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The Dean Moor Solar Farm Order 2026

S.I. 2026/754 · Made 2 July 2026

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Infrastructure Planning

Made 2nd July 2026

Coming into force 24th July 2026

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

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to chapter 2 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act made a report and recommendation to the Secretary of State.

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

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114f5, 115f6, 120f7, 122f8, 123f9 and 140f10 of the 2008 Act makes the following Order.

Annotations to the whole text

Footnotes

f1

2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572 and S.I. 2018/378.

f3

S.I. 2010/103.

f4

S.I. 2017/572.

f5

As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

f6

As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f7

As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

f8

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f9

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f10

S.I. 2010/101.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by this Order
  6. 4Operation of generating station
  7. 5Maintenance of authorised development
  8. 6Benefit of this Order
  9. 7Consent to transfer benefit of Order
  10. 8Disapplication and modification of legislative provisions
  11. 9Defence to proceedings in respect of statutory nuisance
  12. Part 3: STREETS
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Power to alter layout, etc., of streets
  16. 13Construction and maintenance of altered streets
  17. 14Temporary closure or restriction of streets
  18. 15Access to works
  19. 16Use of private roads
  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. 22Compulsory acquisition of land – incorporation of the mineral code
  28. 23Time limit for exercise of authority to acquire land compulsorily
  29. 24Compulsory acquisition of rights and imposition of restrictive covenants
  30. 25Private rights over land
  31. 26Power to override easements and other rights
  32. 27Application of the 1981 Act
  33. 28Acquisition of subsoil only
  34. 29Modification of Part 1 of the Compulsory Purchase Act 1965
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Temporary use of land for maintaining the authorised development
  38. 33Statutory undertakers
  39. 34Apparatus and rights of statutory undertakers in stopped up or temporarily closed streets
  40. 35Recovery of costs of new connections
  41. Part 6: MISCELLANEOUS AND GENERAL
  42. 36Application of landlord and tenant law
  43. 37Operational land for purposes of the 1990 Act
  44. 38Felling or lopping of trees and removal of hedgerows
  45. 39Certification of documents, etc.
  46. 40Service of notices
  47. 41Arbitration
  48. 42Requirements, appeals, etc.
  49. 43Protective provisions
  50. 44Funding
  51. 45No double recovery
  52. Signature
  53. Schedule 1: AUTHORISED DEVELOPMENT
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. Schedule 2: REQUIREMENTS
  57. Part 1: REQUIREMENTS
  58. 1Interpretation
  59. 2Time limits
  60. 3Detailed design approval
  61. 4Construction environmental management plan
  62. 5Construction traffic management plan
  63. 6Landscaping design
  64. 7Landscape and ecological management plan
  65. 8Fencing and other means of enclosure
  66. 9Surface water drainage strategy
  67. 10Archaeology
  68. 11Soil management plan
  69. 12Operational management plan
  70. 13Operational noise
  71. 14Decommissioning and restoration
  72. 15Requirement for written approval
  73. 16Amendments to approved details
  74. 17Consultation
  75. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  76. 18Applications made under Part 1
  77. 19Further information regarding requirements
  78. 20Appeals
  79. 21Fees
  80. Schedule 3: LEGISLATION TO BE DISAPPLIED
  81. 1Paragraph 1
  82. Schedule 4STREETS SUBJECT TO STREET WORKS
  83. Schedule 5ALTERATION OF STREETS
  84. Schedule 6STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED
  85. Schedule 7ACCESS TO WORKS
  86. Schedule 8TRAFFIC REGULATION MEASURES
  87. Schedule 9LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  88. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  89. Compensation enactments
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. Application of the 1965 Act
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  102. Schedule 12DOCUMENTS TO BE CERTIFIED
  103. Schedule 13: PROTECTIVE PROVISIONS
  104. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. On street apparatus
  108. 3Paragraph 3
  109. Apparatus in closed streets
  110. 4Paragraph 4
  111. Acquisition of land
  112. 5Paragraph 5
  113. Removal of apparatus
  114. 6Paragraph 6
  115. Facilities and rights for alternative apparatus
  116. 7Paragraph 7
  117. Retained apparatus
  118. 8Paragraph 8
  119. Expenses and costs
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. Cooperation
  123. 11Paragraph 11
  124. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  125. 12Paragraph 12
  126. 13Paragraph 13
  127. 14Paragraph 14
  128. 15Paragraph 15
  129. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  130. 16Paragraph 16
  131. 17Paragraph 17
  132. 18Paragraph 18
  133. 19Paragraph 19
  134. 20Paragraph 20
  135. 21Paragraph 21
  136. 22Paragraph 22
  137. 23Paragraph 23
  138. 24Paragraph 24
  139. 25Paragraph 25
  140. Part 4: FOR THE PROTECTION OF UNITED UTILITIES WATER LIMITED
  141. 26Paragraph 26
  142. 27Paragraph 27
  143. Expenses and costs
  144. 28Paragraph 28
  145. Schedule 14: ARBITRATION RULES
  146. 1Commencing an arbitration
  147. 2Time periods
  148. 3Timetable
  149. 4Procedure
  150. 5Arbitrator’s powers
  151. 6Costs
  152. 7Confidentiality
  153. Explanatory note