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The Helios Renewable Energy Project Order 2025

S.I. 2025/1372 · Made 3 December 2025

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Infrastructure Planning

Made 3rd December 2025

Coming into force 29th December 2025

An application has been made to the Secretary of State 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 section 61 and section 65 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and with the Infrastructure Planning (Examination Procedure) Rules 2010(f3). The Examining Authority has submitted a report to the Secretary of State under section 74(2) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, and has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(f4), and, as a national policy statement has effect in relation to the proposed development, 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 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 114f5, 115f6, 120f7, 122f8, 123f9 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, S.I. 2018/378 and S.I. 2019/734.

f3

S.I. 2010/103, amended by S.I. 2012/635.

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 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).

f7

As amended by section 140 of 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

Ibid.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Operation of generating station
  8. 6Benefit of the Order
  9. 7Defence to proceedings in respect of statutory nuisance
  10. 8Disapplication and modification of legislative provisions
  11. Part 3: STREETS
  12. 9Street works
  13. 10Power to alter layout, etc. of streets
  14. 11Application of the 1991 Act
  15. 12Construction and maintenance of altered streets
  16. 13Temporary closure of and permitting vehicular use on public rights of way
  17. 14Access to works
  18. 15Agreements with street authorities
  19. 16Traffic regulation
  20. Part 4: SUPPLEMENTAL POWERS
  21. 17Discharge of water
  22. 18Protective work to buildings
  23. 19Authority to survey and investigate 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 carrying out the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in temporarily closed streets
  38. 33Recovery of costs of new connections
  39. Part 6: MISCELLANEOUS AND GENERAL
  40. 34Operational land for the purposes of the 1990 Act
  41. 35Certification of plans, etc.
  42. 36Service of notices
  43. 37Felling or lopping of trees or removal of hedgerows
  44. 38Trees subject to tree preservation orders
  45. 39Arbitration
  46. 40Requirements, appeals etc.
  47. 41Application of landlord and tenant law
  48. 42Protective provisions
  49. 43Funding
  50. Signature
  51. Schedule 1: AUTHORISED DEVELOPMENT
  52. 1Paragraph 1
  53. 2Paragraph 2
  54. 3Paragraph 3
  55. Schedule 2: REQUIREMENTS
  56. Part 1: REQUIREMENTS
  57. 1Time limits
  58. 2Phases of authorised development and date of final commissioning
  59. 3Detailed design approval
  60. 4Construction environmental management plan (CEMP)
  61. 5Decommissioning and restoration
  62. 6Construction traffic management plan (CTMP)
  63. 7Operational environmental management plan (OEMP)
  64. 8Soil management
  65. 9Battery safety management plan
  66. 10Landscape and ecological management plan (LEMP)
  67. 11Implementation and maintenance of landscaping
  68. 12Public rights of way management plan
  69. 13Fencing and other means of enclosure
  70. 14Archaeology
  71. 15Requirement for written approval
  72. 16Amendments to approved details
  73. 17Consultation
  74. 18Hydrogeological Risk Assessment
  75. 19Foundation Works
  76. 20Glint and Glare Mitigation Strategy
  77. 21Flood Management Strategy
  78. 22Supply Chain, Employment and Skills Plan
  79. 23Operational Noise
  80. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  81. 24Interpretation
  82. 25Applications made under requirements
  83. 26Further information regarding requirements
  84. 27Appeals
  85. 28Fees
  86. Schedule 3STREETS SUBJECT TO STREET WORKS
  87. Schedule 4: ALTERATION OF STREETS
  88. 1PERMANENT ALTERATION OF LAYOUT
  89. 2TEMPORARY ALTERATION OF STREETS
  90. Schedule 5PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
  91. Schedule 6ACCESS TO WORKS
  92. Schedule 7: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  93. 1Paragraph 1
  94. Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Application of Part 1 of the 1965 Act
  99. 5Application of Part 1 of the 1965 Act
  100. 6Application of Part 1 of the 1965 Act
  101. 7Application of Part 1 of the 1965 Act
  102. 8Application of Part 1 of the 1965 Act
  103. 9Application of Part 1 of the 1965 Act
  104. 10Application of Part 1 of the 1965 Act
  105. Schedule 9: PROTECTIVE PROVISIONS
  106. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3On street apparatus
  110. 4Acquisition of land
  111. 5Removal of apparatus
  112. 6Facilities and rights for alternative apparatus
  113. 7Retained apparatus
  114. 8Expenses and costs
  115. 9Expenses and costs
  116. 10Enactments and agreements
  117. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  118. 11Paragraph 11
  119. 12Paragraph 12
  120. 13Paragraph 13
  121. 14Paragraph 14
  122. 15Paragraph 15
  123. 16Paragraph 16
  124. Part 3: FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
  125. 17Paragraph 17
  126. 18Paragraph 18
  127. 19Paragraph 19
  128. 20Paragraph 20
  129. 21Paragraph 21
  130. 22Paragraph 22
  131. 23Paragraph 23
  132. 24Paragraph 24
  133. 25Paragraph 25
  134. 26Paragraph 26
  135. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  136. 27Paragraph 27
  137. 28Submission and approval of plans
  138. 29Construction of protective works
  139. 30Timing of works and service of notices
  140. 31Works not in accordance with this Schedule
  141. 32Maintenance of works
  142. 33Remediating impaired drainage work
  143. 34Agency access
  144. 35Free passage of fish
  145. 36Indemnity
  146. 37Indemnity
  147. 38Disputes
  148. Part 5: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
  149. 39Application
  150. 40Interpretation
  151. 41On Street Apparatus
  152. 42Apparatus of NGT in temporarily closed streets
  153. 43Protective work to buildings
  154. 44Acquisition of land
  155. 45Removal of apparatus
  156. 46Facilities and rights for alternative apparatus
  157. 47Retained apparatus: protection
  158. 48Expenses
  159. 49Indemnity
  160. 50Enactments and agreements
  161. 51Co-operation
  162. 52Access
  163. 53Arbitration
  164. 54Notices
  165. Part 6: FOR THE PROTECTION OF NATIONAL GRID ELECRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  166. 55Application
  167. 56Interpretation
  168. 57On Street Apparatus
  169. 58Apparatus of NGET in closed streets
  170. 59Protective work to buildings
  171. 60Acquisition of land
  172. 61Removal of apparatus
  173. 62Facilities and rights for alternative apparatus
  174. 63Retained apparatus: protection
  175. 64Expenses
  176. 65Indemnity
  177. 66Enactments and agreements
  178. 67Co-operation
  179. 68Access
  180. 69Arbitration
  181. 70Notices
  182. Part 7: FOR THE PROTECTION OF NORTHERN POWERGRID
  183. 71Paragraph 71
  184. 72Paragraph 72
  185. 73Paragraph 73
  186. 74Paragraph 74
  187. 75Paragraph 75
  188. 76Paragraph 76
  189. 77Paragraph 77
  190. 78Paragraph 78
  191. 79Paragraph 79
  192. 80Paragraph 80
  193. 81Paragraph 81
  194. 82Paragraph 82
  195. 83Paragraph 83
  196. 84Paragraph 84
  197. 85Paragraph 85
  198. 86Paragraph 86
  199. 87Paragraph 87
  200. 88Paragraph 88
  201. Part 8: FOR THE PROTECTION OF RAILWAY INTERESTS
  202. 89Paragraph 89
  203. 90Paragraph 90
  204. 91Paragraph 91
  205. 92Paragraph 92
  206. 93Paragraph 93
  207. 94Paragraph 94
  208. 95Paragraph 95
  209. 96Paragraph 96
  210. 97Paragraph 97
  211. 98Paragraph 98
  212. 99Paragraph 99
  213. 100Paragraph 100
  214. 101Paragraph 101
  215. 102Paragraph 102
  216. 103Paragraph 103
  217. 104Paragraph 104
  218. 105Paragraph 105
  219. 106Paragraph 106
  220. 107Paragraph 107
  221. 108Paragraph 108
  222. Schedule 10: ARBITRATION RULES
  223. 1Primary objective
  224. 2Time periods
  225. 3Timetable
  226. 4Procedure
  227. 5Arbitrator’s powers
  228. 6Costs
  229. 7Confidentiality
  230. Schedule 11DOCUMENTS TO BE CERTIFIED
  231. Explanatory note