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NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008

TN25Published 06/11/25
Kentish Express • 

What is planned?

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008THE STONESTREET GREEN SOLAR ORDER 2025 NOTICE OF AUTHORISATION COMPULSORY ACQUISITION

The above Order, made under the Planning Act 2008 by the Secretary of State for Energy Security and Net Zero and published on 23 October 2025, includes provision authorising the compulsory acquisition of land, existing rights over land and of rights over land by creating new rights over it as described in Schedule 1 below and more particularly described in the Order and book of reference accompanying the Order.

The Order includes provision authorising the acquisition for the purpose of constructing, operating and maintaining the Stonestreet Green Solar Project, comprising construction, operation and decommissioning of solar photovoltaic arrays and energy storage, together with associated infrastructure and an underground cable connection to the existing National Grid Sellindge Substation and ancillary or related development.

A copy of the Order as made by the Secretary of State for Energy Security and Net Zero, the statement of reasons for seeking compulsory acquisition powers, the Secretary of State’s decision letter, the Examining Authority’s report of its recommendations, the book of reference and other relevant documents are available to view online free of charge via the Planning Inspectorate’s website within the ‘Documents’ tab at:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010135

And also on the Stonestreet Green Solar Project website at:

www.stonestreetgreensolar.co.uk/home

A hard copy of the Order is available for inspection free of charge as set out below:

Location:
Ashford Borough Council Offices,
International House, Dover Place, Ashford,
Kent TN23 1HU

Opening Times (excluding public holidays):
Monday – Friday 9am to 4pm

Format:
Hard copy

If you have any enquiries about this notice, where to find the relevant information or on the documentation itself, you may contact EPL 001 Limited by post at FREEPOST Stonestreet Green Solar (free of
charge; no stamp required), email at info@stonestreetgreensolar.co.uk or by phone on 08081 698335 (free of charge).

A person aggrieved by the Order may challenge the Order only in accordance
with section 118 of the Planning Act 2008, which stipulates that any proceedings must be brought by filing a claim form for judicial review before the end of the period of 6 weeks beginning with the day after the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order was published).

Once the provision in the Order authorising compulsory acquisition comes into force, the undertaker (defined in Article 2(1) of the Order as EPL 001 Limited or any person who for the time being has the benefit of the Order
in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order)) may acquire the land (including any existing rights and / or new rights) as described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981. A statement on the effect of Parts 2 and 3 of that Act is set out in Schedule 2 below.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give information about the person’s name, address and interest in land, using a prescribed form, to EPL 001
Limited using the following address: 2nd Floor, Regis House, 45 King William Street, London, United Kingdom, EC4R 9AN The prescribed form is set out in Schedule 3 below.

SCHEDULE 1

DESCRIPTION OF THE LAND, EXISTING RIGHTS AND THE NEW RIGHTS

The Order land (as defined in Article 2(1) of the Order) is shown on the land plans (as defined in Article 2(1) of the Order) and described in the book of reference (as defined in Article 2(1) of the Order). This notices relates to so much of the Order land as is shown on the land plans edged red and shaded pink (freehold to be compulsorily acquired and in relation to which it is proposed to extinguish easements, servitudes and other private rights) and edged red and shaded blue (new rights to be compulsorily acquired and restrictive covenants to be imposed and land in relation to which existing easements, servitudes and other private rights the exercise of which is inconsistent with the rights and restrictions acquired pursuant to the Order are to be extinguished).

The Order authorises the compulsory acquisition of land, interests in land and
rights over land, and the powers to use land permanently and temporarily. The Order also authorises alterations to the layout of streets, the construction of accesses to the Project, the permanent and temporary stopping up of the public rights of way, street works, removal of hedgerows, and the application,
disapplication and modification of legislation.

Under the powers granted in the Order, the undertaker (defined in Article 2(1) of the Order as EPL 001 Limited or any person who for the time being has the benefit of the Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order)) may acquire compulsorily (in summary and subject to the details set out in the Order):

(a) pursuant to Article 21 (compulsory acquisition of land) of the Order, so much of the Order land (as defined in Article 2(1) of the Order) as is required for the authorised development (as defined in Article 2(1) of the Order) or to facilitate it, or as is incidental to it, and use any land so acquired for the purposes authorised by the Order or for any other purposes in connection with or ancillary to the authorised development;

(b) pursuant to Article 25 (compulsory acquisition of rights and imposition of
restrictive covenants) of the Order, such rights over the Order land or impose restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under Article 21 (compulsory
acquisition of land) of the Order, by creating them as well as by acquiring rights already in existence;

(c) pursuant to Article 28 (acquisition of subsoil and airspace only) of the Order, so much of, or such rights in, the subsoil of and the airspace over the land referred to in paragraph (1) of Article 21 (compulsory acquisition of land) or article 25 (compulsory acquisition of rights and imposition of restrictive covenants) of the Order 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; and

(d) pursuant to Article 33 (statutory undertakers) of the Order, the land belonging to statutory undertakers within the Order land (as defined in Article 2(1) of the Order) and described in the book of reference (as defined
in Article 2(1) of the Order) and may also acquire existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference; extinguish or suspend the rights of, remove, alter, renew, relocate
or reposition the apparatus belonging to statutory undertakers over or within the Order land; and construct the authorised development in such a way as to interfere with any highway or cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land.

Pursuant to Article 26 (private rights) of the Order, all private rights or restrictive covenants over land subject to compulsory acquisition under article 21 (compulsory acquisition of land) of the Order will be extinguished as
from the date of acquisition of the land, or of the right, or of the benefit of the restrictive covenant, or on the date of entry, whichever is earlier.

Under the powers granted in the Order, the undertaker (defined in Article 2(1) of the Order as EPL 001 Limited or any person who for the time being has the benefit of the Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order)) may also (in summary and subject to the details set out in the Order):

(a) pursuant to Article 30 (temporary use of land for carrying out the authorised development) of the Order, enter on and take temporary possession of the Order land (as defined in Article 2(1) of the Order), remove
any electric line, electrical plant, structures, apparatus, fences, debris, buildings and vegetation from that land; construct temporary works, haul roads, security fencing, bridges, structures and buildings comprised within
the authorised development on that land; use the land for the purposes of a temporary working site with access to the working site in connection with the authorised development; construct any works on that land as are set
out in Schedule 1 (authorised development) to the Order; and carry out mitigation works required under the requirements in Schedule (requirements) to the Order; and

(b) pursuant to Article 32 (temporary use of land for maintaining the authorised development) of the Order, at any time during the maintenance period (as defined in paragraph (12) of Article 32 of the Order) relating to any part of the authorised development, 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; 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 construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose; and

(c) pursuant to Article 38 (use of subsoil and airspace within the Order limits) of the Order, enter on, appropriate and use so much of the subsoil of or airspace over any land (including without limitation any street) within the Order limits as may be required for the authorised development and may use the subsoil or airspace for those purposes or any other purposes ancillary to the authorised development.

Land in respect of which only rights etc may be acquired is listed in Schedule 10 (land in respect of which only rights etc may be acquired) of the Order, which specifies the purposes for which the new rights may be acquired over that land. In addition, Article 34 (acquisition of wayleaves, easements and other rights) gives effect to Schedule 12 (acquisition of wayleaves, easements
and other rights), which allows the EPL 001 Limited or any person who for the time being has the benefit of the Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order) to seek to compulsorily acquire wayleaves, easements or other rights necessary to divert
or relocate utilities for the purpose of the authorised development.

Further details are provided in the land plans and book of reference.

SCHEDULE 2

STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981


Power to execute a general vesting declaration

1.Once the provision in the Stonestreet Green Solar Order 2025 which authorises compulsory acquisition comes into force, the undertaker (defined in Article 2(1) of the Order as EPL 001 Limited or any person who for the time being has the benefit of the Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order)) may acquire any of the land (including any existing rights and / or new rights) described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (“the Act”). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in the undertaker at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after the undertaker executes a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information
relating to the land in pursuance of the invitation contained in the notice of the authorisation of the compulsory acquisition. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first
day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in the undertaker together with the right to enter on the land and take possession of it. Every person on whom the undertaker could have served a notice to treat in respect of his
interest in the land (other than a tenant under one of the tenancies described in paragraph
4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The “vesting date” for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above unless a counter-notice is served under Schedule A1 to the Act within that period.
In such circumstances, the vesting date for the land which is the subject of the counter- notice will be determined in accordance with Schedule A1.

Modifications with respect to certain tenancies

4. In the case of certain tenancies, the position stated above is subject to
modifications. The modifications apply where the tenancy is either a “minor tenancy”, i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or “a long tenancy which is about to expire”. The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or
to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that the undertaker may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of
the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right
of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3


FORM FOR GIVING INFORMATION


Stonestreet Green Solar Order 2025

To: The undertaker, being EPL 001 Limited Reference [plot number(s) and address of land/property] [I] [We] being [a person] [persons] who, if a
general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.

A) Name and address of informant(s) (see explanatory note (i) below)
................................................................................................................. .................................................................................................................

(B) Land in which an interest is held by informant(s) (see explanatory note (ii) below)
.................................................................................................................
.................................................................................................................

(C) Nature of interest (see explanatory note (iii) below)
.................................................................................................................
.................................................................................................................

Signed .................................................................................................................
[on behalf of].................................................................................................................

Date ...................................................

(i) In the case of a joint interest insert the names and addresses of all the informants.

(ii) The land should be described concisely.

(iii) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society and roll number.

Please refer to EPL 001 Limited’s privacy policy https://stonestreetgreensolar.co.uk/privacy+policy for
information on how EPL 001 Limited handles personal data.

For and on behalf of the undertaker, being EPL 001 Limited or any person who for the time being has the benefit of the Order in accordance with articles 6 (benefit of the Order) and 7 (consent to transfer benefit of the Order).

w : www.stonestreetgreensolar.co.uk

e: info@stonestreetgreensolar.co.uk

t: 08081 698335

How long will it take?

Planned start

6-Nov-2025

Estimated end

5-Dec-2025


Open to feedback

From

6-Nov-2025

To

5-Dec-2025

Need to publish a public notice?

If you need to publish a public notice, please contact Kentish Express directly at:

publicnotices@iliffepublishing.co.uk

01780 484831

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