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The East Yorkshire Solar Farm Order 2025

S.I. 2025/585 · Made 9 May 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 20 September 2025.

Infrastructure Planning

Made 9th May 2025

Coming into force 31st May 2025

An application has been made to the Secretary of State for an order granting development consent 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.

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 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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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 2017f5 and has had regard to the documents and matters referred to in section 105(2)f6 of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised 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 114f7, 115f8, 120f9, 122f10 123f11 and 140 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.

f3

S.I. 2010/103.

f4

As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

S.I. 2017/572.

f6

Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011 (c. 20).

f7

As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f8

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

f9

As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f10

As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f11

Ibid.

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. 5Power to maintain the authorised development
  8. 6Application and modification of statutory provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: STREETS
  11. 8Street works
  12. 9Power to alter layout, etc., of streets
  13. 10Construction and maintenance of altered streets
  14. 11Temporary closure of streets and public rights of way
  15. 12Use of private roads
  16. 13Access to works
  17. 14Agreements with street authorities
  18. 15Traffic regulation measures
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Not used
  22. 18Protective works to buildings
  23. 19Authority to survey and investigate the land
  24. Part 5: POWERS OF ACQUISITION
  25. 20Compulsory acquisition of land
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights
  28. 23Private rights
  29. 24Application of the 1981 Act
  30. 25Acquisition of subsoil only
  31. 26Power to override easements and other rights
  32. 27Modification of Part 1 of the Compulsory Purchase Act 1965
  33. 28Rights under or over streets
  34. 29Temporary use of land for constructing the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped up and closed streets
  38. 33Recovery of costs of new connections
  39. Part 6: MISCELLANEOUS AND GENERAL
  40. 34Benefit of the Order
  41. 35Consent to transfer the benefit of the Order
  42. 36Application of landlord and tenant law
  43. 37Operational land for the purposes of the 1990 Act
  44. 38Felling or lopping of trees and removal of hedgerows
  45. 39Trees subject to tree preservation orders
  46. 40Certification of plans and documents, etc.
  47. 41No double recovery
  48. 42Arbitration
  49. 43Protective provisions
  50. 44Not used
  51. 45Service of notices
  52. 46Procedure in relation to certain approvals etc.
  53. 47Guarantees in respect of payment of compensation
  54. 48Compulsory acquisition of land – incorporation of the mineral code
  55. 49Crown rights
  56. Signature
  57. Schedule 1: AUTHORISED DEVELOPMENT
  58. 1Interpretation
  59. 2Paragraph 2
  60. Schedule 2: REQUIREMENTS
  61. 1Interpretation
  62. 2Commencement of the authorised development
  63. 3Approved details and amendments to them
  64. 4Community liaison group
  65. 5Detailed design approval
  66. 6Landscape and Ecological management plan
  67. 7Biodiversity net gain
  68. 8Fencing and other means of enclosure
  69. 9Flood risk and surface and foul water drainage
  70. 10Archaeology
  71. 11Construction environmental management plan
  72. 12Operational environmental management plan
  73. 13Construction traffic management plan
  74. 14Operational noise
  75. 15Soil management plan
  76. 16Skills, supply chain and employment
  77. 17Public rights of way
  78. 18Decommissioning and restoration
  79. Schedule 3: LEGISLATION TO BE DISAPPLIED
  80. 1Paragraph 1
  81. Schedule 4: STREETS SUBJECT TO STREET WORKS
  82. 1Interpretation
  83. Schedule 5: ALTERATION OF STREETS
  84. 1PERMANENT ALTERATION OF LAYOUT
  85. 2TEMPORARY ALTERATION OF LAYOUT
  86. Schedule 6: STREETS AND PUBLIC RIGHTS OF WAY
  87. 1STREETS TO BE TEMPORARILY CLOSED (SINGLE LANE CLOSURES / ROAD CLOSURE)
  88. 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED
  89. 3PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
  90. 4TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY
  91. 5TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
  92. Schedule 7PERMANENT MEANS OF ACCESS TO WORKS
  93. Schedule 8TRAFFIC REGULATION MEASURES
  94. Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  95. 1Interpretation
  96. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  97. 1Compensation enactments
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 4Application of Part 1 of the 1965 Act
  101. 5Paragraph 5
  102. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  103. Schedule 12: DOCUMENTS AND PLANS TO BE CERTIFIED
  104. 1DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
  105. 2EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
  106. 3OTHER DOCUMENTS TO BE CERTIFIED
  107. Schedule 13: ARBITRATION RULES
  108. 1Commencing an arbitration
  109. 2Time periods
  110. 3Timetable
  111. 4Procedure
  112. 5Arbitrator’s powers
  113. 6Costs
  114. 7Confidentiality
  115. Schedule 14: PROTECTIVE PROVISIONS
  116. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. 4Paragraph 4
  121. 5Paragraph 5
  122. 6Paragraph 6
  123. 7Paragraph 7
  124. 8Paragraph 8
  125. 9Paragraph 9
  126. 10Paragraph 10
  127. 11Paragraph 11
  128. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  129. 12Paragraph 12
  130. 13Paragraph 13
  131. 14Paragraph 14
  132. 15Paragraph 15
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  136. 18Paragraph 18
  137. 19Paragraph 19
  138. 20Paragraph 20
  139. 21Paragraph 21
  140. 22Paragraph 22
  141. 23Paragraph 23
  142. 24Paragraph 24
  143. 25Paragraph 25
  144. 26Paragraph 26
  145. Part 4: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  146. 27Interpretation
  147. 28Powers requiring the Canal & River Trust’s consent
  148. 29Fencing
  149. 30Survey of waterway
  150. 31Approval of plans, protective works etc
  151. 32Design of works
  152. 33Notice of works
  153. 34Construction of specified works
  154. 35Prevention of pollution
  155. 36Access to work – provision of information
  156. 37Alterations to the waterway
  157. 38Repayment of the Canal & River Trust’s fees, etc.
  158. 39Making good of detriment; compensation and indemnity, etc.
  159. 40Arbitration
  160. 41Capitalised sums
  161. 42As built drawings
  162. 43Decommissioning
  163. Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  164. 44Paragraph 44
  165. 45Submission and approval of plans
  166. 46Construction of protective works
  167. 47Timing of works and service of notices
  168. 48Works not in accordance with this Schedule
  169. 49Maintenance of works
  170. 50Remediating impaired drainage work
  171. 51Agency access
  172. 52Free passage of fish
  173. 53Indemnity
  174. 54Paragraph 54
  175. 55Disputes
  176. Part 6: FOR THE PROTECTION OF RAILWAY INTERESTS
  177. 56Paragraph 56
  178. 57Paragraph 57
  179. 58Paragraph 58
  180. 59Paragraph 59
  181. 60Paragraph 60
  182. 61Paragraph 61
  183. 62Paragraph 62
  184. 63Paragraph 63
  185. 64Paragraph 64
  186. 65Paragraph 65
  187. 66Paragraph 66
  188. 67Paragraph 67
  189. 68Paragraph 68
  190. 69Paragraph 69
  191. 70Paragraph 70
  192. 71Paragraph 71
  193. 72Paragraph 72
  194. 73Paragraph 73
  195. 74Paragraph 74
  196. 75Paragraph 75
  197. 76Paragraph 76
  198. 77Paragraph 77
  199. Part 7: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  200. 78Application
  201. 79Interpretation
  202. 80Interaction with the SEGL2 Project
  203. 81National Grid connection works
  204. 82Paragraph 82
  205. 83Paragraph 83
  206. 84Paragraph 84
  207. 85On Street Apparatus
  208. 86Apparatus of National Grid in stopped up streets
  209. 87Protective works to buildings
  210. 88Acquisition of land
  211. 89Removal of apparatus
  212. 90Facilities and rights for alternative apparatus
  213. 91Retained apparatus: protection
  214. 92Expenses
  215. 93Indemnity
  216. 94Enactments and agreements
  217. 95Co-operation
  218. 96Access
  219. 97Arbitration
  220. 98Notices
  221. Part 8: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
  222. 99Paragraph 99
  223. 100Paragraph 100
  224. 101Paragraph 101
  225. 102Paragraph 102
  226. 103Paragraph 103
  227. 104Paragraph 104
  228. 105Paragraph 105
  229. 106Paragraph 106
  230. 107Paragraph 107
  231. 108Paragraph 108
  232. 109Paragraph 109
  233. 110Paragraph 110
  234. 111Paragraph 111
  235. 112Paragraph 112
  236. 113Paragraph 113
  237. 114Paragraph 114
  238. 115Paragraph 115
  239. 116Paragraph 116
  240. Part 9: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC
  241. 117Application
  242. 118Interpretation
  243. 119On Street Apparatus
  244. 120Apparatus of National Gas in stopped up streets
  245. 121Protective works to buildings
  246. 122Acquisition of land
  247. 123Removal of apparatus
  248. 124Facilities and rights for alternative apparatus
  249. 125Retained apparatus: protection
  250. 126Expenses
  251. 127Indemnity
  252. 128Enactments and agreements
  253. 129Co-operation
  254. 130Access
  255. 131Arbitration
  256. 132Notices
  257. Schedule 15: NOT USED
  258. 1Paragraph 1
  259. Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  260. 1Interpretation
  261. 2Applications made under requirement
  262. 3Further information and consultation
  263. 4Appeals
  264. 5Fees
  265. Explanatory note