The Longfield Solar Farm Order 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/734 |
2023 No. 734
Infrastructure Planning
The Longfield Solar Farm Order 2023
Made 26th June 2023
Coming into force 18th July 2023
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)1in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an order granting development consent.
The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the Infrastructure Planning (Examination Procedure) Rules 20103.
The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)4of the 2008 Act made a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20175and has had regard to the documents and matters referred to in section 105(2)6of the 2008 Act.
The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State, in exercise of the powers conferred by sections 1147, 1158, 1209, 12210, 12311and 140 of the 2008 Act, makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Longfield Solar Farm Order 2023 and comes into force on 18th July 2023.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 196112;
“the 1965 Act” means the Compulsory Purchase Act 196513;
“the 1980 Act” means the Highways Act 198014;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198115;
“the 1984 Act” means the Road Traffic Regulation Act 198416;
“the 1989 Act” means the Electricity Act 198917;
“the 1990 Act” means the Town and Country Planning Act 199018;
“the 1991 Act” means the New Roads and Street Works Act 199119;
“the 2008 Act” means the Planning Act 200820;
“address” includes any number or address used for the purposes of electronic transmission;
“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;
“authorised development” means the development and associated development described in Schedule 1 (authorised development), which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;
“biodiversity design strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the biodiversity design strategy for the purposes of this Order;
“book of reference” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“Bulls Lodge substation works” means that part of the authorised development identified in work numbers 5, 7B and 9 (to the extent work number 9 is to facilitate access to work numbers 5 and 7B);
“carriageway” has the same meaning as in the 1980 Act;
“commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out or for the purposes of the authorised development other than the permitted preliminary works (except where stated to the contrary) and the words “commencement” and “commenced” are to be construed accordingly;
“commissioning” means the process of testing all systems and components of numbered work 1 in order to ensure that they, and the authorised development as a whole, function in accordance with plant design specifications and the undertaker’s operational and safety requirements;
“date of final commissioning” means in respect of each phase of the authorised development as approved under requirement 3 of Schedule 2 (requirements) that contains part or all of numbered work 1, the date on which each such phase commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning;
“decommissioning strategy” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the decommissioning strategy for the purposes of this Order;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“environmental statement” means the document of that name identified in the table in Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;
“flood risk assessment” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“framework construction traffic management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order;
“grid connection works” means that part of the authorised development identified in work numbers 4 and 9 (to the extent work number 9 is to facilitate access to work number 4);
“highway” and “highway authority” have the same meaning as in the 1980 Act21;
“holding company” has the same meaning as in section 1159 of the Companies Act 200622;
“land plans” means sheets 1 – 9 of the plans of that name identified in the table in Schedule 13 (documents and plans to be certified) and which are certified by the Secretary of State as the land plans for the purposes of this Order;
“limits of deviation” means the limits of deviation shown for each numbered work on the works plans;
“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of, but not remove, reconstruct or replace the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly;
“NGET” means National Grid Electricity Transmission Plc (company number 2366977) whose registered office is at 1 to 3 Strand, London WC2N 5EH;
“Order land” means the land shown coloured pink, green, blue and brown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the limits shown on the land plans and works plans within which the authorised development may be carried out and land acquired or used;
“outline battery safety management plan” means the plan of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline battery safety management plan for the purposes of this Order;
“outline construction environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order;
“outline design principles” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline design principles for the purposes of this Order;
“outline drainage strategy” means-
(a) section 4 of the SuDS strategy as identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of the solar farm works and the grid connection works under this Order; and
(b) section 3 of the Bulls Lodge substation extension drainage strategy as identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of the Bulls Lodge substation works under this Order;
“outline landscape and ecological management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline landscape and ecological management plan for the purposes of this Order;
“outline operational environmental management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is certified by the Secretary of State as the outline operational environmental management plan for the purposes of this Order;
“outline public rights of way management plan” means the document of that name identified in the table at Schedule 13 (documents and plans to be certified) and which is...
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