The Helios Renewable Energy Project Order 2025

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

• (4) In this article—

• (a) “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003³¹; and

• (b) “public utility undertaker” has the same meaning as in the 1980 Act.

PART 6 — MISCELLANEOUS AND GENERAL

Operational land for the purposes of the 1990 Act

34

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Certification of plans, etc.

35

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 11 (documents to be certified) for certification that they are true copies of the plans and documents referred to in this Order.

• (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

36

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978³² as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving is conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provider such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

• (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent that it would be if served, given or supplied by means of a notice or document in printed form.

Felling or lopping of trees or removal of hedgerows

37

• (1) The undertaker may fell or lop any tree, or shrub within the Order limit, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, or shrub—

• (a) from obstructing or interfering with the construction, maintenance operation or decommissioning of the authorised development or any apparatus used in connection with the authorised development;

• (b) from constituting a danger to persons using the authorised development; or

• (c) obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree, or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (4) The undertaker may for the purposes of the authorised development or in connection with the authorised development, subject to paragraph (2) and requirement 10, undertake works to remove or manage any hedgerows within the Order limits.

• (5) The undertaker may not pursuant to paragraphs (1) and (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

• (6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997.

Trees subject to tree preservation orders

38

• (1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

• (2) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

• (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

• (3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

• (4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Arbitration

39

• (1) Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled in arbitration in accordance with the rules at Schedule 10 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

• (2) Any matter for which the consent or approval of the Secretary of State is required under any provision of this Order shall not be subject to arbitration.

Requirements, appeals etc.

40

• (1) Where an application is made to, or a request is made of, the local planning authority or any other relevant person for any consent, agreement or approval required or contemplated by any of the provisions of this Order, such consent, agreement or approval must, to be validly given, be given in writing.

• (2) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

• (3) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements in Part 1 (requirements) of that Schedule.

Application of landlord and tenant law

41

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants may prejudice the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law to which paragraph (2) applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Protective provisions

42

Schedule 9 (protective provisions) has effect.

Funding

43

• (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either—

• (a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

• (b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

• (2) The provisions are—

• (a) article 20 (compulsory acquisition of land);

• (b) article 22 (compulsory acquisition of rights);

• (c) article 23 (private rights);

• (d) article 25 (acquisition of subsoil only);

• (e) article 30 (rights under or over streets);

• (f) article 29 (temporary use of land for carrying out the authorised development);

• (g) article 30 (temporary use of land for maintaining the authorised development); and

• (h) article 31 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

• (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

1

In this Schedule—

• “balance of solar plant” means inverters, transformers and switchgear, comprising either— field stations being a station comprising centralised inverters, transformers and switchgear with each component for each field station comprising either— a “field station” located outside, with a concrete foundation on a gravel sub-base for each of the inverters and transformers and switchgear; or housed together within a container sitting on a concrete foundation on a gravel sub-base; or string inverters attached either to mounting structures or a ground mounted frame switchgear and transformers on a concrete foundation on a gravel sub-base;

• “battery energy storage” means equipment used for the storage and discharge of electrical energy by battery;

• “electrical cables” means cables of differing types and voltages installed for the purposes of conducting electricity, auxiliary cables, cables connecting to direct current (DC) boxes, earthing cables and optical fibre cables; excavations to install trenching, including storage of excavated material; and provision of ducting or alternative means of conducting media including jointing pits hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protections, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for trenchless installation techniques, trenching, lighting, and a put or container to capture fluids associated with drilling;

• “inverter” means electrical equipment required to convert direct current power to alternating current;

• “mounting structure” means a frame or rack made of galvanised steel, anodised aluminium or other material design to support the solar panels and provide for single-axis tracking, mounted on piles driven into the ground, piles rammed into a pre-drilled hole, or pillars fixed to a concrete foundation;

• “permissive paths” means new access tracks providing restricted public access within the Order limits along the routes shown on the access and rights of way plan;

• “solar panel” means a solar photovoltaic panel or module designed to convert solar irradiance to electrical energy;

• “substation” means a compound containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation with welfare facilities, means of access and other associated facilities;

• “switchgear” means a combination of electrical disconnect switches, fuses or circuit breakers used to control, protect, and isolate electrical equipment;

• “transformer” means a structure serving to transform electricity to a higher voltage; and

• “trenchless installation techniques” means the installation of new electrical cabling and/or associated equipment by means of boring techniques including horizontal directional drilling, auger boring and micro-tunnelling.

2

In the administrative area of North Yorkshire Council the construction, operation, maintenance and decommissioning of a nationally significant infrastructure project as defined in sections 14(1) and 15 of the 2008 Act with associated development under section 115(1)(b) of the 2008 Act.

3

The nationally significant infrastructure project comprises a generating station with a gross electrical output of over 50 megawatts alternating current comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule—

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Time limits

1

The authorised development must commence no later than the expiration of 5 years beginning with the date this Order comes into force.

Phases of authorised development and date of final commissioning

2

• (1) The authorised development may not be commenced until a written scheme setting out the proposed phases of construction of the authorised development has been submitted to and approved by the local planning authority.

• (2) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

• (3) Notice of the date of final commissioning with respect to each phase of Work No. 1 must be given to the local planning authority within 21 working days of the date of final commissioning for that phase.

• (4) Nothing shall prevent the undertaker and the local planning authority agreeing to amend the written scheme setting out the proposed phases of construction.

• (5) The approved written scheme may contain flexibility and optioneering for different proposed phases of construction provided that the undertaker notifies the local planning authority of the final intended phasing prior to commencement.

Detailed design approval

3

• (1) No phase of the authorised development may commence until details of—

• (a) the layout;

• (b) scale;

• (c) proposed finished ground levels;

• (d) external appearance;

• (e) hard surfacing materials;

• (f) vehicular and pedestrian access, parking and circulation areas;

• (g) refuse or other storage units, signs and lighting;

• (h) drainage, water, power and communications cables and pipelines;

• (i) programme for landscaping works;

• (j) fencing;

• (k) security measures; and

• (l) any mitigation measures necessary to address noise impacts.

relating to that phase have been submitted to and approved in writing by the local planning authority.

• (2) The details submitted must accord with—

• (a) the location and order limits plan;

• (b) the works plans;

• (c) the principles and assessments set out in the environmental statement; and

• (d) the outline design principles document.

• (3) The authorised development must be carried out in accordance with the approved details.

Construction environmental management plan (CEMP)

4

• (1) No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the local planning authority, in consultation with the Environment Agency in relation to matters in relation to its statutory functions.

• (2) Any CEMP submitted for approval must be in accordance with the outline CEMP and any approved CEMP must be adhered to for the duration of the works in the phase of the authorised development to which the CEMP relates.

• (3) The CEMP for each phase of the authorised development must provide details of—

• (a) site and construction working hours including details of out of hours working procedures;

• (b) community liaison;

• (c) complaints procedures;

• (d) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

• (e) construction dust assessment;

• (f) site waste and materials management measures;

• (g) pollution control measures to prevent the introduction of any hazardous substances;

• (h) security measures and use of artificial lighting; and

• (i) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction.

Decommissioning and restoration

5

• (1) Decommissioning works must commence no later than 40 years following the date of the final commissioning of Work No. 1 that is the subject of the last notice given by the undertaker pursuant to requirement 2(3) (phase of authorised development and date of final commissioning).

• (2) No later than 12 months prior to the commencement of any decommissioning works for any part of the authorised development, the undertaker must—

• (a) submit to the local planning authority for approval a decommissioning environmental management plan for that part; and

• (b) submit to the local planning authority for approval in consultation with National Highways (or its successors) a decommissioning traffic management plan for that part.

• (3) No later than year 15 of operation the undertaker must notify the local planning authority that the undertaker has put in place the requisite decommissioning security in the form as required by the landowners.

• (4) The plans submitted and approved under sub-paragraph (2) must be substantially in accordance with the relevant part of the outline DEMP.

• (5) The decommissioning environmental management plan submitted and approved must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.

• (6) No decommissioning works must be carried out until the local planning authority approves the plans submitted in relation to such works are approved as set out on subparagraph (2).

• (7) The plans submitted to and approved pursuant to sub-paragraph (2) must be implemented as approved for the works required to decommission that phase of the authorised development unless otherwise approved in writing.

• (8) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.

Construction traffic management plan (CTMP)

6

• (1) No phase of the authorised development may commence until a CTMP covering that phase and in accordance with the outline CTMP has been submitted to and approved by the local planning authority, in consultation with the highway authority for the highway(s) to which the CTMP for that phase relates.

• (2) The CTMP must be substantially in accordance with the outline CTMP.

• (3) The CTMP submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

Operational environmental management plan (OEMP)

7

• (1) Prior to the date of final commissioning for any phase of the authorised development, an OEMP for that part must be submitted to and approved by the local planning authority in consultation with the waste authority, the highway authority and the Environment Agency.

• (2) The OEMP must include details of—

• (a) nuisance management including measures to avoid or minimise the impacts of operational works (covering dust, noise and vibration); and

• (b) associated traffic movements, including delivery vehicles and staff operation/vehicle movements.

• (3) The OEMP must be substantially in accordance with the outline OEMP

• (4) The OEMP submitted and approved pursuant to sub-paragraph (1) must be implemented and maintained as approved throughout the operation of the relevant phase of the authorised development to which the plan relates.

Soil management

8

• (1) No phase of the authorised development may commence until a soil resource management plan for that phase, which must be substantially in accordance with the outline soil resource management plan as relevant to construction activities, has been submitted to and approved by the local planning authority.

• (2) All construction works associated with the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (1).

• (3) Prior to the date of final commissioning for any phase of the authorised development, a soil resource management plan, which must be substantially in accordance with the outline soil resource management plan as relevant to operational activities, for that phase must be submitted to and approved by the local planning authority.

• (4) The operation of the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (3) and maintained throughout the operation of the relevant phase of the authorised development to which the plan relates.

• (5) Prior to the commencement of decommissioning works for any phase of the authorised development, a soil resource management plan, which must be substantially in accordance with the outline soil resource management plan as relevant to decommissioning activities, for that phase must be submitted to and approved by the local planning authority.

• (6) The decommissioning of the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (5).

Battery safety management plan

9

• (1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by the local planning authority in consultation with North Yorkshire Fire and Rescue Service and the Environment Agency.

• (2) The submitted battery safety management plan must either accord with the outline battery safety management plan or detail such changes as the undertaker considers are required to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development.

• (3) The outline battery safety management plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

Landscape and ecological management plan (LEMP)

10

• (1) No phase of the authorised development may commence until a LEMP covering that phase which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England.

• (2) The LEMP must include—

• (a) details of the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stages of the authorised development;

• (b) details of habitat creation including how a minimum of 10% biodiversity net gain in habitat units, calculated using the Department of Environment, Food and Rural Affairs’ Statutory Metric (July 2025), or if this is withdrawn or replaced, a biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body), will be achieved during the operation of the authorised development;

• (c) details of ongoing management including seasonal grazing regime and other measures including the annual review of the need for any additional mitigation planning work during the lifetime of the authorised development;

• (d) a timetable for the landscape management and maintenance of the land within the Order limits during the lifetime of the authorised development;

• (e) landscaping details; and

• (f) detailed arrangements for—

• (i) regular monitoring of the condition and effectiveness of the habitat provided for ground nesting birds, including the recording of the number and location of any skylark plots provided;

• (ii) regular monitoring of population and productivity of ground nesting birds.

• (3) The arrangements under (1) and (2) must be carried out for the duration of the lifetime of the authorised development, unless otherwise agreed in writing by the local planning authority.

• (4) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan.

• (5) The LEMP submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

Implementation and maintenance of landscaping

11

• (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 10 (landscape and ecological management plan), and in accordance with the relevant recommendations of the appropriate British Standards.

• (2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the reasonable opinion of the local planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Public rights of way management plan

12

• (1) No phase of the authorised development may commence and no decommissioning will be undertaken until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the rights of way and access plans for that phase has been submitted to and approved by the local planning authority in consultation with the relevant highway authority.

• (2) The plan must include details of—

• (a) measures to minimise the length of any sections of public rights of way to be temporarily closed; and

• (b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed.

• (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the local planning authority, in consultation with the highway authority.

Fencing and other means of enclosure

13

• (1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the local planning authority as part of the detailed design approval required by requirement 3 (detailed design approval).

• (2) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development.

• (3) Any temporary fencing must be removed on completion of the relevant work.

• (4) Any approved permanent fencing must be completed before completion of the authorised development.

Archaeology

14

• (1) No phase within the authorised development may commence until a written scheme of investigation, substantially in accordance with the outline archaeological mitigation strategy, within that phase has been submitted to and approved by the local planning authority.

• (2) Any archaeological works or programme of archaeological investigation carried out under the approved written scheme for investigation must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute.

• (3) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the approved scheme.

Requirement for written approval

15

Where the approval, agreement or confirmation of the Secretary of State, local planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing.

Amendments to approved details

16

• (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the local planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the local planning authority in accordance with sub-paragraph (2).

• (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the local planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effect from those assessed in the environmental statement.

• (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the local planning authority.

Consultation

17

Where the local planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such other person or body prior to making an application to discharge the requirement.

Hydrogeological Risk Assessment

18

No phase of the authorised development which requires horizontal direct drilling or any other trenchless utility installation methods may commence until a hydrogeological risk assessment , the scope of which will be agreed in consultation with the Environment Agency, has been submitted to and approved by the local planning authority in consultation with the Environment Agency.

Foundation Works

19

• (1) No phase of the authorised development is to commence until method statements for all foundation works which may impact the principal and/or secondary A aquifers present on the site, and a foundation works risk assessment for such works within zone 1 (inner) of a groundwater source protection zone, have been submitted to and approved in writing by the local planning authority in consultation with the Environment Agency.

• (2) The method statements must include details of the proposed foundation construction methodology, including measures to minimise the potential for detrimental impact on groundwater quality to result from the stated activity.

• (3) The foundation works risk assessment must include—

• (a) options for the proposed piling method at each location where piling is proposed; and

• (b) for each piling method option at each location, mitigation measures to minimise detrimental impact on underlying groundwater resources.

• (4) The authorised development must be carried out in accordance with the approved method statements and, where relevant, the approved risk assessment.

Glint and Glare Mitigation Strategy

20

• (1) No phase of the authorised development may commence until a Glint and Glare Mitigation Strategy for that phase has been submitted to and approved by the local planning authority in consultation with Burn Gliding Club.

• (2) The Glint and Glare Mitigation Strategy shall be provided to Burn Gliding Club at the same time as it is submitted to the local planning authority.

• (3) The Glint and Glare Mitigation Strategy shall be implemented as approved.

Flood Management Strategy

21

• (1) Prior to the commencement of Work No. 2 and Work No. 3 a flood management strategy must be submitted to and approved by the local planning authority in consultation with the Environment Agency.

• (2) The flood management strategy submitted for approval must be in accordance with the flood risk assessment and include—

• (a) details of the design of a suitable flood defence bund to provide protection works relating to Work No. 2 and Work No. 3 of the authorised development to ensure resilience to the design flood event with an allowance for climate change for the 2080s epoch as assessed by the approved site specific flood model referenced in the flood risk assessment over the lifetime of the authorised development to include the decommissioning phase;

• (b) details of the design of a suitable ‘level for level’ and ‘volume for volume’ floodplain compensation scheme to mitigate the effect of the flood defence bund over the operational and decommissioning phases of the authorised development based on the scheme established in the flood risk assessment and informed by the approved site-specific flood model referenced in the flood risk assessment so as not to increase flood risk elsewhere; and

• (c) details of the delivery and ongoing maintenance of the flood defence bund and floodplain compensation scheme over the lifetime of the development to include the operational and decommissioning phases.

• (3) The flood management strategy must be implemented as approved.

Supply Chain, Employment and Skills Plan

22

• (1) No phase of the authorised development may commence until a supply chain, employment and skills plan in relation to that phase has been submitted to and approved by the local planning authority.

• (2) The supply chain, employment and skills plan submitted under sub-paragraph (1) must be in accordance with the outline skills, supply chain and employment plan.

• (3) The supply chain, employment and skills plan must be implemented as approved.

Operational Noise

23

• (1) No part of Work Nos. 1, 2 or 3 shall come into operation until an operational noise assessment has been submitted to and approved in writing by the Local Planning Authority. The assessment shall—

• (a) be based on the final specification and layout of plant and equipment;

• (b) demonstrate compliance with the rating levels set out in paragraph (3); and

• (c) identify any mitigation measures required to achieve compliance.

• (2) The development shall be operated in accordance with the approved assessment and any mitigation measures therein, which shall be implemented prior to operation and maintained for the lifetime of the development.

• (3) The rating level (LAr) of noise from the operation of the authorised development shall not exceed—

• (a) 40 dB LAr for any fifteen-minute period between 23:00 and 07:00; and

• (b) 50 dB LAr for any one-hour period between 07:00 and 23:00, determined one metre free-field external to any window or door of any existing permanent residential premises using the definitions and methods described in BS4142:2014+A1:2019.

• (4) In the event that substantiated noise complaints are received following commencement of operation, the operator shall, upon request, submit a noise impact assessment to the Local Planning Authority for approval. The assessment shall—

• (a) Include attended measurements at or near the affected receptor(s);

• (b) Include comparison with predicted noise levels and BS4142 assessment;

• (c) Identify whether the operational noise is resulting in adverse impacts; and

• (d) Where necessary, include details of mitigation measures and a timetable for implementation.

• (5) Any approved mitigation shall be implemented in accordance with the agreed timetable and shall remain in place for the lifetime of the development.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

24

In this Part of this Schedule, “discharging authority” means—

• (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

• (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974³³.

Applications made under requirements

25

• (1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of 8 weeks, or such longer period as may be agreed in writing by the undertaker and the discharging authority, beginning with the later of—

• (a) the day immediately following that on which the application is received by the discharging authority; or

• (b) where further information is requested under paragraph 25, the day immediately following that on which the further information has been supplied by the undertaker.

• (2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may subject to paragraphs 4 and 6—

• (a) give or refuse its consent, agreement or approval; or

• (b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

• (3) In the event the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (4) Any application made to the discharging authority pursuant to sub-paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are.

• (5) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement included in this Order and the discharging authority does not determine the application within the period set out in sub-paragraph (1) and the application is accompanied by a report pursuant to sub-paragraph (3) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

• (6) Any applications made to the discharging authority pursuant to sub-paragraph (1) must include a statement confirming whether it is likely that the subject matter of the application, including any mitigation measures, will give rise to a change in the conclusions of the Secretary of State’s habitats regulations assessment and if it will then it must be accompanied by information setting out what those changes are.

• (7) Where an application has been made to the discharging authority for any consent agreement or approval requirement by a requirement included in this Order and the discharging authority does not determine that application within the period set out in sub-paragraph (1) and is accompanied by a report pursuant to sub-paragraph (5) which states that the subject matter of such application, including any mitigation measures, will give rise to a change in the conclusions of the Secretary of State’s habitats regulations assessment then the application is to be taken to have been refused by the discharging authority at the end of that period.

Further information regarding requirements

26

• (1) In relation to any application referred to in paragraph 25, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

• (2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 28 days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within 14 days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within 14 days of receipt of such a request.

• (4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

Appeals

27

• (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement contained in Part 1 of this Schedule; or

• (ii) a document referred to in any requirement contained in Part 1 of this Schedule;

• (b) the discharging authority grants such an application subject to conditions;

• (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974;

• (d) on receipt of a request for further information pursuant to paragraph 26 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 25(1), giving rise to the appeal referred to in sub-paragraph (1);

• (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

• (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 14 days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

• (e) the applicant must make any counter-submissions to the appointed person within 14 days of receipt of written representations pursuant to sub-paragraph (d) above; and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under sub-paragraph (e).

• (3) The appointment of the appointed person pursuant to sub-paragraph 2(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 14 days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

• (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

• (12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

Fees

28

• (1) Where an application is made to the local planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012³⁴ (as may be amended or replaced from time to time) is to apply and must be paid to the local planning authority for each application.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

• (a) the application being rejected as invalidly made; or

• (b) the local planning authority failing to determine the application within ten weeks from the relevant date in paragraph 25(1) unless—

• (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the local planning authority and credited in respect of a future application; or

• (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 25(1) of this Schedule.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Location/Street Description
North Yorkshire Council	public footpath (35.14/12/1) situated to the east of Tranmore Cottages, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.14/11/3) situated to the south east of 1 Tranmore Cottages, Selby as shown on the access and rights of way plan
North Yorkshire Council	mixed public footpath (35.14/13/1) and private road situated to the north east of Bales Wood Plantation, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.14/14/2) situated to the east of Bales Wood Plantation, Selby as shown on the access and rights of way plan
North Yorkshire Council	mixed public footpath (35.14/14/1) and private road situated to the west of Bales Wood Plantation, Selby as shown on the access and rights of way plan
North Yorkshire Council	mixed public footpath (35.14/11/4) and private road situated to the south west of Bales Wood Plantation, Selby as shown on the access and rights of way plan
North Yorkshire Council	mixed public footpath (35.17/1/1) and private road situated to the east of Fair Oaks, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the east of Bales Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (A1041) situated to the south west of Sandpit Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (A1041) situated to the north east of Keeper`s Cottage, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (A1041) situated to the west of Cobble Croft Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	private road from Stapletons Wood to Barrfs Close Plantation, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Jowland Winn Lane) situated to the east of Chestercourt House Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.18/14/1) situated to the south of Chestercourt Hall Farm as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the west of Crossley Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Hardenshaw Lane) situated to the north east of Rosehill Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Sandwith Lane) situated to the south of Rosehill Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted bridleway (35.18/13/1) situated to the south west of Rosehill Farm as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Race Lane) situated to the south west of Rosehill Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Claypit Lane) situated to the west of Chestnut Tree Cottage, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Brick Lands Lane) situated to the east of Temple Hirst, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.38/2/1) situated to the north east of Manor Farm, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Stockwith Lane) situated to the north west of Kerrick Spring Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.17/9/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	public footpath (35.18/6/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (Station Road) situated to the east and the south of Camblesforth Community Primary School, Selby
North Yorkshire Council	public footpath (35.17/6/1) situated to the north of Drax Golf Club, Selby as shown on the access and rights of way plan
North Yorkshire Council	private road situated to the south of Camblesforth substation, Selby as shown on the access and rights of way plan
North Yorkshire Council	private road situated to the south east of Drax Sports and Social Club, Main Road, Selby as shown on the access and rights of way plan
North Yorkshire Council	private road situated to the west of New Acres, Selby as shown on the access and rights of way plan
North Yorkshire Council	public adopted highway (New Road) situated to the west of Station House, Selby as shown on the access and rights of way plan

SCHEDULE 4 — ALTERATION OF STREETS

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration	(3) Description of Alteration
North Yorkshire Council	public footpath (35.14/12/1) situated to the east of Tranmore Cottages, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.14/11/3) situated to the south east of 1 Tranmore Cottages, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/13/1) and private road situated to the north east of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.14/14/2) situated to the east of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/14/1) and private road situated to the west of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.14/11/4) and private road situated to the south west of Bales Wood Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	mixed public footpath (35.17/1/1) and private road situated to the east of Fair Oaks, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the east of Bales Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the south west of Sandpit Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the north east of Keeper`s Cottage, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (A1041) situated to the west of Cobble Croft Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	private road from Stapletons Wood to Barrfs Close Plantation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Jowland Winn Lane) situated to the east of Chestercourt House Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.18/14/1) situated to the south of Chestercourt Hall Farm as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Chester Court Road) situated to the west of Crossley Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Hardenshaw Lane) situated to the north east of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Sandwith Lane) situated to the south of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted bridleway (35.18/13/1) situated to the south west of Rosehill Farm as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Race Lane) situated to the south west of Rosehill Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Claypit Lane) situated to the west of Chestnut Tree Cottage, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Brick Lands Lane) situated to the east of Temple Hirst, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.38/2/1) situated to the north east of Manor Farm, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Stockwith Lane) situated to the north west of Kerrick Spring Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.17/9/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.18/6/1) situated to the west of Little Underwit Wood, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (Station Road) situated to the east and the south of Camblesforth Community Primary School, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public footpath (35.17/6/1) situated to the north of Drax Golf Club, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	private road situated to the south of Camblesforth substation, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	private road situated to the south east of Drax Sports and Social Club, Main Road, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	private road situated to the west of New Acres, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development
North Yorkshire Council	public adopted highway (New Road) situated to the west of Station House, Selby as shown on the access and rights of way plan	Works for the provision of a permanent means of access to the authorised development

PART 2 — TEMPORARY ALTERATION OF STREETS