Statutory Instruments

2024 No. 1088

Infrastructure Planning

The Mallard Pass Solar Farm (Correction) Order 2024

Made

31st October 2024

Coming into force

1st November 2024

The Mallard Pass Solar Farm Order 2024 (“ 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.

In accordance with paragraph 1(5)(a) 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 in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed South Kesteven District Council and Rutland County 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, and paragraphs 1(4) and 1(8) of Schedule 4 to the Act, makes the following Order—

Citation and commencement

1.—(1) This Order may be cited as the Mallard Pass Solar Farm (Correction) Order 2024.

(2) This Order comes into force on 1st November 2024.

Corrections

2. The Mallard Pass Solar Farm Order 2024 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

Signatory by authority of the Secretary of State for Energy Security and Net Zero.

John Wheadon

Head of Energy Infrastructure Planning Delivery

31st October 2024

Department of Energy Security and Net Zero

Article 2

SCHEDULE Corrections

Column (1)	Column (2)	Column (3)
Where the correction is made	How the correction is made	Text substituted, inserted or omitted
Contents	For “SCHEDULE 6 — PUBLIC RIGHTS OF WAY PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP”, substitute	“SCHEDULE 6 — PUBLIC RIGHTS OF WAY PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED”
Interpretation, “Commissioning”	For ““ commissioning” means the process of testing all systems and components of Work No. 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”, substitute	““ commissioning” means the process of testing the systems and components of the phase of Work No. 1 that is the subject of the notice given under requirement 3 of Schedule 2 (requirements) in order to ensure that they function in accordance with plant design specifications and the undertaker’s operational and safety requirements”
Interpretation, “Order limits”	After “limits of land”, insert	“or rights over land”
Article 2	For “employment, skills and supply chain plan”, substitute	“skills, supply chain and employment plan”
Article 6(1)	For “operation”, substitute	“activities or development”
Article 10(1)	For “streetauthority”, substitute	“street authority”
Article 11(3)(a)	For “stopped up”, substitute	“closed”
Article 11(6)	For “stopped up”, substitute	“closed”
Article 12(8)	After “section 53(1) of the Wildlife and Countryside Act 1981;”, insert	“and”
Article 12(8)	Omit	“; and section 159 of the 2008 Act applies to this article”
Article 17(2)(b)	For “part”, substitute	“phase”
Article 17(8)(b)	For “part”, substitute	“phase”
Article 25(3)(a)	After “enactments for”, insert	“the”
Article 27(2)	After “challenge”, insert	“)”
Article 29(4)(a)	For “part”, substitute	“phase”
Article 29(4)(b)	For “part”, substitute	“phase”
Article 30(11)	For “part”, substitute	“phase”
Article 32	For “closureof”, substitute	“closure of”
Article 43(6)	For “work”, insert	“works”
Schedule 1, Work No.1	For “and”, substitute	“The”
Schedule 1, Work No.1	For “including”, substitute	“includes”
Schedule 2, requirement 17(2) and (3)	For “skills, supply chain and employment plan”, substitute	“employment, skills and supply chain plan”
Schedule 6, Part 1, title	For “STOPPED UP” , substitute	“CLOSED”
Schedule 10, paragraph 5(4)	For “persons without power to sell their interests”, substitute	“owners under incapacity”
Schedule 15, Part 3, paragraph 21	For “work”, substitute	“works”
Schedule 16, paragraph 4(6)	After “the relevant time limits”, insert	“and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits”
Schedule 16, paragraph 5(3)	For “this sub-paragraph”, substitute	“sub-paragraphs”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors identified in the Mallard Pass Solar Farm Order 2024 ( S.I. 2024/796), which granted development consent under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to the Act.

( 1)

S.I. 2024/796

( 2)

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.

( 3)

As defined in paragraph 4 of Schedule 4 to the Act.

( 4)