Statutory Instruments
Infrastructure Planning
Made
10th August 2021
Coming into force
11th August 2021
The Cleve Hill Solar Park Order 2020 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act.
Before the end of the relevant period (as defined in paragraph 1(6)(a) of Schedule 4 to the Act), the Secretary of State received a written request from the applicant(3) for the correction of errors and omissions in the Order under paragraph 1(5)(a) of Schedule 4 to the Act.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed Kent County Council, Swale Borough Council and Canterbury City Council, as the relevant local planning authorities(4), that the request has been received.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and 1(8) of Schedule 4 to, the Act, makes the following Order—
1.—(1) This Order may be cited as the Cleve Hill Solar Park (Correction) Order 2021.
(2) This Order comes into force on 11th August 2021.
2. The Cleve Hill Solar Park Order 2020 is corrected as set out in the table in the Schedule to this Order, in which—
(a)column 1 sets out where the correction is to be made;
(b)column 2 sets out how the correction is to be made; and
(c)column 3 sets out the text which is to be substituted, inserted or omitted.
Signed by the authority of the Secretary of State for Business, Energy and Industrial Strategy
Gareth Leigh
Head of Energy Infrastructure Planning
Department for Business, Energy and Industrial Strategy
10th August 2021
Article 2
| Column (1) | Column (2) | Column (3) |
|---|---|---|
| Where the correction is made | How the correction is made | Text substituted, inserted or omitted |
| Article 2(2) | For “Order and” substitute | “Order land” |
| Article 5(12) | For “paragraph (1)” substitute | “paragraph (2)” |
| Article 5(13)(b) | For “Article 0 (street works)” substitute | “Article 8 (street works)” |
| Article 7(1)(b) | Before “is a consequence of” insert | “the defendant shows that the nuisance” |
| Article 24(1)(a) | After “1965 Act” insert | “(other than in connection with the acquisition of rights only)” |
| Article 34(1)(s) | After “management plan” insert | “, plan” |
| Article 39(1)(a) | After “in paragraph (2)” insert | “in relation to that land” |
| Article 39(1)(b) | After “in paragraph (2)” insert | “in relation to that land” |
| Schedule 6, paragraph 3(2) | After “section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 7 to the Cleve Hill Solar Park Order 2020” insert | “);” |
| Schedule 6, paragraph 3(2) | After “(as substituted by paragraph 10 of Schedule 7 to the Cleve Hill Solar Park Order 2020” insert | “)” |
| Schedule 7, Part 1, paragraph 1 | After “(save for National Grid which is protected by Part 2 of this Schedule,” omit | “Blue Transmission London Array Limited which is protected by Part 5 of this Schedule,” |
| Schedule 7, Part 5 | Omit Part 5 (For the protection of Blue Transmission London Array Limited) | Omit Part 5 |
(This note is not part of the Order)
This Order corrects errors and omissions identified in the Cleve Hill Solar Park Order 2020, which granted development consent under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to that Act.
2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c.20) and by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c.23). There are other amendments to the Act which are not relevant to this Order.
As defined in paragraph 4 of Schedule 4 to the Act.
As defined in paragraph 4 of Schedule 4 to the Act.