The East Yorkshire Solar Farm Order 2025
S.I. 2025/585 · Made 9 May 2025 · Extends to England and Wales
Infrastructure Planning
Made 9th May 2025
Coming into force 31st May 2025
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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
- f3
- f4
-
As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
- 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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Operation of generating station
- 5Power to maintain the authorised development
- 6Application and modification of statutory provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 8Street works
- 9Power to alter layout, etc., of streets
- 10Construction and maintenance of altered streets
- 11Temporary closure of streets and public rights of way
- 12Use of private roads
- 13Access to works
- 14Agreements with street authorities
- 15Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Not used
- 18Protective works to buildings
- 19Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 20Compulsory acquisition of land
- 21Time limit for exercise of authority to acquire land compulsorily
- 22Compulsory acquisition of rights
- 23Private rights
- 24Application of the 1981 Act
- 25Acquisition of subsoil only
- 26Power to override easements and other rights
- 27Modification of Part 1 of the Compulsory Purchase Act 1965
- 28Rights under or over streets
- 29Temporary use of land for constructing the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped up and closed streets
- 33Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 34Benefit of the Order
- 35Consent to transfer the benefit of the Order
- 36Application of landlord and tenant law
- 37Operational land for the purposes of the 1990 Act
- 38Felling or lopping of trees and removal of hedgerows
- 39Trees subject to tree preservation orders
- 40Certification of plans and documents, etc.
- 41No double recovery
- 42Arbitration
- 43Protective provisions
- 44Not used
- 45Service of notices
- 46Procedure in relation to certain approvals etc.
- 47Guarantees in respect of payment of compensation
- 48Compulsory acquisition of land – incorporation of the mineral code
- 49Crown rights
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Interpretation
- 2Paragraph 2
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Approved details and amendments to them
- 4Community liaison group
- 5Detailed design approval
- 6Landscape and Ecological management plan
- 7Biodiversity net gain
- 8Fencing and other means of enclosure
- 9Flood risk and surface and foul water drainage
- 10Archaeology
- 11Construction environmental management plan
- 12Operational environmental management plan
- 13Construction traffic management plan
- 14Operational noise
- 15Soil management plan
- 16Skills, supply chain and employment
- 17Public rights of way
- 18Decommissioning and restoration
- Schedule 3: LEGISLATION TO BE DISAPPLIED
- 1Paragraph 1
- Schedule 4: STREETS SUBJECT TO STREET WORKS
- 1Interpretation
- Schedule 5: ALTERATION OF STREETS
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 6: STREETS AND PUBLIC RIGHTS OF WAY
- 1STREETS TO BE TEMPORARILY CLOSED (SINGLE LANE CLOSURES / ROAD CLOSURE)
- 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND DIVERTED
- 3PERMANENT USE OF MOTOR VEHICLES ON PUBLIC RIGHT OF WAY
- 4TEMPORARY MANAGEMENT OF PUBLIC RIGHTS OF WAY
- 5TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
- Schedule 7PERMANENT MEANS OF ACCESS TO WORKS
- Schedule 8TRAFFIC REGULATION MEASURES
- Schedule 9: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- 1Interpretation
- Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 12: DOCUMENTS AND PLANS TO BE CERTIFIED
- 1DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 2EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 3OTHER DOCUMENTS TO BE CERTIFIED
- Schedule 13: ARBITRATION RULES
- 1Commencing an arbitration
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 14: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Part 4: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
- 27Interpretation
- 28Powers requiring the Canal & River Trust’s consent
- 29Fencing
- 30Survey of waterway
- 31Approval of plans, protective works etc
- 32Design of works
- 33Notice of works
- 34Construction of specified works
- 35Prevention of pollution
- 36Access to work – provision of information
- 37Alterations to the waterway
- 38Repayment of the Canal & River Trust’s fees, etc.
- 39Making good of detriment; compensation and indemnity, etc.
- 40Arbitration
- 41Capitalised sums
- 42As built drawings
- 43Decommissioning
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 44Paragraph 44
- 45Submission and approval of plans
- 46Construction of protective works
- 47Timing of works and service of notices
- 48Works not in accordance with this Schedule
- 49Maintenance of works
- 50Remediating impaired drainage work
- 51Agency access
- 52Free passage of fish
- 53Indemnity
- 54Paragraph 54
- 55Disputes
- Part 6: FOR THE PROTECTION OF RAILWAY INTERESTS
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- Part 7: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
- 78Application
- 79Interpretation
- 80Interaction with the SEGL2 Project
- 81National Grid connection works
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85On Street Apparatus
- 86Apparatus of National Grid in stopped up streets
- 87Protective works to buildings
- 88Acquisition of land
- 89Removal of apparatus
- 90Facilities and rights for alternative apparatus
- 91Retained apparatus: protection
- 92Expenses
- 93Indemnity
- 94Enactments and agreements
- 95Co-operation
- 96Access
- 97Arbitration
- 98Notices
- Part 8: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- Part 9: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC
- 117Application
- 118Interpretation
- 119On Street Apparatus
- 120Apparatus of National Gas in stopped up streets
- 121Protective works to buildings
- 122Acquisition of land
- 123Removal of apparatus
- 124Facilities and rights for alternative apparatus
- 125Retained apparatus: protection
- 126Expenses
- 127Indemnity
- 128Enactments and agreements
- 129Co-operation
- 130Access
- 131Arbitration
- 132Notices
- Schedule 15: NOT USED
- 1Paragraph 1
- Schedule 16: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under requirement
- 3Further information and consultation
- 4Appeals
- 5Fees
- Explanatory note