The East Yorkshire Solar Farm Order 2025

• (5) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

• (a) replace any building, structure, debris, drain or electric line removed under this article;

• (b) remove any drainage works installed by the undertaker under this article;

• (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 4 (streets subject to street works), Schedule 5 (alteration of streets) or Schedule 7 (permanent means of access to works);

• (d) remove any fencing or boundary treatments installed by the undertaker under this article to replace or enhance existing fencing or boundary treatments; or

• (e) restore the land on which any works have been carried out under paragraph (1)(f) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2.

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) The undertaker must not compulsorily acquire, acquire new rights over or impose restrictive covenants over, the land referred to in paragraph (1)(a)(i) under this Order.

• (11) Nothing in this article precludes the undertaker from—

• (a) creating and acquiring new rights or imposing restrictions over any part of the Order land identified in Schedule 9 (land in which only new rights etc. may be acquired); or

• (b) acquiring any part of the subsoil of (or rights in the subsoil of) that land under article 25 (acquisition of subsoil only) or any part of the subsoil of or airspace over that land under article 28 (rights under or over streets).

• (12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (13) Nothing in this article prevents the taking of temporary possession more than once in relation to any land that the undertaker takes temporary possession of under this article.

Temporary use of land for maintaining the authorised development

30

• (1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

• (a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development;

• (b) enter on any land within the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

• (c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

• (2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

• (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (11) In this article “the maintenance period” means the period of five years beginning with the date of final commissioning of the part of the authorised development for which temporary possession is required under this article except in relation to landscaping where “the maintenance period” means such period as set out in the landscape and ecological management plan which is approved by the relevant planning authority pursuant to requirement 6 beginning with the date on which that part of the landscaping is completed.

Statutory undertakers

31

Subject to the provisions of Schedule 14 (protective provisions) the undertaker may—

• (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land; and

• (b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Apparatus and rights of statutory undertakers in stopped up and closed streets

32

Where a street is altered or diverted or its use is temporarily or permanently prohibited or restricted under article 8 (street works), article 9 (power to alter layout, etc., of streets), article 10 (construction and maintenance of altered streets) or article 11 (temporary closure of streets and public rights of way) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 14 (protective provisions), as if this Order had not been made.

Recovery of costs of new connections

33

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 31 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus 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 effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 31, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (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—

• “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003⁴⁵; and

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

PART 6 — MISCELLANEOUS AND GENERAL

Benefit of the Order

34

• (1) Subject to article 35 (consent to transfer the benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.

• (2) Paragraph (1) does not apply to Work No. 3(b) in respect of which the provisions of this Order are for the benefit of the undertaker and National Grid.

• (3) Paragraph (1) does not apply to Work Nos. 2 and 3 in respect of which the provisions of this Order are for the benefit of the undertaker and Eclipse.

Consent to transfer the benefit of the Order

35

• (1) Subject to paragraph (3), the undertaker may—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and

• (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

• (2) Where a transfer or grant has been made references in this Order to the undertaker, except in paragraph (8), are to include references to the transferee or lessee.

• (3) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—

• (a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or

• (b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

• (i) no such claims have been made;

• (ii) any such claim has been made and has been compromised or withdrawn;

• (iii) compensation has been paid in full and final settlement of any such claim;

• (iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or

• (v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.

• (4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1).

• (5) The notification referred to in paragraph (4) must state—

• (a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

• (b) subject to paragraph (6), the date on which the transfer will take effect;

• (c) the powers to be transferred or granted;

• (d) pursuant to paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

• (e) where relevant, a plan showing the works or areas to which the transfer or grant relates.

• (6) The date specified under paragraph (5)(b) must not be earlier than the expiry of ten working days from the date of the receipt of the notification.

• (7) The notification given must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notification.

• (8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit—

• (a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

• (b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and

• (c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

Application of landlord and tenant law

36

• (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 prejudices the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law 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.

Operational land for the purposes of the 1990 Act

37

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows

38

• (1) Subject to paragraph (2) and article 39 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub within or overhanging the authorised development or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from—

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

• (b) 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, is to 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), undertake works to or remove any hedgerows within the Order limits that may be required.

• (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 1997⁴⁶.

Trees subject to tree preservation orders

39

• (1) Subject to paragraph (2), the undertaker must not under the powers of this article fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order.

• (2) The undertaker may fell or lop any tree which is within or overhanging land within the Order limits that is subject to a tree preservation order which was made after 21 November 2023, 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.

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

• (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.

• (4) The authority given by paragraph (2) constitutes a deemed consent under the relevant tree preservation order.

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

Certification of plans and documents, etc.

40

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table at Schedule 12 (documents and plans to be certified) for certification that they are true copies of the 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.

No double recovery

41

Compensation is not payable in respect of the same matter both under this Order and under any enactment, any contract or any rule of law.

Arbitration

42

• (1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 13 (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 is not subject to arbitration.

Protective provisions

43

Schedule 14 (protective provisions) has effect.

Not used

44

Not used.

Service of notices

45

• (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 (6) 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 1978⁴⁷ 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 that time of service.

• (4) Where for the purpose 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 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 the person who is or appears to be resident or employed on the land or leaving it 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 seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of an electronic transmission 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 seven 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.

Procedure in relation to certain approvals etc.

46

• (1) Where an application is made to or request is made of, a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must 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) Schedule 16 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements.

• (4) Save for applications made pursuant to Schedule 16 and where stated to the contrary if, within eight weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

• (5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4).

• (6) Schedule 16 does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 14 (protective provisions) or any dispute under article 18(6) (protective work to buildings) to which paragraph (4) applies.

• (7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 14.

Guarantees in respect of payment of compensation

47

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

• (a) a guarantee, the form and amount of which has been 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) in respect of the exercise of the relevant provision in relation to that part of the Order land; or

• (b) an alternative form of security, the form and amount of which has been 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) in respect of the exercise of the relevant provision in relation to that part of the Order land.

• (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 28 (rights under or over streets);

• (e) article 29 (temporary use of land for constructing the authorised development);

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

• (g) article 31 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order 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.

Compulsory acquisition of land – incorporation of the mineral code

48

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981⁴⁸ are incorporated into this Order subject to the modifications that—

• (a) for “the acquiring authority” substitute “the undertaker”;

• (b) for the “undertaking” substitute “authorised development”; and

• (c) paragraph 8(3) is not incorporated.

Crown rights

49

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee to take, use, enter upon or in any manner interfere with any land or rights of any description—

• (a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

• (c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

• (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

Interpretation

1

In this Schedule—

• “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; andworks associated with cable laying including jointing bays, hardstanding adjoining the jointing pits, combiner boxes, fibre bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, send and receive pits for horizontal directional drilling, trenching, lighting, and a pit or container to capture fluids associated with drilling;

• “field stations” means inverters, transformers and switchgear comprising either—a “Field Station Unit” where transformers, inverters and switchgear will be housed in a single container located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around the container; ora “Field Substation” where transformers and switchgear will be housed in a single container and inverters provided in either a separate single container or inverters provided separately and mounted on a ground mounted frame which is parallel to the mounting structure. Each container will be located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around each container; oran “Inverter Arrangement” where transformers, switchgear and inverters will be provided separately, which may be in one or more containers. Inverters may also be provided separately and mounted on a ground mounted frame which is parallel to the mounting structure. Any container will be located on a concrete beam or block foundation; or screw piles, rammed piles or compacted hardcore foundation. There will be a perimeter of stone or gravel around any container; and inverters provided separately and mounted on a ground mounted frame which is parallel to the mounting structure;

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

• “mounting structure” means a frame or rack made of galvanised steel or other material designed to support the solar panels and mounted on piles driven into the ground, piles rammed into bare ground, a pillar attaching to a steel ground screw, pillars fixed to a concrete foundation, or pillars set in concrete in a pre-made hole in the ground;

• “National Grid Drax Substation” means the existing 400kV substation at Drax Power Station, owned and operated by National Grid;

• “permissive paths” means new access tracks providing restricted public access within the Order limits along the route shown on the framework landscape and ecological management 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;

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

• “transformer” means a structure containing an electrical device to transform electricity to a different voltage.

2

In the Unitary authority areas of East Riding of Yorkshire and North Yorkshire a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “both relevant planning authorities” means East Riding of Yorkshire Council and North Yorkshire Council each being the relevant planning authority for part of the authorised development.

Commencement of the authorised development

2

The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.

Approved details and amendments to them

3

• (1) With respect to the documents certified under article 40 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or both relevant planning authorities (as applicable) for approval of any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or both relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.

• (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or both relevant planning authorities (as applicable) that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (3) Where under any of the requirements the approval, agreement or confirmation of the relevant planning authority or both relevant planning authorities is required, that approval, agreement or confirmation must be provided in writing.

• (4) Within 14 days of the date of final commissioning the undertaker must serve written notice of the date of final commissioning on both relevant planning authorities.

Community liaison group

4

• (1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development.

• (2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference.

• (3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authorities.

Detailed design approval

5

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

• (a) layout;

• (b) scale;

• (c) proposed finished ground levels;

• (d) external appearance;

• (e) hard surfacing materials;

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

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

relating to that part have been submitted and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (2) The details submitted must accord with the outline design principles statement.

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

Landscape and Ecological management plan

6

• (1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England.

• (2) The landscape and ecological management plan must be substantially in accordance with the framework landscape and ecological management plan and must be implemented as approved.

• (3) For the purposes of sub-paragraph (1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of permitted preliminary works.

Biodiversity net gain

7

• (1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority for that part, in consultation with the relevant statutory nature conservation body.

• (2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 80.42% biodiversity net gain in area-based habitat units, a minimum of 10.30% biodiversity net gain in hedgerow units, and 10.09% biodiversity net gain in watercourse units for all of the authorised development during the operation of the authorised development, using the Department of Environment, Food and Rural Affairs’ 4.0 metric to calculate those percentages (or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body).

• (3) The biodiversity net gain strategy must be maintained throughout the operation of the relevant part of the authorised development to which the plan relates.

Fencing and other means of enclosure

8

• (1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (3) For the purposes of requirement 8(1), “commence” includes any permitted preliminary works.

• (4) Any construction site must remain securely fenced in accordance with the approved details under requirement 11(1) at all times during construction of the authorised development.

• (5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used.

• (6) Any approved permanent fencing for a part of the authorised development must be completed before the date of final commissioning in respect of that part.

Flood risk and surface and foul water drainage

9

• (1) No part of the authorised development may commence until the undertaker has considered the most up to date Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency and if necessary, has updated the flood risk assessment, in consultation with the Environment Agency and the lead local flood authority.

• (2) The undertaker is required to carry out the authorised development in accordance with the latest flood risk assessment.

• (3) No part of the authorised development may commence until details of the surface water drainage strategy and (if any) foul water drainage system (including means of pollution control) for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, by both relevant planning authorities, and following consultation with the Environment Agency and the lead local flood authority where the surface water drainage strategy and/or foul water drainage system is affected by an updated version of the flood risk assessment.

• (4) The drainage strategy must be substantially in accordance with the framework surface water drainage strategy.

• (5) Any strategy approved pursuant to sub-paragraph (3) must be implemented as approved and maintained throughout the construction and operation of the authorised development.

Archaeology

10

• (1) No part of the authorised development may commence, and no part of the permitted preliminary works for that part comprising the intrusive archaeological surveys may start, until an overarching written scheme of investigation for that part has been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (2) The written scheme of investigation must be substantially in accordance with the overarching written scheme of investigation and must be implemented as approved.

Construction environmental management plan

11

• (1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the construction environmental management plan is affected by an updated version of the flood risk assessment.

• (2) The construction environmental management plan must be substantially in accordance with the framework construction environmental management plan and must be implemented as approved.

• (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a site waste management plan that must be substantially in accordance with the framework site waste management plan and must be implemented as approved.

Operational environmental management plan

12

• (1) Prior to the date of final commissioning for any part, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the operational environmental management plan is affected by an updated version of the flood risk assessment.

• (2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must be implemented as approved.

Construction traffic management plan

13

• (1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant authorities. Such approval to be in consultation with Network Rail Infrastructure Limited, the relevant highway authority and National Highways Limited.

• (2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan and must be implemented as approved.

Operational noise

14

• (1) No part of Work No. 1 or Work No. 2 may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that part has been submitted to and approved by the relevant planning authority for that part.

• (2) The mitigation measures described in the operational noise assessment for each part of the authorised development must be implemented as approved.

Soil management plan

15

• (1) No part of the authorised development may commence until a soil management plan for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (2) The soils management plan must be substantially in accordance with the framework soil management plan and must be implemented as approved.

Skills, supply chain and employment

16

• (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities.

• (2) The skills, supply chain and employment plan must by substantially in accordance with the framework skills, supply chain and employment plan and must be implemented as approved.

• (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment, skills and supply chain opportunities associated with that part of the authorised development, and the means for publicising such opportunities.

Public rights of way

17

• (1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with the relevant highway authority.

• (2) The public rights of way management plan must be substantially in accordance with the framework public rights of way management plan and must be implemented as approved.

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

Decommissioning and restoration

18

• (1) No later than 12 months prior to the date that the undertaker intends to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council) for approval a decommissioning environmental management plan for that part.

• (2) Decommissioning must commence no later than 40 years following the date of final commissioning.

• (3) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the framework decommissioning environmental management plan and must be implemented as approved.

• (4) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

• (a) East Riding Drainage Act 1798⁴⁹;

• (b) Seaton Ross Inclosure Act 1811⁵⁰;

• (c) Keyingham (and others) Drainage [Yorkshire] Act 1845⁵¹;

• (d) York and North Midland Railway (East Riding Branches) [No.1] Act 1846⁵²;

• (e) Wapentake of Ouse and Derwent Drainage Act 1854⁵³;

• (f) Ouse (Lower) Improvement Act 1884⁵⁴;

• (g) Aire and Calder Navigation Act 1914⁵⁵;

• (h) Aire and Calder Navigation Act 1924⁵⁶;

• (i) Boothferry Bridge Act 1925⁵⁷;

• (j) Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989⁵⁸; and

• (k) The Selby Area Internal Drainage District Order 2017⁵⁹.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule—

• “cable works” means works to place, retain and maintain underground electrical and communications apparatus. (1) Area (2) Street (3) Description of the street works East Riding of YorkshireJunction of the A163 Highfield Road and B1228 Street LaneStreet works to facilitate any removal, repair and reinstatement of street furniture associated with the abnormal load manoeuvre for the length shown in green on Sheet 1 of the streets, rights of way and access plans.East Riding of YorkshireWillitoft RoadStreet works to facilitate the construction of the proposed access and passing place for the length shown in green on Sheet 2 of the streets, rights of way and access plans.East Riding of YorkshireTottering LaneStreet works to facilitate the construction of the proposed access and cable works beneath the width of the highway for the lengths shown in green on Sheets 3 and 4 of the streets, rights of way and access plans.East Riding of YorkshireWillitoft Road south of junction of Tottering Lane with Willitoft RoadStreet works to facilitate the cable works within the carriageway for the length shown in green on Sheet 4 of the streets, rights of way and access plans.East Riding of YorkshireIngs LaneStreet works to facilitate the construction of the proposed access, passing place and cable works beneath the width of the highway for the lengths shown in green on Sheets 6 and 7 of the streets, rights of way and access plans.East Riding of YorkshireIngs LaneStreet works to facilitate the construction of the proposed access and cable works beneath the width of the highway for the length shown in green on Sheet 7 of the streets, rights of way and access plans.East Riding of YorkshireB1228 Street LaneStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 8 of the streets, rights of way and access plans.East Riding of YorkshireB1228 Street Lane North of the Junction of Wood Lane and B1228 Street LaneStreet works to facilitate the cable works within the carriageway for the length shown in green on Sheet 9 of the streets, rights of way and access plans.East Riding of YorkshireWood Lane to South West of Junction with B1228 Street LaneStreet works to facilitate the construction of the proposed access and cable works beneath the width of the highway for the length shown in green on Sheets 9 and 14 of the streets, rights of way and access plans.East Riding of YorkshireWood Lane to North East of Junction with B1228 Street LaneStreet works to facilitate the construction of the proposed access, passing places and cable works beneath the width of the highway for the lengths shown in green on Sheet 9 of the streets, rights of way and access plans.East Riding of YorkshireWillitoft Road between Spaldington and Spaldington CommonStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 10 of the streets, rights of way and access plans.East Riding of YorkshireSpaldington Road adjacent to Spaldington CommonStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 10 of the streets, rights of way and access plans.East Riding of YorkshireSpaldington Road to West of Spaldington CommonStreet works to facilitate the cable works within the carriageway for the length shown in green on Sheet 10 of the streets, rights of way and access plans.East Riding of YorkshireA614Street works to facilitate the construction of the proposed access for the length shown in green on Sheet 12 of the streets, rights of way and access plans.East Riding of YorkshireB1228 Street LaneStreet works to facilitate the construction of the proposed access and cable works beneath the width of the highway for the lengths shown in green on Sheet 13 of the streets, rights of way and access plans.East Riding of YorkshireWood Lane adjacent to junction with Brind LaneStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 14 of the streets, rights of way and access plans.East Riding of YorkshireWood Lane North of junction of Wood Lane with Brind LaneStreet works to facilitate the construction of the proposed passing places for the lengths shown in green on Sheet 14 of the streets, rights of way and access plans.East Riding of YorkshireWood LaneStreet works to facilitate the construction of the proposed access and cable works within the carriageway for the length shown in green on Sheet 14 and the lengths shown in green on Sheets 14 and 15 of the streets, rights of way and access plans.East Riding of YorkshireRowlandhall Lane North of Level Crossing to junction with Wood LaneStreet works to facilitate the construction of the proposed passing places for the lengths shown in green on Sheet 15 of the streets, rights of way and access plans.East Riding of YorkshireRowlandhall Lane South of Level CrossingStreet works to facilitate the cable works within the carriageway for the length shown in green on Sheet 15 of the streets, rights of way and access plans.East Riding of YorkshireRowlandhall LaneStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 16 of the streets, rights of way and access plans.East Riding of YorkshireWood Lane South West of Level CrossingStreet works to facilitate the construction of the proposed access and passing places for the lengths shown in green on Sheet 18 of the streets, rights of way and access plans.East Riding of YorkshireStation RoadStreet works to facilitate the cable works within the carriageway for the length shown in green on Sheet 18 of the streets, rights of way and access plans.North Yorkshire CouncilA63 Hull RoadStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 19 of the streets, rights of way and access plans.North Yorkshire CouncilUnnamed AccessAccess works to facilitate the construction of the proposed access for the length shown in green on Sheet 19 of the streets, rights of way and access plans.North Yorkshire CouncilPear Tree AvenueStreet works to facilitate the construction of the proposed access and cable works within the carriageway for the length shown in green on Sheet 21 of the streets, rights of way and access plans.North Yorkshire CouncilNew RoadStreet works to facilitate the construction of the proposed access and cable works within the carriageway for the length shown in green on Sheet 22 of the streets, rights of way and access plans.North Yorkshire CouncilCarr LaneStreet works to facilitate the construction of the proposed access for the length shown in green on Sheet 22 of the streets, rights of way and access plans.

SCHEDULE 5 — ALTERATION OF STREETS

PART 1 — PERMANENT ALTERATION OF LAYOUT