Legalize / United Kingdom / Statutory-Instrument

The Heckington Fen Solar Park Order 2025

Type Statutory-Instrument

Publication 2025-01-24

Last updated 2025-04-14

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

“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, control cables, security cables, communication cables, and optical fibre cables; andworks associated with cable laying including cable sealing ends, jointing pits, hardstanding adjoining the jointing pits, combiner boxes, link 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;

“existing substation” means the existing substation at Bicker Fen, Bicker, Lincolnshire, PE20 3BQ, owned and operated by NGET;

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

“mounting structure” means a frame or rack or table made of galvanised steel or other material designed to support the solar modules and mounted on piles driven into the ground by one of the following methods—piles rammed into a hole;a pillar attaching to a steel ground screw; ora pillar set in concrete in a pre-made hole in the ground (micro piled);

“solar module” means a solar photovoltaic panel designed to convert solar irradiance to electrical energy fitted to mounting structures;

“solar station” means a station comprising inverters, transformers, switchgear and associated ancillary and control equipment with each component either—located outside, sitting on either ground bearing or piled reinforced concrete foundation slabs; orhoused together within a container sitting on either a ground bearing or piled reinforced concrete foundation slab;

“substation” means a compound, containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation mounted on a reinforced foundation slab or piling;

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

“transformer” means a structure containing an electrical device to transform electricity by increasing or reducing the voltage.

2

In the Districts of North Kesteven and Boston in the County of Lincolnshire, 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.

Associated Development

Associated development within the meaning of section 115(2) of the 2008 Act including—

Work No. 2— an energy storage facility comprising—

(a) energy storage cells;

(b) a network of electrical cable circuits;

(d) a structure protecting the energy storage cells and ancillary equipment, being either one container or multiple containers, mounted on a reinforced concrete foundation slab or concrete piling;

(e) heating, ventilation and air conditioning (HVAC) or liquid cooling systems;

(f) energy storage stations comprising—

(i) inverters and transformers; and

(ii) switchgear and ancillary equipment;

(g) monitoring and control systems;

(h) fire safety infrastructure comprising fire suppression system; and

(i) storage structures for the purposes of firefighting comprising containment tanks or a concrete water storage basin or lagoon for the purpose of firefighting.

Work No. 3— reception areas, temporary cabins, construction compounds and parking, gatehouses, and service areas in connection with Work No. 1A, Work No. 1B, Work No. 2, Work No. 4, and Work No. 5.

Work No. 4— an onsite substation and works in connection with the onsite substation including—

(a) transformers, including associated cooling equipment, bunding and blast walls;

(b) switchgear, including circuit breakers, disconnectors and earth switches;

(c) substation electrical apparatus, including bus-bars, steel supports, insulation posts, cable sealing ends, surge arrestor, instrument transformers;

(d) harmonic filtering reactive power compensation equipment;

(e) substation buildings;

(f) control buildings or containers;

(g) welfare facilities and hardstanding areas;

(h) a network of cable circuits;

(i) electrical cables connecting to Work No. 1A, Work No. 1B, and Work No. 2; and

(j) flood protection measures.

Work No. 5— works to lay electrical cables between Work No. 4 and Work No. 6A.

Work No. 5A— works to lay electrical cables from Work No. 5 at approximately 52° 56′ 14.1″ N, 0° 13′ 12.0″ W, and 52° 56′ 09.9″ N, 0° 13′ 11.3″ W, running in a southerly and south easterly direction to Work No. 5 at approximately 52° 55′ 51.1″ N, 0° 13′ 19.0″ W, and 52° 55′ 48.7″ N, 0° 13′ 21.2″ W.

Work No. 5B— works to lay electrical cables from Work No. 5 at approximately 52° 56′ 15.5″ N, 0° 13′ 07.7″ W, and 52° 56′ 09.9″ N, 0° 13′ 11.3″ Wrunning in a south east and south westerly direction to Work No. 5 at approximately 52° 55′ 51.1″ N, 0° 13′ 19.0″ E, and 52° 55′ 50.0″ N, 0° 13′ 17.9″ W.

Work No. 6A— creation of a new generation bay and associated works at the existing substation, including—

(a) an electrical bay to connect into the existing network at Work No. 6B, including associated outdoor air insulated switchgear (AIS) or indoor gas insulated switchgear (GIS) and electrical apparatus, circuit breakers, disconnectors and earth switches;

(b) substation electrical apparatus, including bus-bars, steel supports, insulation posts, cable sealing ends, surge arrestors, instrument transformers;

(d) underground and above ground electrical cables and electrical connectors, including cables for power, control and communication with electrical bays and to connect into Work No. 6B, including associated outdoor AIS or indoor GIS and electrical apparatus.

Work No. 6B—an extension to the existing substation, including—

(a) outdoor AIS or indoor GIS, including circuit breakers, disconnectors and earth switches;

(b) substation electrical apparatus, including bus-bars, bus-section and a bus-coupler, steel supports, insulation posts, cable sealing ends, surge arrestors, instrument transformers; and

(c) underground and above ground electrical cables and electrical conductors, including cables for power, control and communication with electrical bays and to connect into Work No. 6A and the existing network within the existing substation, including associated outdoor AIS or indoor GIS and electrical apparatus.

Work No. 6C—works in connection with the extension to the existing substation, including—

(a) a cable sealing end compound and construction of a new circuit bay connecting into the existing substation; and

(b) underground and above ground electrical cables and electrical conductors, connecting the existing 400kV transmission tower and the new feeder bay.

Work No. 7— two temporary laydown areas in connection with Work No. 5 and Work No. 6A, 6B, and 6C including—

(a) areas of hardstanding, compacted ground or tracking matting;

(b) car parking and access;

(d) site and welfare offices and cabins;

(e) security infrastructure, including cameras, perimeter fencing and lighting;

(f) site drainage and waste management infrastructure (including sewerage); and

(g) electricity, water, waste water and telecommunications connections.

Work No. 8— works to create and maintain a permanent means of access from the A17 to Work No. 1A, Work No. 1B, Work No. 2, Work No. 3 and Work No. 4.

Work No. 9A— works to create, enhance and maintain green infrastructure and create biodiversity net gain areas, including—

(a) soft landscaping and planting, including tree planting;

(b) landscape and biodiversity enhancement measures;

(d) hard standing and hard landscaping;

(e) drainage and irrigation infrastructure and improvements or extensions to existing irrigation systems;

(f) fencing, gates, boundary treatment and other means of enclosure; and

(g) improvement, maintenance and use of existing private tracks.

Work No. 9B— works to create a permissive path, including installing up to two footbridges, fencing, gates, boundary treatment and other means of enclosure.

Work No. 9C— works to create a community orchard.

Work No. 10— works to existing streets to facilitate access to Work Nos. 1 to 9B.

Further Associated Development

In connection with and in addition to Work Nos.1 to 10 further associated development including—

(a) works within highways, including—

(i) alteration of the layout of any street permanently or temporarily, including increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycleway, or verge within the street including removal of any vegetation; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street including removal of any vegetation; and works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

(ii) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

(iii) relocation, removal or provision of new road traffic signs, signals, street lighting, road restraints and carriageway lane markings;

(iv) works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers’ apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments; and

(v) works to facilitate traffic management and to deliver information relating to the authorised development; and

(b) other works and development, including—

(i) works for the provision of fencing and security measures such as CCTV, lighting, communication boxes and access control booths;

(ii) laying down of internal access tracks, ramps, means of access, footpaths, and roads;

(iii) bunds, embankments, trenching and swales;

(iv) boundary treatments, including means of enclosure;

(v) laying out and surfacing of permissive paths, including the laying and construction of drainage infrastructure, signage and information boards;

(vi) foundations for structures of buildings being reinforced concrete pad foundations with piled foundations employed in locations where the ground is not sufficiently stiff to allow for pad foundations;

(vii) works to the existing irrigation system and works to alter the position and extent of such irrigation system;

(viii) electrical, gas, water, foul water drainage and telecommunications infrastructure connections and works to, and works to alter the position of, such services and utilities connections;

(ix) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(x) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage systems;

(xi) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structures); earthworks (including soil stripping and storage and site levelling) and excavations; the alteration of the position of services and utilities; and works for the protection of buildings and land;

(xii) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development; and

(xiii) tunnelling, boring and drilling works,

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“county authority” means Lincolnshire County Council;

“both relevant planning authorities” means North Kesteven District Council and Boston Borough Council each being the relevant planning authority for part of the authorised development.

Commencement of the authorised development

2

The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Phasing the authorised development and date of final commissioning

3

(1) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to both relevant planning authorities and the county authority.

(2) The scheme submitted pursuant to paragraph (1) must include—

(a) a timetable for the construction of the phase or phases of the authorised development;

(b) a plan identifying the phasing area(s); and

(c) a statement that the phasing is in line with the assumptions in the environmental statement and is unlikely to give rise to any materially new or materially different environmental effects compared to those assessed in the environmental statement.

(3) The phasing scheme must be implemented as notified under paragraph (1).

(4) The written scheme referred to in paragraph (1) must include notification of whether the undertaker will proceed with Work No. 5A or Work No. 5B.

(5) In respect of the phase or phases, the undertaker must give notice to both relevant planning authorities within 21 days of the date of final commissioning that final commissioning of the phase or, where there is more than one phase, each phase has taken place.

Requirement for written approval

4

Where under any of the requirements the approval, agreement or confirmation of both relevant planning authorities or the county authority or relevant planning authority (as applicable) or another person is required, that approval, agreement or confirmation must be provided in writing.

Approved details and amendments to them

5

(1) With respect to the documents certified under article 37 (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 county authority or relevant planning authority or both relevant planning authorities (as applicable) for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the county authority or relevant planning authority or both 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 county authority, the relevant planning authority or both 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.

Detailed design approval

6

(1) No phase 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, junction improvements and passing places;

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

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

(i) programme for landscaping works,

relating to that phase have been submitted and approved in writing by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities in consultation with the county authority.

(2) The details submitted must accord with the outline design principles and the flood risk assessment and, where relevant, demonstrate how they have taken account of relevant results of any archaeological investigations or archaeological evaluations carried out pursuant to requirement 12.

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

(4) Sub-paragraph (1) does not apply to the matters listed under sub-paragraph (1)(f) if consent has already been given to the details of those works pursuant to articles 9, 10, or 12.

Fire safety management

7

(1) Work No. 2 must not commence until an energy storage safety management plan (ESSMP), substantially in accordance with the outline energy storage safety management plan, has been submitted to and approved by the county authority in consultation with North Kesteven District Council, Boston Borough Council, and the Lincolnshire Fire and Rescue Service.

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

(3) The ESSMP must be implemented as approved.

Landscape ecological management plan

8

(1) No phase of the authorised development may commence until a written landscape ecological management plan (which is substantially in accordance with the outline landscape ecological management plan) has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

(2) The landscape ecological management plan must include details relevant for the phase of works in relation to—

(a) the location, number, species, size and planting density of any proposed planting including details of any proposed tree and hedgerow planting and the proposed times of such planting;

(b) an implementation timetable, including whether any further survey work is to be carried out;

(c) how a minimum of 65% biodiversity net gain in habitat units, calculated using The Statutory Biodiversity Metric published by the Department for Environment, Food and Rural Affairs on 29 November 2023 (or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body), will be secured during the operation of the whole of the authorised development; and

(d) how the landscaping and ecology measures will be managed, maintained, and monitored during the operational life of the authorised development to the date on which the decommissioning and restoration plan is implemented pursuant to requirement 18 (decommissioning and restoration).

(3) Any hedgerow, shrub or tree planted as part of the approved plan that, within a period of seven years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted (unless a different species is otherwise approved by the relevant planning authority).

(4) The landscape ecological management plan must be implemented as approved.

Implementation and maintenance of landscaping

9

All landscaping works must be carried out in accordance with the landscape ecological management plan approved under requirement 8 (landscape ecological management plan) as relevant to that phase.

Fencing and other means of enclosure

10

(1) No phase 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 phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

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

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

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

(5) In the event that temporary fences, walls or other means of enclosure are required for the permitted preliminary works, no permitted preliminary works may take place until written details of all proposed temporary fences, walls or other means of enclosure required for such works have been submitted to and approved by the relevant planning authority or, where the permitted preliminary works fall within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

Surface and foul water drainage

11

(1) No phase of the authorised development may commence until details of the surface water drainage strategy and (if any) foul water drainage system (including means of pollution control) (which must be substantially in accordance with the outline drainage strategy in the flood risk assessment) for that phase have been submitted to and approved by the county authority, such approval to be in consultation with the Black Sluice Internal Drainage Board and Anglian Water (in respect of its sewerage undertaker functions).

(2) Any scheme approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Archaeology

12

(1) Any part of Work No. 5, Work No. 5A, and Work No. 5B that has not already been subject to archaeological evaluation must not commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation – evaluation) has been submitted to and approved by the county authority, in consultation with the relevant planning authority.

(2) No phase of the authorised development may commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation – mitigation) for that phase has been submitted to and approved by the county authority, in consultation with the relevant planning authority.

(3) In the event that archaeological site investigation is required, the scheme(s) must include details of the following—

(a) an overview of the previous archaeological site investigations and their results;

(b) the programme and methodology of the forthcoming site investigation, analysis, and recording (including reference to regional research frameworks as applicable);

(c) the programme and methodology of the post site investigation assessment (with additional method statements needing to be prepared and approved once the archaeological resource is better known from the site investigation);

(d) provision for archive deposition, publication, and dissemination of the analysis and records of the site investigation; and

(e) nomination of a competent person, persons or organisation to undertake the works set out within the written scheme of investigation.

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

(5) No pre-commencement intrusive archaeological surveys, site preparation works and archaeological investigations may take place until a specific scheme(s) of investigations which is in accordance with the relevant details set out in the outline written scheme of investigations has been submitted to and approved by the county authority, in consultation with the relevant planning authority.

Construction environmental management plan

13

(1) No phase of the authorised development may commence until a construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities, such approval to be in consultation with the county 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.

Construction traffic management plan

14

(1) No phase of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the outline construction traffic management plan) for that phase has been submitted to and approved by the county authority, such approval to be in consultation with the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

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

Operational noise

15

(1) Work No. 1A, Work No. 2, and Work No. 4 must not begin operating until an operational noise assessment containing details of how the design of Work No. 1A, Work No. 2 and Work No. 4 ensures the operational noise rating levels set out in Table 12.8 of Chapter 12 of the environmental statement are to be complied with has been submitted to and approved by both relevant planning authorities.

(2) The measures as described in the operational noise assessment must be implemented and maintained as approved throughout the operation of the authorised development.

Supply chain, employment and skills

16

(1) No part of Works No. 1, 2, 3, 4, 5, 5A and 5B may commence until a supply chain, employment, and skills plan (which must be substantially in accordance with the outline supply chain, employment, and skills plan) has been submitted to and approved by both relevant planning authorities, such approval to be in consultation with the county authority.

(2) The supply chain, employment, and skills plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development (excluding Work No. 6B and 6C), and the means for publicising such opportunities.

(3) The supply chain, employment, and skills plan must be implemented as approved.

Permissive path

17

(1) Prior to the construction of the permissive path, the undertaker must submit details of the permissive path to the county authority for approval, such approval to be in consultation with North Kesteven District Council, such details to cover—

(a) final routing of the permissive path to be provided, such routing to be substantially in accordance with the routing as shown on the plans contained within the outline landscape ecological management plan;

(b) the specification of the permissive path; and

(2) The permissive path must be provided and open to the public prior to the date of final commissioning in respect of the phase which includes the permissive path.

(3) The permissive path must be provided and maintained in accordance with the permissive path details and retained until the part of the authorised development in which the permissive path is located is decommissioned pursuant to requirement 18 (decommissioning and restoration).

Decommissioning and restoration

18

(1) 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 and county authority of the intended date of decommissioning.

(2) Within 12 months of the date notified pursuant to paragraph (1) but no later than 6 months prior to the 40 year period referred to in paragraph (3), the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of North Kesteven and the Borough of Boston) for approval a decommissioning and restoration plan for that part, such approval to be in consultation with the county authority and the Environment Agency.

(3) Save for Work No. 6B, 6C and Work No. 9C, decommissioning must commence no later than 40 years following the date of final commissioning that is the subject of the last notice given by the undertaker pursuant to requirement 3(5) (phasing of the authorised development and date of final commissioning).

(4) The plan submitted and approved pursuant to paragraph (2) must be substantially in accordance with the relevant part of the outline decommissioning and restoration plan.

(5) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has or have approved the plan submitted under paragraph (2) in relation to such works.

(6) The plan submitted and approved pursuant to paragraph (2) must be implemented as approved.

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

Operational Environmental Management Plan

19

(1) Prior to the date of final commissioning for any phase of the authorised development, an operational environmental management plan (which must be substantially in accordance with the outline operational environmental management plan) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

(2) The relevant plan submitted pursuant to paragraph (1) must include details of how sheep grazing will be managed and maintained within the fenced areas of the solar park at Work No. 1 throughout the operation of the authorised development.

(3) The operation of any phase of the authorised development must be carried out and maintained in accordance with the approved operational environmental management plan for that phase.

Soil Management Plan

20

(1) No phase of the authorised development may commence until a soil management plan (which must be substantially in accordance with the relevant part of the outline soil management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of North Kesteven and the Borough of Boston, both relevant planning authorities.

(2) The construction of any phase of the authorised development must be carried out in accordance with the approved soil management plan for that phase.

Community Orchard

21

(1) Prior to the construction of the community orchard, the undertaker must submit the community orchard details to North Kesteven District Council for approval, such details to cover—

(a) location and layout, the number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting of the community orchard, to be substantially in accordance with the plans contained within the outline landscape ecological management plan; and

(b) the maintenance regime for the community orchard.

(2) The community orchard must be provided within six months of the date of final commissioning of the last phase of Work No. 1.

(3) The community orchard must be provided and maintained in accordance with the approved maintenance regime.

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) Witham Drainage Act 1762[^f00043];

(b) Witham Navigation and Drainage Act 1812[^f00044];

(d) Land Drainage (Black Sluice) Provisional Order Confirmation Act 1925[^f00046];

(e) Black Sluice Drainage Act 1846[^f00047];

(f) Black Sluice Internal Drainage Board Complete Land Drainage Byelaws 1988[^f00048];

(g) Great Northern Railway (Spalding to Lincoln) Act 1878[^f00049];

(h) Great Northern and Great Eastern Railway Companies Act 1879[^f00050];

(i) Boston, Sleaford and Midland Counties Railway Act 1853[^f00051];

(j) Anglian Water Authority Act 1977[^f00052]; and

(k) Lincoln Waterworks Act 1846[^f00053].

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.

(1) District in which street is located	(2) Street	(3) Description of the street works
Boston Borough Council	A17	Cable works beneath the width of the highway between the points marked G to H shown in blue on sheet 7 of the streets and access plan, (document reference 2.7).
Boston Borough Council	Public Right of Way Swhd/14/1	Cable works beneath the width of the highway between the points marked C to D shown in blue on sheet 7 of the rights of way plan, (document reference 2.3).
Boston Borough Council	Royalty Lane	Cable works beneath the width of the highway between the points marked I to J shown in blue on sheet 7 of the streets and access plan, (document reference 2.7).
Boston Borough Council	Timms Drove	Cable works beneath the width of the highway between the points marked S to T shown in blue on sheet 9 of the streets and access plan, (document reference 2.7).
Boston Borough Council	North Drove	Cable works beneath the width of the highway between the points marked U to V shown in blue on sheet 10 of the streets and access plan, (document reference 2.7).
Boston Borough Council	Private Track leading from Timms Drove	Cable works beneath the width of the highway between the points marked Y to Z shown in blue on sheet 11 of the streets and access plan, (document reference 2.7).
Boston Borough Council	Bicker Drove	Cable works beneath the width of the highway between the points marked AA to AB shown in blue on sheet 12 of the streets and access plan, (document reference 2.7).

SCHEDULE 5 — ALTERATION OF LAYOUT OF STREETS

PART 1 — PERMANENT ALTERATION OF LAYOUT OF STREETS

(1) District in which street is located	(2) Street	(3) Description of alteration
North Kesteven District Council	A17	Works for the provision of a permanent means of access to the authorised development from the north side of the A17, at point EP/B and within the area shown hatched in pink on sheet 5 of the streets and access plan, (document reference 2.7).
Boston Borough Council	A17	Works for the provision of a permanent means of access to the authorised development from the south side of the A17, at point CR/B and the area shown hatched in pink on sheet 7 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17	Works for the provision of a permanent means of access to the authorised development from the north side of the A17, at point CR/C and the area shown hatched in pink on sheet 7 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	Works for the provision of a permanent means of access to the authorised development from the Triton Knoll access track and Timms Drove, at point CR/F and the area shown hatched in pink on sheet 9 of the streets and access plan (document reference 2.7).
Boston Borough Council	Timms Drove	Works for the provision of a permanent means of access to the authorised development from the south side of Timms Drove, at point CR/G and the area shown hatched in pink on sheet 9 of the streets and access plan (document reference 2.7).
Boston Borough Council	North Drove	Works for the provision of a permanent means of access to the authorised development from the north side of North Drove, at point CR/H and the area shown hatched in pink on sheet 10 of the streets and access plan (document reference 2.7).
Boston Borough Council	North Drove	Works for the provision of a permanent means of access to the authorised development from the south side of North Drove, at point CR/I and the area shown hatched in pink on sheet 10 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	Works for the provision of a permanent means of access to the authorised development from the north of the private track to the east of Timms Drove, at point CR/J and the area shown hatched in pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	Works for the provision of a permanent means of access to the authorised development from the south of the private track to the east of Timms Drove, at point CR/K and the area shown hatched in pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	Works for the provision of a permanent means of access to the authorised development from the private track to the east of Timms Drove, at point CR/L and the area shown hatched in pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	Works for the provision of a permanent means of access to the authorised development from the south side of Bicker Drove, at point CR/M and the area shown hatched in pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	Works for the provision of a permanent means of access to the authorised development from the north side of Bicker Drove, at point CR/N and the area shown hatched in pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	Works for the provision of a permanent means of access to the authorised development from the south side of Bicker Drove, at point CR/O and the area shown hatched in pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Vicarage Drove	Works for the provision of a permanent means of access to the authorised development from the west side of Vicarage Drove, at point CR/P and the area shown hatched in pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Vicarage Drove/Private Track	Works for the provision of a permanent means of access to the authorised development from the north side of Vicarage Drove, at point CR/Q and the area shown hatched in pink on sheet 12 of the streets and access plan (document reference 2.7).

PART 2 — TEMPORARY ALTERATION OF LAYOUT OF STREETS

(1) District in which street is located	(2) Street	(3) Description of alteration
North Kesteven District Council	A17	Works to enable the construction of the authorised development, including the temporary widening of the carriageway between the points marked C and D shown cross hatched on sheet 5 of the streets and access plan (document reference 2.7).
North Kesteven District Council	A17	Works for the provision of a temporary means of access to the authorised development from the north side of the A17, at point EP/A and the area hatched purple on sheet 5 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17/Royalty Lane	Works for the provision of a temporary means of access to the authorised development from the west side of the A17, at point CR/D and the area hatched purple on sheet 7 of the streets and access plan (document reference 2.7).

SCHEDULE 6 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) District in which public right of way is located	(2) Public right of way to be temporarily closed	(3) Extent of temporary closure
North Kesteven District Council	Footpath Heck 15/1	Between the points marked A to B as shown on sheets 1 to 3 of the rights of way plan.

SCHEDULE 7 — ACCESS TO WORKS

PART 1 — PERMANENT MEANS OF ACCESS TO WORKS

(1) District in which access is located	(2) Street	(3) Description of means of access
North Kesteven District Council	A17	The provision of a permanent means of access to the authorised development from the north side of the A17, at point EP/B and the area coloured pink on sheet 5 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17	The provision of a permanent means of access to the authorised development from the south side of the A17, at point CR/B and the area coloured pink on sheet 7 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17	The provision of a permanent means of access to the authorised development from the north side of the A17, at point CR/C and the area coloured pink on sheet 7 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17/Triton Knoll Private Track	The provision of a permanent means of access to the authorised development from the west side of the A17, at point CR/E and the area coloured pink on sheet 8 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	The provision of a permanent means of access to the authorised development from the Triton Knoll access track and Timms Drove, at point CR/F and the area coloured pink on sheet 9 of the streets and access plan (document reference 2.7).
Boston Borough Council	Timms Drove	The provision of a permanent means of access to the authorised development from the south side of Timms Drove, at point CR/G and the area coloured pink on sheet 9 of the streets and access plan (document reference 2.7).
Boston Borough Council	North Drove	The provision of a permanent means of access to the authorised development from the north side of North Drove, at point CR/H and the area coloured pink on sheet 10 of the streets and access plan (document reference 2.7).
Boston Borough Council	North Drove	The provision of a permanent means of access to the authorised development from the south side of North Drove, at point CR/I and the area coloured pink on sheet 10 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	The provision of a permanent means of access to the authorised development from the north of the private track to the east of Timms Drove, at point CR/J and the area coloured pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	The provision of a permanent means of access to the authorised development from the south of the private track to the east of Timms Drove, at point CR/K and the area coloured pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Private Track	The provision of a permanent means of access to the authorised development from the private track to the east of Timms Drove, at point CR/L and the area coloured pink on sheet 11 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	The provision of a permanent means of access to the authorised development from the south side of Bicker Drove, at point CR/M and the area coloured pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	The provision of a permanent means of access to the authorised development from the north side of Bicker Drove, at point CR/N and the area coloured pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Bicker Drove	The provision of a permanent means of access to the authorised development from the south side of Bicker Drove, at point CR/O and the area coloured pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Vicarage Drove	The provision of a permanent means of access to the authorised development from the west side of Vicarage Drove, at point CR/P and the area coloured pink on sheet 12 of the streets and access plan (document reference 2.7).
Boston Borough Council	Vicarage Drove/Private Track	The provision of a permanent means of access to the authorised development from the north side of Vicarage Drove, at point CR/Q and the area coloured pink on sheet 12 of the streets and access plan (document reference 2.7).

PART 2 — TEMPORARY MEANS OF ACCESS TO WORKS

(1) District in which access is located	(2) Street	(3) Description of means of access
North Kesteven District Council	A17	The provision of a temporary means of access to the authorised development from the north side of the A17, at point EP/A and the area coloured purple on sheet 5 of the streets and access plan (document reference 2.7).
Boston Borough Council	A17/Royalty Lane	The provision of a temporary means of access to the authorised development from the west side of the A17, at point CR/D and the area coloured purple on sheet 7 of the streets and access plan (document reference 2.7).

SCHEDULE 8 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

“access rights” means rights over land to, for the purposes of the authorised development and in connection with the authorised development— 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 and to remove impediments to such access; 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; and restrict the erection of buildings or structures, restrict the altering of ground levels, restrict the planting of trees or carrying out operations or actions which may obstruct, interrupt or interfere with the exercise of the access rights.

“cable rights” means rights over land to— install, use, support, protect, inspect, alter, remove, replace, 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 apparatus and structures; 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 and to remove impediments to such access; install, use, support, protect, inspect, alter, remove, replace retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; 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; 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; and install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures.

“substation connection rights” means rights over land to— in connection with and for the purposes of facilitating Work No. 6A, install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical 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 apparatus and structures and to connect such cables and services to the National Grid Bicker Fen substation; in connection with and for the purposes of facilitating Work No. 6A, install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment; 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 Work No. 6A; in connection with and for the purposes of facilitating Work No. 6A 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; and remove landscaping measures. (1) Plot reference number shown on the land plans (2) Purposes for which rights over land may be acquired and restrictive covenants imposed 12Access rights and cable rights60AAccess rights and cable rights60BAccess rights and cable rights60CAccess rights and cable rights63AAccess rights and cable rights63BAccess rights and cable rights63CAccess rights63DAccess rights64Access rights66AAccess rights66BAccess rights and cable rights67AAccess rights67BAccess rights and cable rights67CAccess rights67DAccess rights68AAccess rights68BAccess rights68CAccess rights and cable rights68DAccess rights68EAccess rights68FAccess rights69Access rights and cable rights72Access rights and cable rights73AAccess rights73BAccess rights75AAccess rights75BAccess rights75CAccess rights75DAccess rights and cable rights75EAccess rights75FAccess rights75GAccess rights75HAccess rights75IAccess rights and cable rights75JAccess rights76AAccess rights76BAccess rights and cable rights89Access rights90Access rights94Access rights97Access rights99BAccess rights and cable rights99CAccess rights and cable rights99DAccess rights and cable rights99EAccess rights99FAccess rights99GSubstation connection rights99HSubstation connection rights100AAccess rights and cable rights100BAccess rights and cable rights101AAccess rights and cable rights101BAccess rights and cable rights101CAccess rights and cable rights104AAccess rights and cable rights104BAccess rights104CAccess rights104DAccess rights and cable rights104EAccess rights and cable rights107AAccess rights107BAccess rights108AAccess rights and cable rights108BAccess rights and cable rights108CAccess rights and cable rights109AAccess rights109BAccess rights124Access rights and cable rights173Access rights184Access rights and cable rights190Access rights and cable rights245Access rights and cable rights248Access rights and cable rights255Access rights and cable rights265Access rights266AAccess rights and cable rights266BAccess rights and cable rights269Access rights and cable rights273Access rights274Access rights279Access rights284Access rights and cable rights285Access rights and cable rights286Access rights and cable rights287Access rights288Access rights and cable rights289Access rights290Access rights293AAccess rights and cable rights293BAccess rights and cable rights294Access rights295Access rights and cable rights296Access rights297Access rights298Access rights301Access rights302AAccess rights and cable rights302BAccess rights303Access rights and cable rights304Access rights and cable rights307Access rights312Access rights313Access rights316Access rights and cable rights317Access rights322Access rights323Access rights and cable rights324Access rights325Access rights326Access rights329Access rights and cable rights333Access rights and cable rights334Access rights and cable rights335Access rights337Access rights338Access rights339Access rights341Access rights346Access rights and cable rights347Access rights and cable rights348Access rights and cable rights349Access rights

SCHEDULE 9 — 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 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[^f00054] 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 modification 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 pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 to the Heckington Fen Solar Park Order 2025); (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(8) of Schedule 9 to the Heckington Fen Solar Park Order 2025) 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 17 (compulsory acquisition of land) and as modified by article 24 (modification of Part 1 of the 1965 Act), applies to the compulsory acquisition of a right by the creation of a new right under article 19 (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 sub-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 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 (powers of entry)[^f00055] of the 1965 Act is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 17 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry)[^f00056], 11B (counter-notice requiring possession to be taken on specified date)[^f00057], 12 (penalty for unauthorised entry)[^f00058] and 13 (refusal to give possession to acquiring authority)[^f00059] of the 1965 Act are modified correspondingly.

(6) Section 20 (tenants at will, etc.)[^f00060] of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 24(4) (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A (counter notice requiring purchase of land not in notice to treat) to the 1965 Act substitute—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 21 (application of the 1981 Act) of the Heckington Fen Solar Park Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 22(3) (acquisition of subsoil only) of the Heckington Fen Solar Park Order 2025 which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 10 — HEDGEROWS TO BE REMOVED

(1) Area	(2) Number of hedgerow and extent of removal	(3) Purpose of removal
North Kesteven District Council / Boston Borough Council (border)	Removal of that part of the hedgerow (including four goat willows and one Lombardy poplar) shown approximately within the pink area identified on sheet 6 of the important hedgerows plan.	To facilitate construction of the authorised development (Work No. 5).
Boston Borough Council	Removal of those parts of the hedgerow (including sections of hawthorn hedgerow within the drainage ditch) shown approximately within the pink area identified on sheets 7 and 8 of the important hedgerows plan.	To facilitate construction of the authorised development (Work No. 5).
Boston Borough Council	Removal of that part of the hedgerow (including a section of hawthorn) shown approximately within the pink area identified on sheet 12 of the important hedgerows plan.	To facilitate construction of the authorised development (Work No. 5A).
Boston Borough Council	Removal of that part of the hedgerow (which includes various woodland comprising oak, goat willow, silver birch, hazel, field maple, aspen, lime, ash and dogwood) shown approximately within the pink area on sheet 13 of the important hedgerows plan.	To facilitate construction of the authorised development (Work No. 5B).

SCHEDULE 11 — DOCUMENTS AND PLANS TO BE CERTIFIED

(1) Document name	(2) Applicant’s Document reference	(3) Revision number	(4) Date
book of reference	4.3	7.0	February 2024
environmental statement	6.1, 6.2, and 6.3	2.0	August 2023 (unless otherwise stated below)
	6.1.17 6.2.5 6.2.7 6.2.13 - 6.2.14 6.2.16-6.2.20 6.3.1 - 6.3.3 6.3.6 - 6.3.10 6.3.12 6.3.14 - 6.3.18	1.0	February 2023
	6.3.4.1	1.0	March 2023
	ExA.6.3.7.13-D3.V2	1.0	November 2023
	6.1.0 - 6.1.3 6.1.7 - 6.1.9 6.1.12 - 6.1.15 6.1.18 6.1.20 6.2.1 - 6.2.3 6.2.6 - 6.2.12 6.2.15 6.3.6 6.3.14	2.0	August 2023
	6.1.10 6.1.16 6.1.19 6.2.3 - 6.2.4 6.2.10	2.0	November 2023
	6.3.6.9	3.0	August 2023
	6.1.5 6.2.2 6.2.6	3.0	November 2023
	6.2.6	4.0	December 2023
	6.1.4	5.0	January 2024
	6.1.11	4.0	January 2024
	6.1.6	3.0	February 2024
ES technical note – updated information on cumulative projects	ExA.ESTN-Cumulative-D5.V4	4.0	February 2024
Appendix 8.13 – biodiversity net gain assessment report	ExA.6.3.8.13-D4.V2	2.0	January 2024
ES transport and access technical note – sensitivity of cowbridge road, bicker drove, and vicarage drove	ExA.ESTATN.D3.V1	1.0	December 2023
ES technical note – additional ecology information	ExA.ESTNE.D3.V1	1.0	December 2023
equality impact assessment	ExA.EIA-D3.V1	1.0	December 2023
ES transport and access technical note – assessment of triton knoll access track, doubletwelves drove and bicker drove	ExA.ESTATN-Access-D5.V1	1.0	February 2024
flood risk assessment	6.3.9.1	2.0	March 2023
important hedgerows plan	2.9	3.0	January 2024
interface area plan	ExA.BFInterface.D5.V1	1.0	February 2024
land and crown land plan	2.1	5.0	January 2024
outline energy storage safety management plan	7.11	3.0	January 2024
outline construction environmental management plan	7.7	6.0	February 2024
outline construction traffic management plan	7.10	5.0	February 2024
outline decommissioning and restoration plan	7.9	4.0	February 2024
outline design principles	7.1	4.0	January 2024
outline landscape ecological management plan	7.8	6.0	February 2024
outline operational environmental management plan	ExA.oOEMP-D5.V3	3.0	February 2024
outline soil management plan	7.15	3.0	February 2024
outline supply chain, employment and skills plan	7.12	4.0	February 2024
outline written scheme of investigation – evaluation	7.13	2.0	November 2023
outline written scheme of investigation – mitigation	7.14	2.0	November 2023
rights of way plan	2.3	4.0	January 2024
streets and access plans	2.7	5.0	January 2024
works plans	2.2	6.0	February 2024

SCHEDULE 12 — ARBITRATION RULES

Commencing an arbitration

1

(1) The arbitration is deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

(2) The primary objective of these Arbitration Rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 38 of the Order.

Time periods

2

(1) All time periods in these Arbitration Rules are measured in days and include weekends, but not bank or public holidays.

(2) Time periods are calculated from the day after the arbitrator is appointed which is either—

(a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

(b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

(1) The timetable for the arbitration is that which is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

(2) Within 14 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

(a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, the amount of its claim or the remedy it is seeking; and

(b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

(3) Within 14 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—

(a) a written statement of defence consisting of a response to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any elements of the claimant’s claim and its contentions as to those elements of the claimant’s claim it does not accept;

(b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

(c) any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert reports (if submitted by the claimant) and explanations of the objections.

(4) Within seven days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

(a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

(b) all statements of evidence and copies of documents in response to the respondent’s submissions;

(d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and

(e) its written submissions in response to the legal and factual issues involved.

Procedure

4

(1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. A single pleading must not exceed 30 single-sided A4 pages using 10pt Arial font.

(2) The arbitrator will make an award on the substantive differences based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

(3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

(4) Within seven days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

(5) Within 10 days of the arbitrator advising the parties that a hearing is to be held, the date and venue for the hearing are to be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which the arbitrator considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

(6) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any experts attending the hearing may be asked questions by the arbitrator.

(7) There is to be no examination or cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the experts in response to the arbitrator’s questions. Prior to the hearing in relation to the experts—

(a) at least 28 days before a hearing, the arbitrator must provide a list of issues to be addressed by the experts;

(b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

(c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing.

(8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

(9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.

(10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before the arbitrator attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.

(11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

(1) The arbitrator has all the powers of the Arbitration Act 1996, save where modified in this Schedule.

(2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.

(3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure—

(a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

(b) only for such a period that is necessary to achieve fairness between the parties.

(4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

(1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

(2) Where the difference involves connected or interrelated issues, the arbitrator must consider the relevant costs collectively.

(3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

(4) The arbitrator must award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

(1) Hearings in this arbitration are to take place in public unless otherwise agreed by the arbitrator on application from one or both of the parties.

(2) Materials, documents, awards, expert reports and any matters relating to the arbitration are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the courts or where disclosure is required under any legislative or regulatory requirement.

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule (save for Anglian Water which is protected by Part 3 of this Schedule, National Gas Transmission Plc as gas undertaker which is protected by Part 4 of this Schedule, National Grid Electricity Transmission Plc as electricity undertaker which is protected by Part 6 of this Schedule, National Grid Viking Limited which is protected by Part 10 of this Schedule, Beacon Fen Energy Park Limited which is protected by Part 11 of this Schedule, and Triton Knoll OFTO Limited which is protected by Part 12 of this Schedule) the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned.

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that utility undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a water undertaker—mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991[^f00061];in the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

“utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00062];a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

Precedence of the 1991 Act in respect of apparatus in the streets

3

This part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 11 (temporary closure of public rights of way), a utility undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

No acquisition etc. except by agreement

5

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

6

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 38 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 38 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

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