commence until an operational noise assessment containing details of how the design of that numbered work has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) The design as described in the operational noise assessment must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Public rights of way diversions

16

(1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that part has been submitted to and approved by the relevant planning authority, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority.

(2) The public rights of way management plan must be substantially in accordance with the outline public rights of way management plan.

(3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the highway authority.

Soils management

17

(1) No part of the authorised development may commence until a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to construction activities) for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(2) All construction works associated with the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(1).

(3) Prior to the date of final commissioning for any part of the authorised development, a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to operational activities) for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(4) The operation of the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(3) and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

(5) Prior to the start of any decommissioning works for any part of the authorised development, a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to decommissioning activities) for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.

(6) The decommissioning of the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(5).

Skills, supply chain and employment

18

(1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities following consultation with Lincolnshire County Council.

(2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan.

(3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities.

(4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Decommissioning and restoration

19

(1) Decommissioning of the authorised development must commence no later than 60 years following the date of final commissioning of the authorised development.

(2) Unless otherwise agreed with the relevant planning authority, no later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify the relevant planning authority of the intended date of decommissioning.

(3) Within 12 months of the date notified pursuant to sub-paragraph (2), the undertaker must submit to the relevant planning authority for that part a decommissioning environmental management plan for approval which must include a decommissioning traffic management plan and site waste management plan, in consultation with the Environment Agency.

(4) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning environmental management plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph.

(5) The decommissioning environmental management plan must be substantially in accordance with the framework decommissioning environmental management plan.

(6) No decommissioning works must be carried out until the relevant planning authority has approved the decommissioning environmental management plan submitted in relation to those works.

(7) The decommissioning environmental management plan must be implemented as approved.

(8) This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

(a) Great Grimsby and Sheffield Junction Railway Act 1845[^f00051];

(b) Great Northern Railway Act 1846[^f00052];

(d) Manchester, Sheffield, and Lincolnshire Railways, and Manchester and Lincolnshire Union Railway and Chesterfield and Gainsborough Canal Amalgamation Act 1847[^f00054];

(e) Trent (Burton on Trent and Humber) Navigation Act 1887[^f00055];

(f) Trent Navigation Act 1906[^f00056];

(g) Great Central Railway Act 1907[^f00057];

(h) Lincolnshire Rivers Fisheries Provisional Order Confirmation Act 1928[^f00058];

(i) Trent and Lincolnshire Water Act 1971[^f00059]; and

(j) Anglian Water Authority Act 1977[^f00060].

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule—

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

“culvert works” means repair, replace, extend or alter and maintain an existing culvert. (1) Area (2) Street (3) Description of the street works District of West LindseyB1241 Kexby LaneCable works and culvert works beneath the width of the street for the length shown in green on sheet 1 of the streets, rights of way and access plans.District of West LindseyGainsborough Road A156 SouthboundCable works beneath the width of the street for the length shown in green on sheet 4 of the streets, rights of way and access plans.District of West LindseyClay LaneCable works beneath the width of the street for the length shown in green on sheet 10 of the streets, rights of way and access plans.District of West LindseyWillingham RoadCable works beneath the width of the street for the length shown in green on sheet 10 of the streets, rights of way and access plans.District of West LindseyA1500 Stow Park RoadCable works and culvert works beneath the width of the street for the length shown in green on sheet 11 of the streets, rights of way and access plans.District of West LindseyA156 High StreetCable works beneath the width of the street for the lengths shown in green on sheet 12 of the streets, rights of way and access plans.District of BassetlawHeadstead BankCable works beneath the width of the street for the length shown in green on sheet 14 of the streets, rights of way and access plans.District of BassetlawCow Pasture LaneCable works beneath the width of the street for the length shown in green on sheet 15 of the streets, rights of way and access plans.District of BassetlawCottam RoadCable works beneath the width of the street for the length shown in green on sheet 15 of the streets, rights of way and access plans.District of BassetlawNightleys RoadCable works beneath the width of the street for the length shown in light blue on sheet 17 of the streets, rights of way and access plans.District of BassetlawShortleys RoadCable works beneath the width of the street for the length shown in light blue on sheet 17 of the streets, rights of way and access plans.District of BassetlawTorksey Ferry RoadCable works beneath the width of the street for the length shown in light blue on sheets 17 and 18 of the streets, rights of way and access plans.

SCHEDULE 5 — ALTERATION OF STREETS

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1)Area	(2)Street	(3)Description of alteration
District of West Lindsey	Field Access Kexby Lane B1241 Westbound	Permanent alteration of layout at the point marked 1/01 on sheet 1 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Kexby Lane B1241 Eastbound	Permanent alteration of layout at the point marked 1/02 on sheet 1 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Kexby Lane B1241 Eastbound	Permanent alteration of layout at the point marked 1/04 on sheet 1 of the streets, rights of way and access plans.
District of West Lindsey	Proposed Access off Kexby Lane B1241 Westbound	Permanent alteration of layout at the point marked 1/05 on sheet 1 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Gainsborough Road A156 Southbound	Permanent alteration of layout at the point marked 4/02 on sheet 4 of the streets, rights of way and access plans.
District of West Lindsey	Field Gate Access Willingham Road Eastbound	Permanent alteration of layout at the point marked 6/02 on sheet 6 of the streets, rights of way and access plans.
District of West Lindsey	Access Track Marton Road Northbound	Permanent alteration of layout at the point marked 7/01 on sheet 7 of the streets, rights of way and access plans.
District of West Lindsey	Proposed Access off Private Means of Access off Marton Road Northbound	Permanent alteration of layout at the point marked 7/02 on sheet 7 of the streets, rights of way and access plans.
District of West Lindsey	Proposed Access off Private Means of Access off Marton Road Northbound	Permanent alteration of layout at the point marked 7/03 on sheet 7 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Eastbound	Permanent alteration of layout at the point marked 8/02 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Eastbound	Permanent alteration of layout at the point marked 8/03 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Eastbound	Permanent alteration of layout at the point marked 8/05 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Eastbound	Permanent alteration of layout at the point marked 8/07 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Eastbound	Permanent alteration of layout at the point marked 8/08 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Marton Road Northbound	Permanent alteration of layout at the point marked 8/09 on sheet 8 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Clay Lane Eastbound	Permanent alteration of layout at the point marked 10/08 on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access Clay Lane Westbound	Permanent alteration of layout at the point marked 10/09 on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Field Access Clay Lane Westbound	Permanent alteration of layout at the point marked 10/10 on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access Clay Lane Westbound	Permanent alteration of layout at the point marked 10/11 on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access Clay Lane Eastbound	Permanent alteration of layout at the point marked 10/14 on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access off Eastbound carriageway of A1500 Stow Park Road	Permanent alteration of layout at the point marked 11/06 on sheet 11 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access off Westbound carriageway of A1500 Stow Park Road	Permanent alteration of layout at the point marked 11/07 on sheet 11 of the streets, rights of way and access plans.
District of West Lindsey	Field Access A156 High Street Northbound	Permanent alteration of layout at the point marked 12/08 on sheet 12 of the streets, rights of way and access plans.
District of West Lindsey	Access Track A156 High Street Northbound	Permanent alteration of layout at the point marked 12/09 on sheet 12 of the streets, rights of way and access plans.
District of West Lindsey	Access Track A156 High Street Northbound	Permanent alteration of layout at the point marked 12/10 on sheet 12 of the streets, rights of way and access plans.
District of West Lindsey	Proposed access off Northbound Carriageway of A156 High Street	Permanent alteration of layout at the point marked 12/11 on sheet 12 of the streets, rights of way and access plans.
District of Bassetlaw	Field Access off existing access 14/03	Permanent alteration of layout at the point marked 14/02 on sheet 14 of the streets, rights of way and access plans.
District of Bassetlaw	Access Track Headstead Bank Southbound	Permanent alteration of layout at the point marked 14/03 on sheet 14 of the streets, rights of way and access plans.
District of Bassetlaw	Proposed Access off Headstead Bank Northbound	Permanent alteration of layout at the point marked 14/20 on sheet 14 of the streets, rights of way and access plans.
District of Bassetlaw	Existing access off Cow Pasture Lane	Permanent alteration of layout at the point marked 15/09 on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Proposed Access off Cottam Road Eastbound	Permanent alteration of layout at the point marked 15/10 on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Existing Field access off Cottam Road Westbound	Permanent alteration of layout at the point marked 15/01 on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Proposed Access off Cow Pasture Lane	Permanent alteration of layout at the point marked 15/15 on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Field Access Torksey Ferry Road Eastbound	Permanent alteration of layout at the point marked 17/02 on sheet 17 of the streets, rights of way and access plans.
District of Bassetlaw	Field Access Torksey Ferry Road Westbound	Permanent alteration of layout at the point marked 17/05 on sheet 17 of the streets, rights of way and access plans.
District of Bassetlaw	Field Access Shortleys Lane Northbound	Permanent alteration of layout at the point marked 17/18 on sheet 17 of the streets, rights of way and access plans.
District of Bassetlaw	Field Access Shortleys Lane Southbound	Permanent alteration of layout at the point marked 17/19 on sheet 17 of the streets, rights of way and access plans.

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street	(3) Description of alteration
District of West Lindsey	Junction of A1500 Stow Park Road and A156 High Street	Temporary alteration of layout within the area shaded green on Sheet 11 of the streets, rights of way and access plans.

SCHEDULE 6 — STREETS AND PUBLIC RIGHTS OF WAY

PART 1 — STREETS TO BE TEMPORARILY CLOSED

(1) Area	(2) Street	(3) Measures
District of West Lindsey	B1241 Kexby Lane	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 1 of the streets, rights of way and access plans.
District of West Lindsey	Clay Lane	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Willingham Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 10 of the streets, rights of way and access plans.
District of West Lindsey	Junction of A1500 Stow Park Road and A156 High Street	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 11 of the streets, rights of way and access plans.
District of West Lindsey	A1500 Stow Park Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the length shown in green on sheet 11 of the streets, rights of way and access plans.
District of West Lindsey	A156 High Street	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the length shown in green on sheet 12 of the streets, rights of way and access plans.
District of Bassetlaw	Headstead Bank	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 14 of the streets, rights of way and access plans.
District of Bassetlaw	Cow Pasture Lane	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Cottam Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in green on sheet 15 of the streets, rights of way and access plans.
District of Bassetlaw	Nightleys Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in light blue on sheet 17 of the streets, rights of way and access plans.
District of Bassetlaw	Shortleys Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in light blue on sheet 17 of the streets, rights of way and access plans.
District of Bassetlaw	Torksey Ferry Road	Temporarily closed to all traffic save for traffic under the direction of the undertaker for the width of the street for the length shown in light blue on sheets 17 and 18 of the streets, rights of way and access plans.

PART 2 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED

(1) Area	(2) Public right of way	(3) Measure
District of West Lindsey	LL “Bram ” 66/1	Public right of way to be temporarily closed and diverted between the points PRoW-12/01 and PRoW-12/02 as shown on sheet 12 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Cottam ” FP3	Public right of way to be temporarily closed and diverted between the points PRoW-14/01 and PRoW-14/02 as shown on sheet 14 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Cottam ” RB4	Public right of way to be temporarily closed and diverted between the points PRoW-14/03 and PRoW-14/04 as shown on sheet 14 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “South Leverton ” BOAT16	Public right of way to be temporarily closed and diverted between the points PRoW-15/01 and PRoW-15/02 as shown on sheet 15 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP5	Public right of way to be temporarily closed and diverted between the points PRoW-17/01 and PRoW-17/02 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP6	Public right of way to be temporarily closed and diverted between the points PRoW-17/03 and PRoW-17/04 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT13	Public right of way to be temporarily closed and diverted between the points PRoW-17/06 and PRoW-18/02 as shown on sheets 17 and 18 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP20	Public right of way to be temporarily closed and diverted between the points PRoW-17/12 and PRoW-17/13 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT12	Public right of way to be temporarily closed and diverted between the points PRoW-17/14 and PRoW-17/15 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.

PART 3 — PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY

(1) Area	(2) Public right of way	(3) Measures
District of West Lindsey	LL “Knai ” 44/1	Permanent use of motor vehicles under the direction of the undertaker between points PRoW-2/01 and PRoW-2/02 as shown on sheet 2 of the streets, access and rights of way plans to facilitate construction and operation of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT13	Permanent use of motor vehicles under the direction of the undertaker between points PRoW-17/07 and PRoW-18/02 as shown on sheets 17 and 18 of the streets, access and rights of way plans to facilitate construction and operation of the authorised development.

PART 4 — TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY

(1) Area	(2) Public right of way	(3) Measure (Public Right of Way to be managed during construction to maintain Public Right of Way continuity and access through the site)
District of West Lindsey	LL “Knai ” 44/1	Public Right of Way between points PRoW-2/01 and PRoW-2/02 as shown on sheet 2 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of West Lindsey	LL “Mton ” 68/1	Public Right of Way between points PRoW-11/01 and PRoW-11/02 as shown on sheet 11 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Cottam ” FP1	Public Right of Way between points PRoW-13/01 and PRoW-13/02 as shown on sheet 13 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “South Leverton ” BOAT16	Public Right of Way between points PRoW-15/02 and PRoW-15/03 as shown on sheet 15 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT13	Public Right of Way between points PRoW-17/05 and PRoW-17/06 as shown on sheet 17 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT13	Public Right of Way between points PRoW-17/08 and PRoW-17/09 as shown on sheet 17 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP20	Public Right of Way between points PRoW-17/12 and PRoW-17/13 as shown on sheet 17 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT12	Public Right of Way between points PRoW-17/14 and PRoW-17/15 as shown on sheet 17 of the streets, access and rights of way plans to be managed during construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT13	Public Right of Way between points PRoW-17/07 and PRoW-18/01 as shown on sheets 17 and 18 of the streets, access and rights of way plans to be managed during construction of the authorised development.

PART 5 — TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY

(1) Area	(2) Public right of way	(3) Measure (Public Right of Way to be managed during construction to maintain Public Right of Way continuity and access through the site)
District of Bassetlaw	NT “Cottam ” FP3	Use of motor vehicles under the direction of the undertaker between points PRoW-14/01 and PRoW-14/02 as shown on sheet 14 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Cottam ” RB4	Use of motor vehicles under the direction of the undertaker between points PRoW-14/03 and PRoW-14/04 as shown on sheet 14 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “South Leverton ” BOAT16	Use of motor vehicles under the direction of the undertaker between points PRoW-15/01 and PRoW-15/02 as shown on sheet 15 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP5	Use of motor vehicles under the direction of the undertaker between points PRoW-17/01 and PRoW-17/02 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” FP20	Use of motor vehicles under the direction of the undertaker between points PRoW-17/12 and PRoW-17/13 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.
District of Bassetlaw	NT “Rampton ” BOAT12	Use of motor vehicles under the direction of the undertaker between points PRoW-17/14 and PRoW-17/15 as shown on sheet 17 of the streets, access and rights of way plans to facilitate construction of the authorised development.

SCHEDULE 7 — PERMANENT MEANS OF ACCESS TO WORKS

(1) Area	(2) Street	(3) Description of means of access
District of West Lindsey	Kexby Lane B1241 Eastbound	The provision of a permanent means of access to the authorised development from the point marked 1/02 on the streets, access and rights of way plans.
District of West Lindsey	Kexby Lane B1241 Westbound	The provision of a permanent means of access to the authorised development from the point marked 1/05 on the streets, access and rights of way plans.
District of West Lindsey	Gainsborough Road A156 Southbound	The provision of a permanent means of access to the authorised development from the point marked 4/02 on the streets, access and rights of way plans.
District of West Lindsey	Marton Road Northbound	The provision of a permanent means of access to the authorised development from the point marked 7/01 on the streets, access and rights of way plans.
District of West Lindsey	Marton Road Northbound	The provision of a permanent means of access to the authorised development from the point marked 7/02 on the streets, access and rights of way plans.
District of West Lindsey	Marton Road Northbound	The provision of a permanent means of access to the authorised development from the point marked 7/03 on the streets, access and rights of way plans.
District of West Lindsey	Clay Lane Westbound	The provision of a permanent means of access to the authorised development from the point marked 10/09 on the streets, access and rights of way plans.
District of West Lindsey	Clay Lane Westbound	The provision of a permanent means of access to the authorised development from the point marked 10/11 on the streets, access and rights of way plans.
District of West Lindsey	Clay Lane Eastbound	The provision of a permanent means of access to the authorised development from the point marked 10/14 on the streets, access and rights of way plans.
District of West Lindsey	Eastbound carriageway of Stow Park Road	The provision of a permanent means of access to the authorised development from the point marked 11/06 on the streets, access and rights of way plans.
District of West Lindsey	Westbound carriageway of Stow Park Road	The provision of a permanent means of access to the authorised development from the point marked 11/07 on the streets, access and rights of way plans.
District of West Lindsey	A156 High Street Northbound	The provision of a permanent means of access to the authorised development from the point marked 12/09 on the streets, access and rights of way plans.
District of West Lindsey	Northbound Carriageway of A156 High Street	The provision of a permanent means of access to the authorised development from the point marked 12/10 on the streets, access and rights of way plans.
District of West Lindsey	Southbound Carriageway of A156	The provision of a permanent means of access to the authorised development from the point marked 12/11 on the streets, access and rights of way plans.
District of Bassetlaw	Field gate off existing access 14/03	The provision of a permanent means of access to the authorised development from the point marked 14/02 on the streets, access and rights of way plans.
District of Bassetlaw	Headstead Bank Southbound	The provision of a permanent means of access to the authorised development from the point marked 14/03 on the streets, access and rights of way plans.
District of Bassetlaw	Headstead Bank Northbound	The provision of a permanent means of access to the authorised development from the point marked 14/20 on the streets, access and rights of way plans.
District of Bassetlaw	Cow Pasture Lane	The provision of a permanent means of access to the authorised development from the point marked 15/09 on the streets, access and rights of way plans.
District of Bassetlaw	Cottam Road Eastbound	The provision of a permanent means of access to the authorised development from the point marked 15/10 on the streets, access and rights of way plans.
District of Bassetlaw	Cottam Road Westbound	The provision of a permanent means of access to the authorised development from the point marked 15/01 on the streets, access and rights of way plans.
District of Bassetlaw	Cow Pasture Lane	The provision of a permanent means of access to the authorised development from the point marked 15/15 on the streets, access and rights of way plans.
District of Bassetlaw	Torksey Ferry Road Eastbound	The provision of a permanent means of access to the authorised development from the point marked 17/02 on the streets, access and rights of way plans.
District of Bassetlaw	Torksey Ferry Road Westbound	The provision of a permanent means of access to the authorised development from the point marked 17/05 on the streets, access and rights of way plans.
District of Bassetlaw	Shortleys Road Northbound	The provision of a permanent means of access to the authorised development from the point marked 17/18 on the streets, access and rights of way plans.
District of Bassetlaw	Shortleys Road Southbound	The provision of a permanent means of access to the authorised development from the point marked 17/19 on the streets, access and rights of way plans.

SCHEDULE 8 — TRAFFIC REGULATION MEASURES

(1) Area	(2) Extent of temporary traffic signal and banksman control area
B1241 Kexby Lane Eastbound and Westbound Carriageway to facilitate construction of the solar and energy storage park	Extents of traffic signals and banksman control presented on Sheet 1 of the Traffic Regulation Measures Plans
A156 Gainsborough Road Northbound and Southbound Carriageway to facilitate construction of the solar and energy storage park	Extents of traffic signals and banksman control presented on Sheets 4, 5 and 9 of the Traffic Regulation Measures Plans
Clay Lane Eastbound and Westbound Carriageway to facilitate the construction of operation accesses only for the solar and energy storage park	Extents of traffic signals and banksman control presented on Sheet 10 of the Traffic Regulation Measures Plans
Private Means of Access off Marton Road Northbound to facilitate construction of the solar and energy storage park	Extents of traffic signals and banksman control presented on Sheet 7 of the Traffic Regulation Measures Plans
Junction of A1500 Stow Park Road and A156 High Street to facilitate abnormal load access to the solar and energy storage park	Extents of traffic signals and banksman control presented on Sheet 11 of the Traffic Regulation Measures Plans
A1500 Stow Park Road Eastbound and Westbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 11 of the Traffic Regulation Measures Plans
A156 High Street Northbound and Southbound Carriageway adjacent to existing sewage works to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 12 of the Traffic Regulation Measures Plans
A156 High Street Northbound and Southbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 12 of the Traffic Regulation Measures Plans
Headstead Bank Northbound and Southbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 14 of the Traffic Regulation Measures Plans
Cow Pasture Lane Northbound and Southbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 15 of the Traffic Regulation Measures Plans
Cottam Road Eastbound and Westbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 15 of the Traffic Regulation Measures Plans
Torksey Ferry Road Eastbound and Westbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 17 of the Traffic Regulation Measures Plans
Nightleys Road Northbound and Southbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 17 of the Traffic Regulation Measures Plans
Shortleys Road Northbound and Southbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheet 17 of the Traffic Regulation Measures Plans
Torksey Ferry Road Eastbound and Westbound Carriageway to facilitate construction of the cable installation works	Extents of traffic signals and banksman control presented on Sheets 17 and 18 of the Traffic Regulation Measures Plans

SCHEDULE 9 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

“access rights” means rights over land to— alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays, bridges and road widening and to remove impediments (including vegetation) to such access; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

“cable rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain electrical underground cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other ancillary apparatus and structures (including but not limited to access chambers, manholes and marker posts) and any other works necessary together with the right to fell, trim or lop trees and bushes which may obstruct or interfere with the said cables, telecommunications and other ancillary apparatus; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; continuous vertical and lateral support for the authorised development; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodlands, shrubs, hedgerows, seeding, landscaping and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs, hedgerows, landscaping and other ecological measures the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of landscaping and ecological mitigation or enhancement works; install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain security fencing, gates, boundary treatment, public rights of way and any other ancillary apparatus and any other works as necessary; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove vegetation and restrict the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;

“services rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, refurbish, reconstruct, retain, renew, improve and maintain sewers, drains, pipes, ducts, mains, conduits, services, flues and to drain into and manage waterflows in any drains, watercourses and culverts; remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; and restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; (1) Plot reference number shown on the Land Plans (2) Purposes for which rights over land may be required and restrictive covenants imposed 1/3access rights1/6cable rights3/2cable rights4/3access rights and services rights4/4access rights and services rights5/1access rights and services rights5/2access rights and services rights5/11cable rights6/3cable rights6/6cable rights6/7cable rights6/8cable rights6/10cable rights6/11cable rights7/3access rights7/6access rights7/7access rights9/1access rights and services rights9/2access rights9/3access rights and services rights10/1access rights10/2access rights and services rights10/5cable rights10/6cable rights10/7cable rights10/10access rights10/15cable rights11/1access rights11/2access rights11/3access rights11/4access rights11/5cable rights11/6cable rights11/7cable rights11/8cable rights12/1cable rights12/2cable rights12/3access rights12/4cable rights12/5access rights12/6cable rights12/7cable rights12/8access rights12/9cable rights12/13access rights12/14access rights12/15access rights12/16access rights12/17access rights12/18cable rights12/19cable rights12/20cable rights12/21cable rights12/22cable rights12/23cable rights12/24cable rights12/25cable rights13/1cable rights13/2cable rights13/3cable rights13/4cable rights13/5cable rights13/6cable rights13/7cable rights13/8cable rights14/1cable rights14/2cable rights14/3cable rights14/4cable rights14/5cable rights14/6access rights14/7cable rights14/8cable rights14/9cable rights14/10access rights14/11access rights14/12access rights14/13cable rights14/14cable rights14/15cable rights14/16cable rights14/17cable rights14/18cable rights14/19cable rights14/20access rights15/1access rights15/2cable rights15/3cable rights15/4cable rights15/5cable rights15/6cable rights15/8cable rights15/9cable rights15/10access rights15/11cable rights15/12cable rights15/13cable rights15/14access rights16/1access rights16/2access rights16/3access rights17/1cable rights17/2cable rights17/3cable rights17/4cable rights17/5cable rights17/6cable rights17/7cable rights17/8cable rights17/13access rights17/14cable rights17/15cable rights17/16cable rights17/17cable rights17/18cable rights17/19cable rights

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph ‎1, the Land Compensation Act 1973[^f00061] has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph ‎5—

(a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

(1) Without limitation on the scope of paragraph ‎1, the 1961 Act has effect subject to the modifications set out in sub-paragraph ‎(2).

(2) In section 5A(5A) (relevant valuation date), omit the words after “if—” and substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuant of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph ‎5(5) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants)) to the Gate Burton Energy Park Order 2024; (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph ‎5(7) of Schedule 10 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of new restrictive covenants) to the Gate Burton Energy Park Order 2024) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act to the acquisition of land under article ‎18 (compulsory acquisition of land) and as modified by article ‎25 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article ‎20 (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph ‎5; and

(b) with such other modifications as may be necessary.

5

(1) The modifications referred to in paragraph ‎4(a) are as follows—

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

(3) For section 7 of the 1965 Act (measure of compensation in case of severance) substitute—

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