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The Fenwick Solar Farm Order 2026

S.I. 2026/151 · Made 18 February 2026

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Infrastructure Planning

Made 18th February 2026

Coming into force 11th March 2026

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 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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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 104(2) 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 114f6, 115f7, 117 f8, 120f9, 122f10 123f11 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). Section 37 was amended by sections 128(2) and 137 of, and paragraphs 1 and 5 of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, 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, amended by S.I. 2012/635.

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

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

f7

As amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f8

As amended by paragraph 58 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

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