The Peartree Hill Solar Farm Order 2026
S.I. 2026/869 · Made 2 July 2026
Infrastructure Planning
Made 2nd July 2026
Coming into force 23rd July 2026
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act, made a report and recommendation to the Secretary of State.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
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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
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S.I. 2010/103 as amended by S.I. 2024/317.
- f4
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As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
- f6
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As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.
- f7
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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
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As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.
- f9
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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
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Operation of generating station
- 5Maintenance of authorised development
- 6Benefit of this Order
- 7Consent to transfer benefit of Order
- 8Disapplication and modification of legislative provisions
- 9Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 10Street works
- 11Application of the 1991 Act
- 12Power to alter layout, etc., of streets
- 13Construction and maintenance of altered streets
- 14Temporary closure or restriction of streets and public rights of way
- 15Access to works
- 16Use of private roads
- 17Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 18Discharge of water
- 19Protective work to buildings
- 20Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 21Compulsory acquisition of land
- 22Compulsory acquisition of land – incorporation of the mineral code
- 23Time limit for exercise of authority to acquire land compulsorily
- 24Compulsory acquisition of rights and imposition of restrictive covenants
- 25Private rights over land
- 26Power to override easements and other rights
- 27Application of the 1981 Act
- 28Acquisition of subsoil only
- 29Modification of Part 1 of the Compulsory Purchase Act 1965
- 30Rights under or over streets
- 31Temporary use of land for carrying out the authorised development
- 32Temporary use of land for maintaining the authorised development
- 33Statutory undertakers
- 34Apparatus and rights of statutory undertakers in closed streets
- 35Recovery of costs of new connections
- 36Special category land
- 37Crown Rights
- Part 6: MISCELLANEOUS AND GENERAL
- 38Application of landlord and tenant law
- 39Operational land for purposes of the 1990 Act
- 40Felling or lopping of trees and removal of hedgerows
- 41Trees subject to tree preservation orders
- 42Certification of documents, etc.
- 43Service of notices
- 44Arbitration
- 45Requirements, appeals, etc.
- 46Protective provisions
- 47Funding
- 48No double recovery
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design approval
- 4Construction environmental management plan
- 5Construction traffic management plan
- 6Soil Management
- 7Site Waste
- 8Battery safety management plan
- 9Landscape and ecological management plan
- 10Public rights of way
- 11Fencing and other means of enclosure
- 12Operational noise
- 13Archaeology
- 14Operational environmental management plan
- 15Decommissioning and restoration
- 16Interaction with Field House Solar Farm and Carr Farm Solar Farm
- 17Requirement for written approval
- 18Amendments to approved details
- 19Consultation
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 20Applications made under Part 1
- 21Further information regarding requirements
- 22Appeals
- 23Fees
- Schedule 3: LEGISLATION TO BE DISAPPLIED
- 1Paragraph 1
- Schedule 4ALTERATION OF STREETS
- Schedule 5: STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED OR RESTRICTED
- 1STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED
- 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED OR RESTRICTED
- Schedule 6ACCESS TO WORKS
- Schedule 7: TRAFFIC REGULATION MEASURES
- 1TRAFFIC SIGNAL AND BANKSPERSON CONTROL AREAS
- 2TEMPORARY SPEED LIMIT
- 3DEDICATED LEFT TURN MOVEMENTS FOR HEAVY GOODS VEHICLES (ENTRY AND EXIT)
- Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 10LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN FOR CARRYING OUT THE AUTHORISED DEVELOPMENT
- Schedule 11: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up public rights of way
- 4Paragraph 4
- Acquisition of land
- 5Paragraph 5
- Removal of apparatus
- 6Paragraph 6
- Facilities and rights for alternative apparatus
- 7Paragraph 7
- Retained apparatus
- 8Paragraph 8
- Expenses and costs
- 9Paragraph 9
- 10Paragraph 10
- Cooperation
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 3: FOR THE PROTECTION OF THE DRAINAGE AUTHORITIES
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 26Paragraph 26
- Submission and approval of plans
- 27Paragraph 27
- Construction of protective works
- 28Paragraph 28
- Timing of works and service of notices
- 29Paragraph 29
- Works not in accordance with this Schedule
- 30Paragraph 30
- 31Paragraph 31
- Maintenance of works
- 32Paragraph 32
- Remediating impaired drainage work
- 33Paragraph 33
- Agency access
- 34Paragraph 34
- Free passage of fish
- 35Paragraph 35
- Indemnity
- 36Paragraph 36
- Disputes
- 37Paragraph 37
- Part 5: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- Application
- 38Paragraph 38
- Interpretation
- 39Paragraph 39
- On street apparatus
- 40Paragraph 40
- Apparatus of National Gas in temporarily closed or restricted streets
- 41Paragraph 41
- Protective works to buildings
- 42Paragraph 42
- Acquisition of land
- 43Paragraph 43
- Removal of apparatus
- 44Paragraph 44
- Facilities and rights for alternative apparatus
- 45Paragraph 45
- Retained apparatus: protection of gas undertaker
- 46Paragraph 46
- Expenses
- 47Paragraph 47
- Indemnity
- 48Paragraph 48
- Enactments and agreements
- 49Paragraph 49
- Co-operation
- 50Paragraph 50
- Access
- 51Paragraph 51
- Arbitration
- 52Paragraph 52
- Notices
- 53Paragraph 53
- Part 6: FOR THE PROTECTION OF NATIONAL GAS ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
- Application
- 54Paragraph 54
- Interpretation
- 55Paragraph 55
- Interaction with the Wanlass Beck Project
- 56Paragraph 56
- Peartree Hill Project works
- 57Paragraph 57
- On Street Apparatus
- 58Paragraph 58
- Apparatus of National Grid Electricity Transmission Plc in temporarily closed or restricted streets
- 59Paragraph 59
- Protective works to buildings
- 60Paragraph 60
- Acquisition of land
- 61Paragraph 61
- Removal of apparatus
- 62Paragraph 62
- Facilities and rights for alternative apparatus
- 63Paragraph 63
- Retained apparatus: protection of National Grid Electricity Transmission Plc as Electricity Undertaker
- 64Paragraph 64
- Expenses
- 65Paragraph 65
- Indemnity
- 66Paragraph 66
- Enactments and agreements
- 67Paragraph 67
- Co-operation
- 68Paragraph 68
- Access
- 69Paragraph 69
- Arbitration
- 70Paragraph 70
- Notices
- 71Paragraph 71
- Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
- Application
- 72Paragraph 72
- Interpretation
- 73Paragraph 73
- Railway operational procedures
- 74Paragraph 74
- Submission and approval of plans
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- Access
- 78Paragraph 78
- Alterations and additions
- 79Paragraph 79
- Expenses
- 80Paragraph 80
- Electromagnetic interference
- 81Paragraph 81
- Adverse impact on railway property
- 82Paragraph 82
- Signage
- 83Paragraph 83
- 84Paragraph 84
- Indemnity
- 85Paragraph 85
- Estimated ongoing expenses
- 86Paragraph 86
- Assessment of expenses
- 87Paragraph 87
- Transfer of property, land and rights
- 88Paragraph 88
- Part I of the Railways Act 1993
- 89Paragraph 89
- Application under article 7 (consent to transfer benefit of Order)
- 90Paragraph 90
- Certification of plans
- 91Paragraph 91
- Application of article 44 (arbitration)
- 92Paragraph 92
- Part 8: FOR THE PROTECTION OF NORTHERN POWERGRID
- Application
- 93Paragraph 93
- 94Paragraph 94
- Application of the 1991 Act
- 95Paragraph 95
- Access to temporarily closed or restricted streets
- 96Paragraph 96
- Restriction on acquisition of apparatus and rights
- 97Paragraph 97
- Restriction on interference with communications equipment
- 98Paragraph 98
- Removal of apparatus
- 99Paragraph 99
- Facilities and rights for alternative apparatus
- 100Paragraph 100
- Retained apparatus: protection of Northern Powergrid
- 101Paragraph 101
- Expenses
- 102Paragraph 102
- Indemnity
- 103Paragraph 103
- Enactments and agreements
- 104Paragraph 104
- Arbitration
- 105Paragraph 105
- Co-ordination and co-operation
- 106Paragraph 106
- Access
- 107Paragraph 107
- Plans
- 108Paragraph 108
- Notices
- 109Paragraph 109
- Co-operation
- 110Paragraph 110
- Schedule 12: HEDGEROWS TO BE REMOVED
- 1HEDGEROW TO BE REMOVED AND REINSTATED/REPLACED
- 2HEDGEROW TO BE REMOVED
- Schedule 13: DOCUMENTS TO BE CERTIFIED
- 1ENVIRONMENTAL STATEMENT AND RELATED DOCUMENTS
- 2OTHER CERTIFIED DOCUMENTS
- Schedule 14: ARBITRATION RULES
- Commencing an arbitration
- 1Paragraph 1
- Time periods
- 2Paragraph 2
- Timetable
- 3Paragraph 3
- Procedure
- 4Paragraph 4
- Arbitrator’s powers
- 5Paragraph 5
- Costs
- 6Paragraph 6
- Confidentiality
- 7Paragraph 7
- Explanatory note