The Byers Gill Solar Order 2025

• (4) The undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article

• (a) in the case of the land referred to in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken; or

• (b) in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the phase of the authorised development for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (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 3 (streets subject to street works), Schedule 4 (alteration of streets) or Schedule 6 (access to works); or

• (d) 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 (requirements).

• (6) The undertaker must pay compensation to the owners and occupiers of land 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 the 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) 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 8 (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 29 (rights under or over streets)

• (11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to 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.

• (12) 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 authorised development

31

• (1) Subject to paragraph (2), at any time during the maintenance period (as defined in paragraph (11)) 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 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 the 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 pursuant to 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 on which a phase of the authorised development first exports electricity to the national electricity transmission network 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 12, beginning with the date on which that part of the landscaping is completed.

Statutory undertakers

32

Subject to the provisions of Schedule 11 (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 (as certified by the Secretary of State in accordance with article 36) 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 temporarily closed streets

33

Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 9 (street works), article 11 (power to alter layout, etc., of streets), article 12 (construction and maintenance of altered streets) or article 13 (temporary closure of 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 11 (protective provisions), as if this Order had not been made.

Recovery of costs of new connections

34

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (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 32 (statutory undertakers), 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—

• (a) “public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003³²; and

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

PART 6 — GENERAL

Operational land for the purposes of the 1990 Act

35

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.

36

• (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 13 (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

37

• (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 1978³³ 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 either 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 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 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.

Felling or lopping of trees or removal of hedgerows

38

• (1) Subject to Article 39 (trees subject to tree preservation orders) the undertaker may fell or lop any tree, or shrub near any part of 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 operation or decommissioning 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) or (4), 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 and subject to paragraph (2),remove those parts of the hedgerows as are within the Order limits and specified in Schedule 7 (removal of hedgerows) as shown for illustrative purposes on the trees and hedgerows to be removed plan

• (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 Hedgerow Regulations 1997³⁴.

Trees subject to tree preservation orders

39

• (1) The undertaker may fell or lop any tree within or overhanging land within the Order limits which is 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

40

• (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 12 (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.

41

• (1) Where an application is made to, or a request is made of, the relevant 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 and must not be unreasonably withheld or delayed.

• (2) 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

42

• (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 shall apply 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.

Crown rights

43

• (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 transferee, lessee or licensee to take possession of, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

• (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 any Crown land (as defined in the 2008) 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.

Protective provisions

44

Schedule 11 (protective provisions) has effect.

Funding

45

• (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 21 (compulsory acquisition of land);

• (b) article 23 (compulsory acquisition of rights);

• (c) article 24 (private rights);

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

• (e) article 29 (rights under or over streets);

• (f) article 30 (temporary use of land for carrying out the authorised development);

• (g) article 31 (temporary use of land for maintaining the authorised development); and

• (h) article 32 (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 switch gear and would be either— solar stations, each being a station comprising centralised inverters, transformers and switch gear with each component for each solar station either— a “solar station” located outside, with a concrete foundation slab or placed on metal skids for each of the inverters and transformers and switch gear; or housed together within a container sitting on a concrete foundation slab or placed on metal skids; or string inverters attached either to mounting structures or a ground mounted frame switchgear and transformers on a concrete foundation slab or placed on metal skids;

• “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; 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 horizontal directional drilling, trenching, lighting, and a put or container to capture fluids associated with drilling;

• “energy storage” means equipment used for the storage of electrical energy;

• “National Grid substation” means the existing 132kV substation located near Stockton-On-Tees owned and operated by National Grid;

• “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 mounted on piles driven into the ground, piles rammed into a pre-drilled hole, a pillar attaching to a steel ground screw, or pillars fixed to a concrete foundation;

• “panel areas” means panel areas A to F shown labelled as Work No. 1 on the works plans;

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

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

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

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

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

2

In the Boroughs of Darlington and Stockton-on-Tees and the County of Durham the construction, operation, maintenance and decommissioning of a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act with associated development under section 115(1)(b) of the 2008 Act.

3

The nationally significant infrastructure project authorised by this Order 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 five 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 relevant planning authority.

• (2) The scheme must be implemented as approved.

• (3) Notice of the date of final commissioning in respect of the first phase of Work No. 1 must be given to the relevant planning authority within 15 working days of the date of final commissioning for that phase.

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

• (5) The agreed written scheme may contain flexibility and optioneering for different proposed phases of construction provided that the undertaker notifies the relevant 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) security measures;

• (k) fencing; and

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

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

• (2) The details submitted must accord with—

• (a) the location plan and order limits;

• (b) the works plans;

• (c) the environmental masterplan;

• (d) the outline LEMP;

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

• (f) the design approach document, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement 19.

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

Construction environmental management plans (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 relevant planning authority, such approval to be in consultation with the Environment Agency and Natural England. 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.

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

• (a) community liaison;

• (b) complaints procedures;

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

• (d) construction dust assessment;

• (e) arboricultural impact 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;

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

• (j) details of out of hours working procedures.

Decommissioning and restoration

5

• (1) No later than six months prior to the date the undertaker intends to decommission any part of the solar farm works and grid connection works, the undertaker must submit to the relevant planning authority for that part for approval, in consultation with the Environment Agency, a decommissioning environmental management plan, a decommissioning traffic management plan and site waste management plan. Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1 as notified by the undertaker pursuant to requirement 2 (phasing of the authorised development and date of final commissioning).

• (2) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning environmental management plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph.

• (3) Pursuant to paragraph (1), the plans submitted and approved must be substantially in accordance with the relevant part of the outline DEMP.

• (4) 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.

• (5) No decommissioning works must be carried out until the relevant planning authority approves, in consultation with the Environment Agency and the relevant highway authority for the highway(s) to which the relevant decommissioning traffic management plan relates, the plans submitted in relation to such works. The plans must be implemented as approved.

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

• (7) In this Part of this Schedule –

• (a) “solar farm works” means that part of the authorised development identified in Work No. 1, Work No.2, Work No.3 (but excluding Work No.3(b)) and Work No.4; and

• (b) “grid connection works” means that part of the authorised development identified in Work No.3(b) and Work No.5.

Construction traffic management plan (CTMP)

6

• (1) No phase of the authorised development is to be commenced until a CTMP covering that phase and in accordance with the outline CTMP for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority and National Highways for the highway(s) to which the CTMP for that phase relates.

• (2) The CTMP must be implemented as approved.

Pollution and Spillage

7

• (1) No phase of the authorised development is to be commenced until a pollution and spillage response plan covering that phase and in accordance with the outline pollution and spillage response plan for that phase has been submitted to and approved by the relevant planning authority to which the pollution and spillage response plan for that phase relates.

• (2) The pollution and spillage response plan must be implemented as approved.

Materials Management

8

• (1) No phase of the authorised development is to be commenced until a materials management plan covering that phase and in accordance with the outline materials management plan for that phase has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

• (2) The materials management plan must be implemented as approved.

Site Waste

9

• (1) No phase of the authorised development is to be commenced until a site waste management plan covering that phase and in accordance with the outline site waste management plan for that phase has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

• (2) The site waste management plan must be implemented as approved.

Soil Management

10

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

• (2) All construction works associated with the authorised development must be carried out in accordance with the approved soil resource management plan.

• (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 relevant planning authority for that phase.

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

• (5) Prior to the start of any 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 relevant planning authority for that phase.

• (6) The decommissioning of the authorised development must be carried out in accordance with the approved soil resource management plan.

Battery safety management

11

• (1) Prior to the commencement of Work No. 2 as notified to the relevant planning authority by the undertaker pursuant to requirement 2 (phases of the authorised development and date of final commissioning) a battery fire safety management plan must be submitted to and approved by the relevant planning authority in consultation with the County Durham and Darlington Fire and Rescue Service and the Environment Agency.

• (2) The submitted battery fire safety management plan must either accord with the outline battery fire safety management plan or detail such changes as the undertaker considers are required.

• (3) In the event that the submitted battery fire safety management plan proposes changes to the outline battery fire safety management plan the relevant planning authority must consult with the County Durham and Darlington Fire and Rescue Service and Environment Agency for approval of the battery fire safety management plan.

• (4) The battery safety management plan must be implemented as approved and maintained throughout the construction, operation and decommissioning of the authorised development.

Landscape and ecological management plan (LEMP)

12

• (1) No phase of the authorised development is to be commenced until a LEMP covering that phase which accords with the outline LEMP has been submitted to and approved by the relevant planning authority.

• (2) The LEMP must include details relevant for the phase of works in relation to —

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

• (b) habitat creation, including all new native hedgerow planting, replanting of any breaks (gaps) in excess of one metre in existing native hedgerows within the Order limits adjacent to the footpath and sowing of wildflower seed along the margins between the footpath and the hedgerow/security fence boundaries;

• (c) 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) how the landscaping and ecology measures will be managed, maintained, and monitored during the operational life of the authorised development to the date on which the decommissioning and restoration plan is implemented pursuant to requirement 5 (decommissioning and restoration);

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

• (f) landscaping details;

• (g) how a minimum of 80% biodiversity net gain in habitat units and a minimum of 100% biodiversity net gain in hedgerow units, calculated using a biodiversity metric approved by the local planning authority in consultation with the relevant statutory nature conservation body, for all of the authorised development during the operation of the authorised development will be achieved; and

• (h) adaptive management measures to be taken where landscape features and/or habitats fail to establish or reach their intended condition, with details of the criteria to be used to trigger any alternative and/or adaptive management.

• (3) The LEMP must be implemented as approved.

Implementation and maintenance of landscaping

13

• (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 12 (landscape and ecological management plan), and in accordance with the relevant recommendations of appropriate British Standards.

• (2) Any tree or shrub planted or used as part of an approved landscaping management scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant 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 diversions

14

• (1) No phase of the authorised development is to be commenced and no decommissioning will be undertaken until a public rights of way management plan substantially in accordance with the outline 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 relevant 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 plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the relevant highway authority.

Construction hours

15

• (1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of—

• (a) 08:00 to 18:00 Monday to Friday; and

• (b) 08:00 to 13:00 on Saturday.

• (2) With no activity on Sundays or bank holidays.

• (3) The following works are permitted outside the hours referred to in sub-paragraph (1)—

• (a) emergency works; and

• (b) works which do not cause noise that is audible at the boundary of the Order limits.

• (4) Any emergency works carried out under sub-paragraph (3)(a) must be notified to the relevant planning authority within 72 hours of their commencement.

Construction noise

16

• (1) The construction noise management scheme referred to in the outline CEMP must include details of measures to control noise as set out in the outline CEMP and must, in addition, include details of—

• (a) steps to be taken to ensure compliance with BS 5228;

• (b) limitations on the duration of any moderate adverse effects from construction noise, in line with the predicted durations set out in the Environmental Statement; and

• (c) construction noise monitoring measures to enable the identification of adverse effects and any appropriate mitigation.

• (2) The authorised development must be carried out in accordance with the construction noise management scheme as approved in the CEMP.

Fencing and other means of enclosure

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• (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 relevant planning authority as part of the detailed design approval required by requirement 3(1) (detailed design approval).

• (2) For the purposes of paragraph (1), “commence” includes any site preparation works.

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

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

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

Archaeology

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• (1) The authorised development must be implemented in accordance with the archaeological mitigation strategy.

• (2) No phase within the authorised development is to be commenced until a written scheme of investigation, substantially in accordance with the outline archaeological management strategy, within that phase has been submitted to and approved by the relevant planning authority.

• (3) For the purposes of paragraph (2), the outline archaeological management strategy must include measures for unexpected archaeological discoveries, areas with no known archaeology and the archaeological watching brief.

• (4) For the purposes of paragraph (2), “commence” includes any site preparation works.

• (5) 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.

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

Surface and foul water drainage

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• (1) No phase of the authorised development is to be commenced until written details of the surface and foul water drainage scheme for that phase have been submitted to and approved by the local planning authority in consultation with the Environment Agency.

• (2) The details submitted under sub-paragraph (1) must include:

• (a) the plans and strategies referred to in Appendix 10.1 flood risk assessment and drainage strategy of the environmental statement (document reference 6.4.10.1 Revision 6); and

• (b) details of how flood risk will be managed during construction and operation in areas of increased flood risk, with reference to the Environment Agency’s latest Flood Map for Planning.

• (3) The surface and foul water drainage system for the relevant part of the authorised development must be constructed in accordance with the approved details.

• (4) For the purposes of paragraph (1), “commence” includes any site preparation works.

Requirement for written approval

20

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

Amendments to approved details

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

Consultation

22

Where the relevant 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 person or body prior to making an application to discharge the requirement.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

23

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 1974 subsequently referred to as “the 1974 Act”³⁵.

Applications made under requirements

24

• (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 eight weeks 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 24, the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the discharging authority.

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

• (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) Subject to paragraphs (4) and (5), 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 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 pursuant to paragraph (1) and the discharging authority does not determine the application within the period set out in paragraph ‎(1) and the application is accompanied by a report pursuant to paragraph ‎(4) 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.

Further information regarding requirements

25

• (1) In relation to any application referred to in paragraph 24, 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 2 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement concerned contained in Part 2 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within ten business days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within ten business 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

26

• (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 2 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 1974 Act;

• (d) on receipt of a request for further information pursuant to paragraph 24 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 23(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 2 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 twenty business 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 ten business 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 ten day period for counter-submissions under sub-paragraph (e).

• (3) The appointment of the appointed person pursuant to paragraph 26(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 paragraph 26(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 ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in paragraphs 26(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, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case, and in the sole discretion of the appointed person, may take into account 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 2 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 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

27

• (1) Where an application is made to the relevant 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 2012³⁶ (as may be amended or replaced from time to time) is to apply and must be paid to the relevant planning authority for each application.

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

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

• (b) the relevant planning authority failing to determine the application within ten weeks from the relevant date in paragraph 2(1) unless—

• (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant 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 2(1) of this Schedule.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

Interpretation

1

In this Schedule “cable works” means works to place, retain and maintain underground electrical and communications apparatus