The Fenwick Solar Farm Order 2026
S.I. 2026/151 · Made 18 February 2026
Infrastructure Planning
Made 18th February 2026
Coming into force 11th March 2026
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.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
- 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
- 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
- 6Disapplication and modification of statutory provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 8Street works
- 9Application of permit scheme
- 10Power to alter layout, etc., of streets
- 11Construction and maintenance of altered streets
- 12Temporary closure of streets and public rights of way
- 13Stopping up of public rights of way
- 14Use of private roads
- 15Access to works
- 16Agreements with street authorities
- 17Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 18Discharge of water
- 19Protective works to buildings
- 20Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 21Compulsory acquisition of land
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights
- 24Private rights
- 25Application of the 1981 Act
- 26Acquisition of subsoil only
- 27Power to override easements and other rights
- 28Modification of Part 1 of the Compulsory Purchase Act 1965
- 29Rights under or over streets
- 30Temporary use of land for constructing the authorised development
- 31Temporary use of land for maintaining the authorised development
- 32Statutory undertakers
- 33Apparatus and rights of statutory undertakers in closed streets
- 34Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 35Benefit of the Order
- 36Consent to transfer the benefit of the Order
- 37Application of landlord and tenant law
- 38Operational land for the purposes of the 1990 Act
- 39Felling or lopping of trees and removal of hedgerows
- 40Trees subject to tree preservation orders
- 41Certification of plans and documents, etc.
- 42No double recovery
- 43Arbitration
- 44Protective provisions
- 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
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Interpretation
- 2Authorised development
- Schedule 2: REQUIREMENTS
- 1Commencement of the authorised development
- 2Notice of date of final commissioning
- 3Approved details and amendments to them
- 4Community liaison group
- 5Detailed design approval
- 6Battery safety management
- 7Landscape and Ecological management plan
- 8Biodiversity net gain
- 9Fencing and other means of enclosure
- 10Surface and foul water drainage
- 11Archaeology
- 12Construction environmental management plan
- 13Operational environmental management plan
- 14Construction traffic management plan
- 15Operational noise
- 16Soil management plan
- 17Skills, supply chain and employment
- 18Public rights of way
- 19Decommissioning and restoration
- 20Requirement for written approval
- 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 / STREET 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
- 6STOPPING UP AND DIVERSION OF PUBLIC RIGHTS OF WAY
- Schedule 7: MEANS OF ACCESS TO WORKS
- 1PERMANENT MEANS OF ACCESS TO WORKS
- 2TEMPORARY 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
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- 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
- 27Paragraph 27
- 28Paragraph 28
- Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 51Paragraph 51
- 52Submission and approval of plans
- 53Construction of protective works
- 54Timing of works and service of notices
- 55Works not in accordance with this Schedule
- 56Maintenance of works
- 57Remediating impaired drainage work
- 58Agency access
- 59Free passage of fish
- 60Indemnity
- 61Indemnity
- 62Disputes
- Part 6: FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD
- 63Application
- 64Interpretation
- 65Acquisition of Apparatus
- 66Acquisition of Apparatus
- 67Acquisition of Apparatus
- 68Removal of Apparatus and Rights for Alternative Apparatus
- 69Facilities and Rights for Alternative Apparatus
- 70Retained Apparatus and Alternative Apparatus: protection
- 71Cathodic protection testing
- 72Expenses
- 73Damage to property and other losses
- 74Damage to property and other losses
- 75Insurance
- 76Co-operation and reasonableness
- 77Emergency circumstances
- 78Dispute resolution
- 79Miscellaneous
- Part 7: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
- 80Application
- 81Interpretation
- 82National Grid Connection Works
- 83National Grid Connection Works
- 84National Grid Connection Works
- 85National Grid Connection Works
- 86On Street Apparatus
- 87Apparatus of National Grid Electricity Transmission Plc in stopped up and temporarily closed streets
- 88Protective works to buildings
- 89Acquisition of land
- 90Removal of apparatus
- 91Facilities and rights for alternative apparatus
- 92Retained apparatus: protection
- 93Expenses
- 94Indemnity
- 95Enactments and agreements
- 96Co-operation
- 97Access
- 98Arbitration
- 99Notices
- Part 8: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
- 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
- 117Paragraph 117
- Schedule 15: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under requirement
- 3Further information and consultation
- 4Appeals
- 5Fees
- Explanatory note