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The Peartree Hill Solar Farm Order 2026

S.I. 2026/869 · Made 2 July 2026

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Infrastructure Planning

Made 2nd July 2026

Coming into force 23rd July 2026

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 chapter 2 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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act, made a report and recommendation to the Secretary of State.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 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described 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 is satisfied that the special category land within the Order land, when burdened with the new rights or the imposition of a restrictive covenant as authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114f6, 115f7, 120f8, 122f9, 123f10, 132f11 and 140f12 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, 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 as amended by S.I. 2024/317.

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.

f7

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

f9

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

f10

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

f11

As amended by paragraph 24(3) of the Growth and Infrastructure Act 2013 (c. 27).

f12

S.I. 2010/101.

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. 5Maintenance of authorised development
  8. 6Benefit of this Order
  9. 7Consent to transfer benefit of Order
  10. 8Disapplication and modification of legislative provisions
  11. 9Defence to proceedings in respect of statutory nuisance
  12. Part 3: STREETS
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Power to alter layout, etc., of streets
  16. 13Construction and maintenance of altered streets
  17. 14Temporary closure or restriction of streets and public rights of way
  18. 15Access to works
  19. 16Use of private roads
  20. 17Traffic regulation measures
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Discharge of water
  23. 19Protective work to buildings
  24. 20Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION
  26. 21Compulsory acquisition of land
  27. 22Compulsory acquisition of land – incorporation of the mineral code
  28. 23Time limit for exercise of authority to acquire land compulsorily
  29. 24Compulsory acquisition of rights and imposition of restrictive covenants
  30. 25Private rights over land
  31. 26Power to override easements and other rights
  32. 27Application of the 1981 Act
  33. 28Acquisition of subsoil only
  34. 29Modification of Part 1 of the Compulsory Purchase Act 1965
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Temporary use of land for maintaining the authorised development
  38. 33Statutory undertakers
  39. 34Apparatus and rights of statutory undertakers in closed streets
  40. 35Recovery of costs of new connections
  41. 36Special category land
  42. 37Crown Rights
  43. Part 6: MISCELLANEOUS AND GENERAL
  44. 38Application of landlord and tenant law
  45. 39Operational land for purposes of the 1990 Act
  46. 40Felling or lopping of trees and removal of hedgerows
  47. 41Trees subject to tree preservation orders
  48. 42Certification of documents, etc.
  49. 43Service of notices
  50. 44Arbitration
  51. 45Requirements, appeals, etc.
  52. 46Protective provisions
  53. 47Funding
  54. 48No double recovery
  55. Signature
  56. Schedule 1: AUTHORISED DEVELOPMENT
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. Schedule 2: REQUIREMENTS
  60. Part 1: REQUIREMENTS
  61. 1Interpretation
  62. 2Time limits
  63. 3Detailed design approval
  64. 4Construction environmental management plan
  65. 5Construction traffic management plan
  66. 6Soil Management
  67. 7Site Waste
  68. 8Battery safety management plan
  69. 9Landscape and ecological management plan
  70. 10Public rights of way
  71. 11Fencing and other means of enclosure
  72. 12Operational noise
  73. 13Archaeology
  74. 14Operational environmental management plan
  75. 15Decommissioning and restoration
  76. 16Interaction with Field House Solar Farm and Carr Farm Solar Farm
  77. 17Requirement for written approval
  78. 18Amendments to approved details
  79. 19Consultation
  80. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  81. 20Applications made under Part 1
  82. 21Further information regarding requirements
  83. 22Appeals
  84. 23Fees
  85. Schedule 3: LEGISLATION TO BE DISAPPLIED
  86. 1Paragraph 1
  87. Schedule 4ALTERATION OF STREETS
  88. Schedule 5: STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED OR RESTRICTED
  89. 1STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED
  90. 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED OR RESTRICTED
  91. Schedule 6ACCESS TO WORKS
  92. Schedule 7: TRAFFIC REGULATION MEASURES
  93. 1TRAFFIC SIGNAL AND BANKSPERSON CONTROL AREAS
  94. 2TEMPORARY SPEED LIMIT
  95. 3DEDICATED LEFT TURN MOVEMENTS FOR HEAVY GOODS VEHICLES (ENTRY AND EXIT)
  96. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  97. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  98. Compensation enactments
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. Application of the 1965 Act
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. Schedule 10LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN FOR CARRYING OUT THE AUTHORISED DEVELOPMENT
  111. Schedule 11: PROTECTIVE PROVISIONS
  112. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. On street apparatus
  116. 3Paragraph 3
  117. Apparatus in stopped up public rights of way
  118. 4Paragraph 4
  119. Acquisition of land
  120. 5Paragraph 5
  121. Removal of apparatus
  122. 6Paragraph 6
  123. Facilities and rights for alternative apparatus
  124. 7Paragraph 7
  125. Retained apparatus
  126. 8Paragraph 8
  127. Expenses and costs
  128. 9Paragraph 9
  129. 10Paragraph 10
  130. Cooperation
  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. Part 3: FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
  138. 16Paragraph 16
  139. 17Paragraph 17
  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. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  149. 26Paragraph 26
  150. Submission and approval of plans
  151. 27Paragraph 27
  152. Construction of protective works
  153. 28Paragraph 28
  154. Timing of works and service of notices
  155. 29Paragraph 29
  156. Works not in accordance with this Schedule
  157. 30Paragraph 30
  158. 31Paragraph 31
  159. Maintenance of works
  160. 32Paragraph 32
  161. Remediating impaired drainage work
  162. 33Paragraph 33
  163. Agency access
  164. 34Paragraph 34
  165. Free passage of fish
  166. 35Paragraph 35
  167. Indemnity
  168. 36Paragraph 36
  169. Disputes
  170. 37Paragraph 37
  171. Part 5: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
  172. Application
  173. 38Paragraph 38
  174. Interpretation
  175. 39Paragraph 39
  176. On street apparatus
  177. 40Paragraph 40
  178. Apparatus of National Gas in temporarily closed or restricted streets
  179. 41Paragraph 41
  180. Protective works to buildings
  181. 42Paragraph 42
  182. Acquisition of land
  183. 43Paragraph 43
  184. Removal of apparatus
  185. 44Paragraph 44
  186. Facilities and rights for alternative apparatus
  187. 45Paragraph 45
  188. Retained apparatus: protection of gas undertaker
  189. 46Paragraph 46
  190. Expenses
  191. 47Paragraph 47
  192. Indemnity
  193. 48Paragraph 48
  194. Enactments and agreements
  195. 49Paragraph 49
  196. Co-operation
  197. 50Paragraph 50
  198. Access
  199. 51Paragraph 51
  200. Arbitration
  201. 52Paragraph 52
  202. Notices
  203. 53Paragraph 53
  204. Part 6: FOR THE PROTECTION OF NATIONAL GAS ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  205. Application
  206. 54Paragraph 54
  207. Interpretation
  208. 55Paragraph 55
  209. Interaction with the Wanlass Beck Project
  210. 56Paragraph 56
  211. Peartree Hill Project works
  212. 57Paragraph 57
  213. On Street Apparatus
  214. 58Paragraph 58
  215. Apparatus of National Grid Electricity Transmission Plc in temporarily closed or restricted streets
  216. 59Paragraph 59
  217. Protective works to buildings
  218. 60Paragraph 60
  219. Acquisition of land
  220. 61Paragraph 61
  221. Removal of apparatus
  222. 62Paragraph 62
  223. Facilities and rights for alternative apparatus
  224. 63Paragraph 63
  225. Retained apparatus: protection of National Grid Electricity Transmission Plc as Electricity Undertaker
  226. 64Paragraph 64
  227. Expenses
  228. 65Paragraph 65
  229. Indemnity
  230. 66Paragraph 66
  231. Enactments and agreements
  232. 67Paragraph 67
  233. Co-operation
  234. 68Paragraph 68
  235. Access
  236. 69Paragraph 69
  237. Arbitration
  238. 70Paragraph 70
  239. Notices
  240. 71Paragraph 71
  241. Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
  242. Application
  243. 72Paragraph 72
  244. Interpretation
  245. 73Paragraph 73
  246. Railway operational procedures
  247. 74Paragraph 74
  248. Submission and approval of plans
  249. 75Paragraph 75
  250. 76Paragraph 76
  251. 77Paragraph 77
  252. Access
  253. 78Paragraph 78
  254. Alterations and additions
  255. 79Paragraph 79
  256. Expenses
  257. 80Paragraph 80
  258. Electromagnetic interference
  259. 81Paragraph 81
  260. Adverse impact on railway property
  261. 82Paragraph 82
  262. Signage
  263. 83Paragraph 83
  264. 84Paragraph 84
  265. Indemnity
  266. 85Paragraph 85
  267. Estimated ongoing expenses
  268. 86Paragraph 86
  269. Assessment of expenses
  270. 87Paragraph 87
  271. Transfer of property, land and rights
  272. 88Paragraph 88
  273. Part I of the Railways Act 1993
  274. 89Paragraph 89
  275. Application under article 7 (consent to transfer benefit of Order)
  276. 90Paragraph 90
  277. Certification of plans
  278. 91Paragraph 91
  279. Application of article 44 (arbitration)
  280. 92Paragraph 92
  281. Part 8: FOR THE PROTECTION OF NORTHERN POWERGRID
  282. Application
  283. 93Paragraph 93
  284. 94Paragraph 94
  285. Application of the 1991 Act
  286. 95Paragraph 95
  287. Access to temporarily closed or restricted streets
  288. 96Paragraph 96
  289. Restriction on acquisition of apparatus and rights
  290. 97Paragraph 97
  291. Restriction on interference with communications equipment
  292. 98Paragraph 98
  293. Removal of apparatus
  294. 99Paragraph 99
  295. Facilities and rights for alternative apparatus
  296. 100Paragraph 100
  297. Retained apparatus: protection of Northern Powergrid
  298. 101Paragraph 101
  299. Expenses
  300. 102Paragraph 102
  301. Indemnity
  302. 103Paragraph 103
  303. Enactments and agreements
  304. 104Paragraph 104
  305. Arbitration
  306. 105Paragraph 105
  307. Co-ordination and co-operation
  308. 106Paragraph 106
  309. Access
  310. 107Paragraph 107
  311. Plans
  312. 108Paragraph 108
  313. Notices
  314. 109Paragraph 109
  315. Co-operation
  316. 110Paragraph 110
  317. Schedule 12: HEDGEROWS TO BE REMOVED
  318. 1HEDGEROW TO BE REMOVED AND REINSTATED/REPLACED
  319. 2HEDGEROW TO BE REMOVED
  320. Schedule 13: DOCUMENTS TO BE CERTIFIED
  321. 1ENVIRONMENTAL STATEMENT AND RELATED DOCUMENTS
  322. 2OTHER CERTIFIED DOCUMENTS
  323. Schedule 14: ARBITRATION RULES
  324. Commencing an arbitration
  325. 1Paragraph 1
  326. Time periods
  327. 2Paragraph 2
  328. Timetable
  329. 3Paragraph 3
  330. Procedure
  331. 4Paragraph 4
  332. Arbitrator’s powers
  333. 5Paragraph 5
  334. Costs
  335. 6Paragraph 6
  336. Confidentiality
  337. 7Paragraph 7
  338. Explanatory note