2026 No. 1025
Infrastructure Planning
The Beacon Fen Energy Park Order 2026
Made
21st August 2026
Coming into force
14th September 2026
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an order granting development consent.
The application was 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 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010.
The Examining Authority, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, in accordance with section 74(2) of the 2008 Act has submitted a report to the Secretary of State setting out its findings, conclusions and recommendation in respect of the application.
The Secretary of State, having considered the report and recommendation of the Examining Authority, having taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 and having had regard to the documents and matters referred to in section 104(2) of the 2008 Act, has decided 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 114, 115, 120, 122, 123 and 140 of the 2008 Act, makes the following Order.
(1) In this Order, unless the context requires otherwise—
“the 1961 Act” means the Land Compensation Act 1961;
“the 1965 Act” means the Compulsory Purchase Act 1965;
“the 1980 Act” means the Highways Act 1980;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1989 Act” means the Electricity Act 1989;
“the 1990 Act” means the Town and Country Planning Act 1990;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“the 2003 Act” means the Communications Act 2003;
“the 2008 Act” means the Planning Act 2008;
“the 2015 Order” means the Town and Country Planning (General Permitted Development) (England) Order 2015;
“address” includes any number or address used for the purposes of electronic transmission;
“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;
“archaeological mitigation strategy” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the archaeological mitigation strategy for the purposes of this Order;
“authorised development” means the development and associated development described in Schedule 50 (authorised development) which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act
“book of reference” means the document of that name identified in the table at Schedule 12 (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;
“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
“carriageway” has the meaning given in section 329 (further provision as to interpretation) of the 1980 Act;
“commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, forming part of the authorised development other than permitted preliminary works (except where stated to the contrary), and “commencement” and “commenced” must be construed accordingly;
“crown land plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the crown land plan for the purposes of this Order;
“cycle track” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act;
“cycleway” means a way constituting or comprised in a highway, being a way over which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with a right of way on foot and a right of way on horseback or leading a horse, but no other rights of way;
“date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;
“electronic transmission” means a communication transmitted—
by means of an electronic communications network; or
by other means but while in electronic form;
“environmental statement” means the document of that name identified in the table at Schedule 12 (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;
“environmental statement addendum” means the document of that name identified in the table at Schedule 12 (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;
“existing substation” means the existing substation at Bicker Fen, Bicker, Lincolnshire, PE20 3BQ, owned and operated by NGET;
“flood risk assessment conclusions” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk assessment conclusions for the purposes of this Order;
“flood risk operational mitigation” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk operational mitigation for the purposes of this Order;
“footway” and “footpath” have the same meanings as in section 329 (further provision as to interpretation) of the 1980 Act;
“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;
“land plans” means the plans of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the land plans for the purposes of this Order;
“maintain” includes inspect, upkeep, repair, refurbish, adjust, alter, remove, reconstruct and replace in relation to the authorised development, but not remove, reconstruct or replace the whole of, the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” and “maintaining” must be construed accordingly;
“National Grid” means National Grid Electricity Transmission plc, company number 2366977, whose registered office is at 1-3 Strand, London, WC2N 5EH, being a licence holder within the meaning of Part 1 of the 1989 Act;
“National Grid 2005 permission” means planning permission B/05/0046 granted by Boston Borough Council on 20 April 2005 (and any variation thereof);
“Order land” means the land shown on the land plans and crown land plan which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the limits shown on the land plans, crown land plan and works plan within which the authorised development may be carried out and land acquired or used;
“outline battery safety management plan” means the document of that name identified in the table at Schedule 12 (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 12 (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 construction traffic management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;
“outline decommissioning environmental management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order;
“outline design principles” means the document of that name identified in the table at Schedule 12 (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 the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;
“outline landscape and ecological management plan” means the document of that name identified in the table at Schedule 12 (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 public rights of way management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline public rights of way management plan for the purposes of this Order;
“outline skills, supply chain and employment plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline skills, supply chain and employment plan for the purposes of this Order;
“outline soil management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline soil management plan for the purposes of this Order;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981;
“the permit scheme” means the Lincolnshire Permit Scheme for Road Works and Street Works Order 2016, which is made under Part 3 of the Traffic Management Act 2004;
“permitted preliminary works” means operations consisting of all or any of—
pre-construction surveys and/or monitoring;
site clearance (including vegetation removal and demolition of existing structures);
advanced planting works;
archaeological investigations;
environmental surveys;
investigations for the purpose of assessing ground conditions;
remedial work in respect of contamination or other adverse ground conditions;
diversion of existing services and laying of temporary services;
erection of any temporary means of enclosure; or
the temporary display of site notices and/or advertisements;
“relevant planning authority” means the local planning authority for the area in which the land to which the provisions of this Order apply is situated and as more particularly described for the purposes of the requirements in Part 1 of Schedule 2 (requirements);
“requirement” means a requirement set out in Part 1 of Schedule 2 (requirements), and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Part of that Schedule with the same number;
“statutory undertaker” means any person falling within section 127(8) or section 138(4A) of the 2008 Act and includes a public communications provider as defined in section 151(1) of the 2003 Act and an operator of an electronic communications code network as defined in paragraph 1(1) of Schedule 17 to the 2003 Act;
“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“street works” means the works listed in article 11 (street works);
“streets, rights of way and access plans” means the plans of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the streets, rights of way and access plans for the purposes of this Order;
“subsidiary” has the same as in section 1159 of the Companies Act 2006;
“subsoil” means any stratum of land that is below the surface of the ground;
“traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;
“undertaker” means Beacon Fen Energy Park Ltd (company registration number 13347752 whose registered address is Stirling Square, 5-7 Carlton Gardens, London, England, SW1Y 5AD);
“Upper Tribunal” means the Lands Chamber of the Upper Tribunal;
“waste and recycling strategy” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the waste and recycling strategy for the purposes of this Order;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“work” means a work set out in Schedule 1 (authorised development);
“works plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the works plan for the purposes of this Order; and
“vegetation removal plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the vegetation removal plan for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.
(3) All distances, directions, capacities and lengths referred to in this Order are approximate distances between lines or points on a numbered work comprised in the authorised development and shown on the works plan and streets, rights of way and access plans are taken to be measured along that work.
(4) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plan and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule and a reference to “Work No. 4” or “numbered work 4” means numbered works 4A and 4B inclusive and the same principle applies to such numbered works that contain letters.
(5) All areas described in square metres in the book of reference are approximate.
(6) In this Order “include” or “includes” must be construed without limitation unless the contrary intention appears.
(7) References in this Order to any statutory body include that body’s successor in respect of functions which are relevant to this Order.
(8) References in this Order to any statute, order, regulation or similar instrument are to be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.
(1) Subject to the provisions of this Order including the requirements in Part 1 of Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2) Each numbered work must be situated within the corresponding numbered area shown on the works plan.
(1) The undertaker is authorised to operate and use the authorised development for which development consent is granted by this Order.
(2) Paragraph (1) does not relieve the undertaker of any duty to obtain any permit, licence or other obligation under any other legislation that may be required from time to time to authorise the operation or use of any part of the authorised development.
(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.
(2) This article only authorises the carrying out of maintenance works within the Order limits.
(3) This article does not authorise the carrying out of any works which are likely to give rise to any materially new or materially different effects that have not been assessed in the environmental statement.
Subject to article 7 (consent to transfer benefit of the Order) the provisions of this Order have effect solely for the benefit of the undertaker, save for Work No. 5 in relation to which the provisions of this Order have effect for the benefit of the undertaker and National Grid.
(1) Subject to paragraphs (3) and (8), the undertaker may—
(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and
(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed between the undertaker and the lessee.
(2) Where a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker except in paragraph (8) are to include references to the transferee or the lessee.
(3) The prior written consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—
(a) the transferee or lessee is National Grid;
(b) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or
(c) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
(i) no such claims have been made;
(ii) any such claim has been made and has been compromised or withdrawn;
(iii) compensation has been paid in full and final settlement of any such claim;
(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or
(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.
(4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State and the relevant local planning authorities in writing before transferring or granting a benefit referred to in paragraph (1).
(5) The notification referred to in paragraph (4) must—
(a) state—
(i) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;
(ii) the reason or reasons, with reference to paragraph (3), as to why the consent of the Secretary of State is not required for the transfer of benefit;
(iii) subject to paragraph (6), the date on which the transfer will take effect;
(iv) the powers to be transferred or granted; and
(v) pursuant to paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and
(b) be accompanied by—
(i) any information to support the reasons in paragraph (5)(a)(ii);
(ii) where relevant, a plan showing the works or areas to which the transfer or grant relates; and
(iii) A copy of the document effecting the transfer or grant.
(6) The date specified under paragraph (5)(a)(iii)(iii) must not be earlier than the expiry of 14 business days from the date of the receipt of the notification.
(7) The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification.
(8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has transferred any benefit—
(a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
(b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and
(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
8 Disapplication, application and modification of legislative provisions
(1) The provisions of the Neighbourhood Planning Act 2017 do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation, maintenance or decommissioning of any part of the authorised development insofar as they relate to the temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 34 (temporary use of land for maintaining or decommissioning the authorised development) of this Order.
(2) Regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
or
(k) for carrying out or the maintenance of development which has been authorised by the Beacon Fen Energy Park Order 2026.
.
(3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967 any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the authorised development is deemed to be felling that is immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.
(4) Section 141 of the 1980 Act (restriction on planting trees etc. in or near carriageway) does not apply to any tree or shrub planted with the agreement of the highway authority in the course of the authorised development before completion of construction.
(5) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be—
(a) a building into which people do not normally go; or
(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.
9 Operational land for the purposes of the 1990 Act
Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land for the purposes of that Act) of the 1990 Act.
10 Defence to proceedings in respect of statutory nuisance
(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—
(a) relates to premises used by the undertaker for the purposes of, or in connection with, the authorised development and that the nuisance is attributable to the carrying out or use of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974; or
(b) is a consequence of the construction, operation, maintenance or decommissioning of the authorised development and cannot reasonably be avoided.
(2) Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of, or in connection with, the authorised development.
(3) In this article “premises” has the same meaning as in section 79 of the Environmental Protection Act 1990.
(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—
(a) break up or open the street, or any sewer, drain or tunnel under it;
(b) drill, tunnel or bore under the street;
(c) place and keep apparatus in the street;
(d) maintain apparatus in the street, change its position or remove it;
(e) repair, replace or otherwise alter the surface or structure of the street or any culvert under the street; and
(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).
(2) The authority given by paragraph (1) is a statutory right or licence for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
(3) Where the undertaker is not the street authority, the provisions of sections 54 (notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1).
(1) The permit scheme applies with the modifications set out in this article to street works carried out under the power conferred by article 11 (street works) of this Order.
(2) For the purposes of this Order—
(a) a permit may not be refused or granted subject to conditions which relate to the imposition of moratoria; and
(b) a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.
(3) References to moratoria in paragraph (2) mean restrictions imposed under section 58A (restrictions on works following substantial street works) of the 1991 Act.
(4) Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Part 2 of Schedule 2 (procedure for discharge of requirements).
(1) The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street—
(a) in the case of the streets specified in column 2 of the table in Part 1 (permanent alteration of layout) of Schedule 4 (alteration of streets) permanently in the manner specified in relation to that street in column 3; and
(b) in the case of the streets as specified in column 2 of the table in Part 2 (temporary alteration of layout) of Schedule 4 (alteration of streets) temporarily in the manner specified in relation to that street in column 3.
(2) Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—
(a) alter the level or increase the width of any kerb, footpath, footway, cycleway, cycle track or verge; and
(b) make and maintain passing places.
(3) The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority.
(4) The powers conferred by paragraph (2) may not be exercised without the prior consent of the street authority.
Paragraphs (3) and (4) do not apply where the undertaker is the sole member of the street authority for a street in which the works are being carried out.
14 Construction and maintenance of altered streets
(1) The permanent alterations to each of the streets specified in Part 1 (permanent alteration of layout) of Schedule 4 (alteration of streets) to this Order must be completed to the reasonable satisfaction of the highway authority where applicable and, unless otherwise agreed by the street authority, the alterations must be maintained by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.
(2) Subject to paragraph (3), the temporary alterations to each of the streets specified in Part 2 (temporary alteration of layout) of Schedule 4 (alteration of streets) must be completed to the reasonable satisfaction of the street authority and the temporary alterations must be maintained by and at the expense of the undertaker for the duration that the temporary alterations are used by the undertaker.
(3) Those restoration works carried out pursuant to article 13(3) (power to alter layout, etc., of streets) must be completed to the reasonable satisfaction of the street authority and must be maintained by the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.
(4) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
(5) For the purposes of a defence under paragraph (4), a court must in particular have regard to the following matters—
(a) the character of the street including the traffic which was reasonably to be expected to use it;
(b) the standard of maintenance appropriate for a street of that character and used by such traffic;
(c) the state of repair in which a reasonable person would have expected to find the street;
(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and
(e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,
but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out.
(6) Paragraphs (2) to (5) do not apply where the undertaker is the sole member of the street authority for a street in which the works are being carried out.
(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the authorised development.
(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).
(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
16 Temporary prohibition or restriction of use of streets and public rights of way
(1) For the purposes of construction or maintenance of the authorised development, the undertaker may temporarily close, prohibit the use of, restrict the use of, authorise the use of, alter or divert any street or public right of way and may for any reasonable time—
(a) divert the traffic or a class of traffic from the street or public right of way;
(b) authorise the use of motor vehicles on classes of public rights of way where, notwithstanding the provisions of this article, there is otherwise no public right to use motor vehicles; and
(c) subject to paragraph (2), prevent all persons from passing along the street or public right of way.
(2) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary closure, prohibition, restriction, alteration or diversion of a street or public right of way under this article if there would otherwise be no such access.
(3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily close, prohibit the use of, authorise the use of, restrict the use of, alter or divert—
(a) the public rights of way specified in column 2 of the table in Part 1 (public rights of way to be temporarily closed) of Schedule 5 (streets and public rights of way) to the extent specified in column 3 of that table;
(b) the public right of way specified in column 2 of the table in Part 2 (permanent use of motor vehicles on public rights of way) of Schedule 5 (streets and public rights of way) to the extent specified in column 3 of that table;
(c) the public rights of way specified in column 2 of the table in Part 3 (temporary use of motor vehicles on public rights of way) of Schedule 5 (streets and public rights of way) to the extent specified in column 3 of that table; and
(d) the public rights of way specified in column 2 of the table in Part 4 (temporary management of public rights of way) of Schedule 5 (streets and public rights of way) to the extent specified in column 3 of that table.
(4) For the purposes of paragraphs (1) and (3), the undertaker must not temporarily close, prohibit the use of, authorise the use of, restrict the use of, alter or divert—
(a) any street or public right of way specified in paragraph (3) without first consulting the street authority; and
(b) any other street or public right of way without the consent of the street authority, and the street authority may attach reasonable conditions to any such consent.
(5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(6) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way which has been temporarily closed under the powers conferred by this article and within the Order limits as a temporary working site, subject to the undertaker returning the street or public right of way to its previous condition after such use ends.
(7) In this article expressions used in this article and in the 1984 Act have the same meaning.
(1) The undertaker may, for the purposes of the authorised development—
(a) form and lay out the permanent means of access, or improve existing means of access, in the locations specified in Part 1 (permanent means of access to works) of Schedule 6 (access to works);
(b) form and lay out the temporary means of access in the location specified in Part 2 (temporary means of access to works) of Schedule 6 (access to works); and
(c) with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
(2) If the relevant planning authority receives an application for approval under paragraph (1)(c) and fails to notify the undertaker of its decision within 56 days of receiving the application, that authority will be deemed to have granted approval.
(3) Any application for consent or approval under paragraph (1)(c) must include a statement that the provisions of paragraph (2) apply to that application.
(4) If an application for consent under paragraph (1)(c) does not include the statement required under paragraph (3), the provisions of paragraph (2) will not apply to that application.
(5) The undertaker must restore any access that has been temporarily created under this Order to the reasonable satisfaction of the street authority.
(1) A street authority and the undertaker may enter into agreements with respect to—
(a) the construction, strengthening, improvement, repair or reconstruction of any street including any structure carrying the street over or under the authorised development under the powers conferred by this Order;
(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under the authorised development;
(c) any closure, prohibition, restriction, alteration or diversion of a street authorised by this Order;
(d) the undertaking in the street of any of the works referred to in article 11 (street works), article 13 (Power to alter layout, etc., of streets) and article 14 (construction and maintenance of altered streets);
(e) the adoption by a street authority which is the highway authority of works—
(i) undertaken on a street which is existing public maintainable highway; or
(ii) which the undertaker and highway authority agree to be adopted as public maintainable highway; or
(f) such works as the parties may agree.
(2) If such agreement provides that the street authority must undertake works on behalf of the undertaker the agreement may, without prejudice to the generality of paragraph (1)—
(a) make provision for the street authority to carry out any function under this Order which relates to the street in question;
(b) specify a reasonable time for the completion of the works; and
(c) contain such terms as to payment and otherwise as the parties consider appropriate.
(1) Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of, or in connection with, the authorised development, temporarily place traffic signs and signals in the extents of the road specified in column 1 of the table in Schedule 7 (traffic regulation measures) and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016.
(2) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make temporary provision for the construction, maintenance or decommissioning of the authorised development—
(a) as to the speed at which vehicles may proceed along any road;
(b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;
(c) as to the prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;
(d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and
(e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act.
(3) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when in accordance with regulation 3(5) of those regulations.
(4) Before exercising the power conferred by paragraph (2) the undertaker must—
(a) consult with the chief officer of police in whose area the road is situated; and
(b) obtain the written consent of the traffic authority such consent not to be unreasonably withheld.
(5) The undertaker must not exercise the powers in paragraphs (1) or (2) unless it has—
(a) given not less than four weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and
(b) not less than seven days before the provision is to take effect published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated;
(c) displayedasitenoticecontainingthesameinformationateachendofthelengthofroad affected.
(6) Any provision made under the powers conferred by paragraphs (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2).
(7) Any provision made by the undertaker under paragraphs (1) or (2)—
(a) must be made by written instrument in such form as the undertaker considers appropriate;
(b) has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and
(c) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement).
(1) Subject to paragraphs (3), (4) and (7) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991.
(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs or the person or body otherwise having authority to give such consent; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.
(4) The undertaker must not carry out any works to, or make any opening into, any public sewer or drain except—
(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and
(b) where that person has been given the opportunity to supervise the making of the opening.
(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river other than in accordance with a permit granted by the Environment Agency.
(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
(7) This article does not authorise a groundwater activity or a water discharge activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016.
(8) In this article—
(a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and
(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
(9) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person is deemed to have granted consent or given approval, as the case may be.
(10) Any application for consent or approval under paragraph (4) must include a statement that the provisions of paragraph (9) apply to that application.
(11) If an application for consent under paragraph (4) does not include the statement required under paragraph (10), the provisions of paragraph (9) will not apply to that application.
(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.
(2) Protective works may be carried out—
(a) at any time before or during the construction of any part of the authorised development in the vicinity of the building; or
(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the date of completion of that part.
(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.
(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))—
(a) enter the building and any land within its curtilage; and
(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).
(5) Before exercising—
(a) a right under paragraph (1) to carry out protective works to a building;
(b) a right under paragraph (3) to enter a building and land within its curtilage;
(c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or
(d) a right under paragraph (4)(b) to enter land adjacent to a building but outside its curtilage,
the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (c) or (d), specifying the protective works proposed to be carried out.
(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).
(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.
(8) Where—
(a) protective works are carried out under this article to a building; and
(b) within the period of five years beginning with the date of completion of that part of the authorised development in the vicinity of the building it appears protective works are inadequate to protect the building against damage caused by the construction or use of that part of the authorised development,
the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.
(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (compensation for injurious affection) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(12) In this article “protective works” in relation to a building means—
(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or use of the authorised development; and
(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or use of the authorised development.
(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—
(a) survey or investigate the land;
(b) without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
(c) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and
(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.
(3) If the undertaker proposes to do any of the following, the notice must include details of what is proposed—
(a) searching, boring or excavating;
(b) leaving apparatus on the land; and
(c) taking samples.
(4) Any person entering land under this article on behalf of the undertaker—
(a) must, if so required entering the land, produce written evidence of their authority to do so; and
(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
(5) No trial holes may be made under this article—
(a) in land located within the highway boundary without the consent of the highway authority; or
(b) in a private street without the consent of the street authority but such consent must not be unreasonably withheld.
(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—
(a) under paragraph (5)(a) in the case of a highway authority; or
(b) under paragraph (5)(b) in the case of a street authority,
that authority is deemed to have granted consent.
(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(9) After completion of the activities being undertaken pursuant to this article, any apparatus must be removed as soon as practicable, and the land must be restored to its original condition.
(1) The undertaker may—
(a) acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it or as is incidental to it; and
(b) use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the authorised development.
(2) This article is subject to article 26 (time limit for exercise of authority to acquire land compulsorily), article 27 (compulsory acquisition of rights and imposition of restrictive covenants), article 28 (private rights), article 30 (acquisition of subsoil only), article 32 (temporary use of land for carrying out the authorised development), article 39 (crown rights) and Schedule 11 (protective provisions).
24 Compulsory acquisition of land – incorporation of the mineral code
Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (minerals) are incorporated in this Order subject to the modifications that—
(a) paragraph 8(3) is not incorporated;
(b) for “the acquiring authority” substitute “the undertaker”; and
(c) for “undertaking” substitute “authorised development”.
25 Statutory authority to override easements and other rights
(1) The carrying out or use of development authorised by this Order and the doing of anything else authorised by this Order is authorised, including for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—
(a) an interference with an interest or right to which this article applies; or
(b) a breach of a restriction as to user of land arising by virtue of contract.
(2) The undertaker will pay compensation to any person whose land is injuriously affected by—
(a) an interference with an interest or right to which this article applies; or
(b) a breach of a restriction as to user of land arising by virtue of contract,
authorised by virtue of this Order and the operation of section 158 of the 2008 Act.
(3) The interests and rights to which this article apply are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.
(4) Subsection (2) of section 10 of the 1965 Act applies to paragraph (2) by virtue of section 152(5) of the 2008 Act (compensation in case where no right to claim in nuisance).
26 Time limit for exercise of authority to acquire land compulsorily
(1) The applicable period for the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and section 5A of the 1981 Act (time limit for general vesting declaration) is five years beginning on the day on which this Order is made.
(2) No notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act 1981) of the 1965 Act and no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 25 (application of the 1981 Act) after the end of the applicable period, including any extension to the applicable period pursuant to those Acts.
27 Compulsory acquisition of rights and imposition of restrictive covenants
(1) Subject to paragraph (2) and article 32 (temporary use of land for carrying out the authorised development), the undertaker may acquire compulsorily such rights over the Order land or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 23 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.
(2) Subject to the provisions of this paragraph, article 28 (private rights) and article 35 (statutory undertakers), in the case of the Order land specified in column 1 of the table in Schedule 8 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of existing rights and the benefit of restrictive covenants over that land and the creation and acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column 2 of the table in that Schedule.
(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act and Schedule 2A (counter notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 10 of Schedule 9 to this Order), where the undertaker creates or acquires an existing right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker will not be required to acquire a greater interest in that land.
(4) Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
(5) In any case where the acquisition of rights or imposition of a restrictive covenant under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose restrictive covenants to the statutory undertaker in question.
(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
(7) This article is subject to article 39 (crown rights).
(1) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—
(a) as from the date of acquisition of the land, or of the right, or of the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or
(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act,
whichever is the earlier.
(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—
(a) as from the date of the acquisition of the right or imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of a lease of the land by agreement); or
(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act in pursuance of the right,
whichever is the earliest.
(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken and unenforceable for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or where article 35 (statutory undertakers) applies.
(6) Paragraphs (1) to (3) have effect subject to—
(a) any notice given by the undertaker before—
(i) the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;
(ii) the undertaker’s appropriation of the land;
(iii) the undertaker’s entry onto the land; or
(iv) the undertaker’s taking temporary possession of the land,
that any or all of those paragraphs do not apply to any right of way specified in the notice; and
(b) any agreement made at any time between the undertaker and the person in or to whom the right of way in question is vested or belongs.
(7) Where an agreement referred to in paragraph (6)(b)—
(a) is made with a person in or to whom the right is vested or belongs; and
(b) is expressed to have effect also for the benefit of those deriving title from or under that person,
the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
(8) References in this article to private rights over land include any right of way, trust, incident, restrictive covenant, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.
(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
(3) In section 1 (application of act) for subsection (2) substitute—
(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.
.
(4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.
(5) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act (legal challenges relating to applications for orders granting development consent)”.
(6) In section 6 (notices after execution of declaration) for subsection (1)(b) substitute “(1)(b)on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008.”
(7) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute: “But see article 29(3) (acquisition of subsoil only) of the Beacon Fen Energy Park Order 2026, which excludes the acquisition of subsoil only from this Schedule.”.
(9) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.
(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 23 (compulsory acquisition of land) or article 27 (compulsory acquisition of rights and imposition of restrictive covenants) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in, the subsoil of any land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—
(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by Schedule 9;
(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
(c) Section 153(4A) (Reference of objection to Upper Tribunal: general.) of the 1990 Act.
(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory or airspace above a house, building or factory.
(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (Application of compulsory acquisition provisions) of the 2008 Act, is modified as follows—
(a) In section 4A(1) (Extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (Application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (Legal challenges relating to applications for orders granting development consent)”
(2) In section 11A (Powers of entry: further notice of entry)—
(a) in subsection (1)(a), after “land” insert” “under that provision”; and
(b) in subsection (2), after “land” insert” “under that provision”.
(3) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
(a) for paragraphs 1(2) and 14(2) substitute—
(2) But see article 29(3) (acquisition of subsoil only) of the Beacon Fen Energy Park Order 2026, which excludes the acquisition of subsoil only from this Schedule
; and
(b) after paragraph 29, insert—
PART 4 Interpretation
30. In this Schedule, references to entering on and taking possession of land do not include doing so under articles 22 (authority to survey and investigate the land), 32 (temporary use of land for carrying out the authorised development), or 34 (temporary use of land for maintaining or decommissioning the authorised development) of the Beacon Fen Energy Park Order 2026.
.
32 Temporary use of land for carrying out the authorised development
(1) The undertaker may, in connection with the construction of the authorised development—
(a) enter on and take temporary possession of—
(i) so much of the land specified in column 1 of the table in Schedule 10 (land of which temporary possession may be taken) for the purpose specified in relation to the land in column 2 of that table; and
(ii) any land within the Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;
(b) remove any electric line, electrical plant, structures, apparatus, fences, debris, buildings and vegetation from that land;
(c) construct temporary works, haul roads, security fencing, bridges, structures and buildings comprised within the authorised development on that land;
(d) use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development;
(e) construct any works on that land as are mentioned in Schedule 1 (authorised development); and
(f) carry out mitigation works required under the requirements in Part 1 of Schedule 2 (requirements).
(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article—
(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development for which temporary possession of the land was taken; or
(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the part of the authorised development for which temporary possession of the land was taken, unless the undertaker has, before the end of that period, served notice of entry under section 11 (Powers of entry) of the 1965 Act or made a declaration under section 4 of the 1981 Act.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must either acquire the land or, unless otherwise agreed with the owners of the land, remove all works and restore the land to the reasonable satisfaction of the owners of the land, except that the undertaker is not required to—
(a) replace any electric line, electrical plant, structure, apparatus, fence, debris, building or vegetation removed under this article;
(b) remove any drainage works installed by the undertaker under this article;
(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works);
(d) restore the land to a condition better than the relevant land was in before temporary possession;
(e) remove any ground strengthening works which have been placed on the land to facilitate construction, operation, maintenance or decommissioning of the authorised development;
(f) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or
(g) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.
(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article and, for the avoidance of doubt, this will include compensation in respect of any loss or damage further to any ground strengthening works within paragraph (5)(e) carried out by the undertaker in or on that land.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(8) Any dispute as to the satisfactory removal of works and restoration of land under paragraph (5) does not prevent the undertaker giving up possession of the land.
(9) Nothing in this article affects any liability to pay compensation under section 152 (Compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(11) Section 13 (Refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(12) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).
33 Time limit for exercise of authority to temporarily use land for carrying out the authorised development
(1) Subject to paragraph (2), the authority to enter onto land pursuant to article 32 (temporary use of land for carrying out the authorised development) ceases to apply to any land after the period of five years beginning on the day on which the Order is made.
(2) Paragraph (1) will not prevent the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
34 Temporary use of land for maintaining or decommissioning the authorised development
(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—
(a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development;
(b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and
(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (Application of compulsory acquisition provisions) of the 2008 Act.
(11) In this article the “maintenance period” means the period of five years beginning with the date of completion of the part of the authorised development for which temporary possession is required under this article save that in relation to landscaping works where “the maintenance period” means such period as may be approved in a landscape and ecological management plan in accordance with requirement 7 of Schedule 2 to this Order beginning with the date on which that part of the landscape or ecological works is completed.
Subject to the provisions of Schedule 11 (protective provisions), the undertaker may—
(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land and described in the book of reference; and
(b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.
(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 35 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 35 (statutory undertakers), any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer; or
(b) the owner of a private sewer which communicated with that sewer,
is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.
(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.
(4) In this article—
“public communications provider” has the meaning given in section 151(1) (interpretation of Chapter 1) of the 2003 Act; and
“public utility undertaker” has the meaning given in section 329 (further provision as to interpretation) of the 1980 Act.
(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description—
(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;
(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or
(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.
(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 (“Crown land” and “the appropriate Crown authority”) of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.
(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.