The Sunnica Energy Farm Order 2024
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Change 1
6 Disapplication of legislation, etc.
(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development— (a) Section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991; (b) section 32 (variation of awards) of the Land Drainage Act 1991; (c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; (d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991; (e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only; (f) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and (g) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to temporary possession of land under articles 26 (temporary use of land for constructing the authorised development) and 27 (temporary use of land for maintaining the authorised development) of this Order. (2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967, any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (3) As from the date on which the permitted preliminary works are carried out or the authorised development is commenced, whichever is the earlier, any conditions of the Worlington Quarry planning permission that relate to the land coloured yellow on the restoration overlap plan cease to have effect to the extent that they are inconsistent with the authorised development or with anything done or approved under Schedule 2 (requirements).
6 Disapplication of legislation, etc.
(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development— (a) Section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991; (b) section 32 (variation of awards) of the Land Drainage Act 1991; (c) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; (d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991; (e) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 in respect of a flood risk activity only; (f) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and (g) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to temporary possession of land under articles 26 (temporary use of land for constructing the authorised development) and 27 (temporary use of land for maintaining the authorised development) of this Order. (2) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967, any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act. (3) As from the date on which the permitted preliminary works are carried out or the authorised development is commenced, whichever is the earlier, any conditions of the Worlington Quarry planning permission that relate to the land coloured yellow on the restoration overlap plan cease to have effect to the extent that they are inconsistent with the authorised development or with anything done or approved under Schedule 2 (requirements).
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