Lincolnshire - Notice Of Authorisation Of Compulsory Acquisition

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008
THE BEACON FEN ENERGY PARK ORDER 2026 NOTICE OF AUTHORISATION OF 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 21 August 2026, authorises the compulsory acquisition of land and interests in land, the acquisition of rights and imposition of restrictive covenants, and for land to be temporarily possessed and used in connection with the Project 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 Beacon Fen Energy Park, comprising construction, operation and decommissioning of a solar photovoltaic farm incorporating a battery energy storage system (“BESS”) and on-site substation and electrical connection, including solar PV panels; single stacked BESS units; security perimeter fencing; hedgerow improvements; ecological enhancements; a below ground electrical cable connection at up to 400kV; associated development and ancillary works (“the Project”).

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/EN010151

And also via the project website at: https://www.beaconfenenergypark.co.uk/

A hard copy of the Order has been deposited at the below locations and may be inspected at all reasonable hours:

If you have any enquiries about this notice, where to find the relevant information or on the documentation itself, you may contact Beacon Fen Energy Park Limited by post to FREEPOST Beacon Fen Energy Park (free of charge; no stamp required), email at info@beaconfenenergypark.co.uk or by phone on 03300 571943 (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 Beacon Fen Energy Park 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 Beacon Fen Energy Park Limited using the following address: Stirling Square, 5-7 Carlton Gardens, London, England, SW1Y 5AD).

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 notice 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 temporary use of land and in relation to which it is proposed to suspend or extinguish easements, servitudes and other private rights) and edged red and shaded blue (new rights (including restrictions) to be compulsorily acquired and temporary use of land and in relation to which it is proposed to suspend or extinguish easements, servitudes and other private rights).

The Order also authorises powers to take temporary possession of land (land shown on the Land Plans shaded green (temporary use of land and in relation to which it is proposed to temporarily suspend easements, servitudes and other private rights)).

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 Beacon Fen Energy Park 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 23 (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 27 (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 23 (compulsory acquisition of land) of the Order, by creating them as well as by acquiring rights already in existence;

(c) pursuant to Article 30 (acquisition of subsoil only) of the Order, 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) 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 35 (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 the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Pursuant to Article 28 (private rights) of the Order, all private rights or restrictive covenants over land subject to compulsory acquisition under Article 23 (compulsory acquisition of land) of the Order are 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 Beacon Fen Energy Park 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 32 (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 Part 1 of Schedule 2 (requirements) to the Order; and

(b) pursuant to Article 34 (temporary use of land for maintaining and decommissioning the authorised development) of the Order, at any time during the maintenance period (as defined in paragraph (11) of Article 34 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.

Land in respect of which only rights etc may be acquired is listed in Schedule 8 (land in which only rights etc. may be acquired) to the Order, which specifies the purposes for which the new rights may be acquired over that land. Land of which temporary possession may be taken is listed in Schedule 10 to the Order (land of which temporary possession may be taken), which specifies the purposes for which the temporary possession may be taken over the land.

Further details are provided in the Land Plans, Book of Reference and Statement of Reasons.

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 Beacon Fen Energy Park Order 2026 which authorises compulsory acquisition comes into force, the undertaker (defined in Article 2(1) of the Order as Beacon Fen Energy Park 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

Beacon Fen Energy Park Order 2026

To: The undertaker, being Beacon Fen Energy Park Limited

[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. It would assist the undertaker if reference could be made to the plot numbers given in the Book of Reference.

(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 Beacon Fen Energy Park Limited’s privacy policy https://www.lowcarbon.com/privacy-policy for information on how Beacon Fen Energy Park Limited handles personal data.

For and on behalf of the undertaker, being Beacon Fen Energy Park 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).

Date _________________________