OpenLegislation

The Byers Gill Solar Order 2025

S.I. 2025/934 · Made 23 July 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 27 October 2025.

Infrastructure Planning

Made 23rd July 2025

Coming into force 14th August 2025

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1(“the 2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Examining Authority, having considered the representations made and not withdrawn and the application together with the accompanying documents, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State has considered the representations made and not withdrawn, and the recommendation and report of the Examining Authority, and taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f4 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State is satisfied that the special category land within the Order limits, when burdened with the rights imposed by this Order, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and to the public; and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123 and 140 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/602, S.I. 2010/602, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2017/572; modified by S.I. 2012/1659.

f3

S.I. 2010/103, amended by S.I. 2012/635.

f4

S.I. 2017/572.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Operation of generating stations
  8. 6Consent to transfer benefit of Order
  9. 7Disapplication and modification of legislative provisions
  10. 8Defence to proceedings in respect of statutory nuisance
  11. Part 3: STREETS
  12. 9Street works
  13. 10Application of the 1991 Act
  14. 11Power to alter layout, etc., of streets
  15. 12Construction and maintenance of altered streets
  16. 13Temporary closure of public rights of way
  17. 14Public rights of way
  18. 15Access to works
  19. 16Agreements with street authorities
  20. 17Traffic regulation measures
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Discharge of water
  23. 19Protective work to buildings
  24. 20Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION
  26. 21Compulsory acquisition of land
  27. 22Time limit for exercise of authority to acquire land compulsorily
  28. 23Compulsory acquisition of rights
  29. 24Private rights
  30. 25Acquisition of subsoil only
  31. 26Application of the 1981 Act
  32. 27Power to override easements and other rights
  33. 28Modification of Part 1 of the Compulsory Purchase Act 1965
  34. 29Rights under or over streets
  35. 30Temporary use of land for carrying out the authorised development
  36. 31Temporary use of land for maintaining authorised development
  37. 32Statutory undertakers
  38. 33Apparatus and rights of statutory undertakers in temporarily closed streets
  39. 34Recovery of costs of new connections
  40. Part 6: GENERAL
  41. 35Operational land for the purposes of the 1990 Act
  42. 36Certification of plans, etc.
  43. 37Service of notices
  44. 38Felling or lopping of trees or removal of hedgerows
  45. 39Trees subject to tree preservation orders
  46. 40Arbitration
  47. 41Requirements, appeals, etc.
  48. 42Application of landlord and tenant law
  49. 43Crown rights
  50. 44Protective provisions
  51. 45Funding
  52. Signature
  53. Schedule 1: AUTHORISED DEVELOPMENT
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 3Paragraph 3
  57. Schedule 2: REQUIREMENTS
  58. Part 1: REQUIREMENTS
  59. 1Time limits
  60. 2Phases of authorised development and date of final commissioning
  61. 3Detailed design approval
  62. 4Construction environmental management plans (CEMP)
  63. 5Decommissioning and restoration
  64. 6Construction traffic management plan (CTMP)
  65. 7Pollution and Spillage
  66. 8Materials Management
  67. 9Site Waste
  68. 10Soil Management
  69. 11Battery safety management
  70. 12Landscape and ecological management plan (LEMP)
  71. 13Implementation and maintenance of landscaping
  72. 14Public rights of way diversions
  73. 15Construction hours
  74. 16Construction noise
  75. 17Fencing and other means of enclosure
  76. 18Archaeology
  77. 19Surface and foul water drainage
  78. 20Requirement for written approval
  79. 21Amendments to approved details
  80. 22Consultation
  81. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  82. 23Interpretation
  83. 24Applications made under requirements
  84. 25Further information regarding requirements
  85. 26Appeals
  86. 27Fees
  87. Schedule 3: STREETS SUBJECT TO STREET WORKS
  88. 1Interpretation
  89. Schedule 4: ALTERATION OF STREETS
  90. 1PERMANENT ALTERATION OF LAYOUT AND MAINTAINED BY THE HIGHWAY AUTHORITY
  91. 2TEMPORARY ALTERATION OF LAYOUT
  92. Schedule 5: PUBLIC RIGHTS OF WAY TO BE CLOSED
  93. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
  94. 2Public rights of way to be permanently stopped up
  95. Schedule 6: ACCESS TO WORKS
  96. 1PERMANENT MEANS OF ACCESS TO WORKS
  97. 2TEMPORARY MEANS OF ACCESS TO WORKS
  98. Schedule 7REMOVAL OF HEDGEROWS
  99. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  100. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICITVE COVENANTS
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Application of Part 1 of the 1965 Act
  105. 5Application of Part 1 of the 1965 Act
  106. 6Application of Part 1 of the 1965 Act
  107. 7Application of Part 1 of the 1965 Act
  108. 8Application of Part 1 of the 1965 Act
  109. 9Application of Part 1 of the 1965 Act
  110. 10Application of Part 1 of the 1965 Act
  111. 11Application of Part 1 of the 1965 Act
  112. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  113. Schedule 11: PROTECTIVE PROVISIONS
  114. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  115. 1Application
  116. 2Application
  117. 3Precedence of the 1991 Act in respect of apparatus in the streets
  118. 4No acquisition etc. except by agreement
  119. 5Removal of apparatus
  120. 6Facilities and rights for alternative apparatus
  121. 7Retained apparatus
  122. 8Expenses and costs
  123. 9Expenses and costs
  124. 10Enactments and agreements
  125. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  126. 11Paragraph 11
  127. 12Paragraph 12
  128. 13Paragraph 13
  129. 14Paragraph 14
  130. 15Paragraph 15
  131. 16Paragraph 16
  132. Part 3: FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
  133. 17Paragraph 17
  134. 18Paragraph 18
  135. 19Paragraph 19
  136. 20Paragraph 20
  137. 21Paragraph 21
  138. 22Paragraph 22
  139. 23Paragraph 23
  140. 24Paragraph 24
  141. 25Paragraph 25
  142. 26Paragraph 26
  143. 27Paragraph 27
  144. Part 4: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  145. 28Application
  146. 29Interpretation
  147. 30Interaction with the EGL1 Project
  148. 31On Street Apparatus
  149. 32Apparatus of National Grid Electricity Transmission Plc in stopped up and temporarily closed streets
  150. 33Protective works to buildings
  151. 34Acquisition of land
  152. 35Removal of apparatus
  153. 36Facilities and rights for alternative apparatus
  154. 37Retained apparatus: protection of National Grid Electricity Transmission Plc as Electricity Undertaker
  155. 38Expenses
  156. 39Indemnity
  157. 40Enactments and agreements
  158. 41Co-operation
  159. 42Access
  160. 43Arbitration
  161. 44Notices
  162. Part 5: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
  163. 45Application
  164. 46Interpretation
  165. 47On Street Apparatus
  166. 48Apparatus of National Gas in stopped up and temporarily closed streets
  167. 49Protective works to buildings
  168. 50Acquisition of land
  169. 51Removal of apparatus
  170. 52Facilities and rights for alternative apparatus
  171. 53Retained apparatus: protection
  172. 54Expenses
  173. 55Indemnity
  174. 56Enactments and agreements
  175. 57Co-operation
  176. 58Access
  177. 59Arbitration
  178. 60Notices
  179. Part 6: FOR THE PROTECTION OF NORTHERN POWERGRID
  180. 61Paragraph 61
  181. 62Paragraph 62
  182. 63Paragraph 63
  183. 64Paragraph 64
  184. 65Paragraph 65
  185. 66Paragraph 66
  186. 67Paragraph 67
  187. 68Paragraph 68
  188. 69Paragraph 69
  189. 70Paragraph 70
  190. 71Paragraph 71
  191. 72Paragraph 72
  192. 73Paragraph 73
  193. 74Paragraph 74
  194. 75Paragraph 75
  195. 76Paragraph 76
  196. 77Paragraph 77
  197. 78Paragraph 78
  198. Part 7: FOR THE PROTECTION OF NORTHUMBRIAN WATER LIMITED
  199. 79Paragraph 79
  200. 80Paragraph 80
  201. 81On street apparatus
  202. 82Compulsory acquisition
  203. 83Protection Strips
  204. 84Alteration of NWL Apparatus
  205. 85Access
  206. 86Protective Works to Buildings
  207. 87Removal of Apparatus
  208. 88Facilities and rights for alternative apparatus
  209. 89Apparatus in stopped up and temporarily closed streets
  210. 90Unmapped sewers/other apparatus
  211. 91Expenses and costs
  212. 92Indemnity
  213. 93Arbitration
  214. 94Duty to cooperate
  215. 95Enactments and agreements
  216. Part 8: FOR THE PROTECTION OF NORTHERN GAS NETWORK’S APPARATUS
  217. 96Application
  218. 97Interpretation
  219. 98Interpretation
  220. 99Apparatus of Statutory undertaker in stopped up and temporarily closed streets
  221. 100Acquisition of land
  222. 101Removal or diversion of apparatus
  223. 102Facilities and rights for alternative apparatus
  224. 103Retained apparatus: protection
  225. 104Expenses
  226. 105Indemnity
  227. 106Enactments and agreements
  228. 107Co-operation
  229. 108Access
  230. 109Arbitration
  231. 110Works falling outside of development authorised by the Order
  232. 111Cathodic protection testing
  233. Schedule 12: ARBITRATION RULES
  234. 1Primary objective
  235. 2Time periods
  236. 3Timetable
  237. 4Procedure
  238. 5Arbitrator’s powers
  239. 6Costs
  240. 7Confidentiality
  241. Schedule 13DOCUMENTS TO BE CERTIFIED
  242. Explanatory note