The Byers Gill Solar Order 2025

• “maintain” and “maintenance” shall include the ability and right to do any of the following: construct, use, repair, alter, inspect, renew or remove;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “statutory undertaker” means Northern Gas Networks Limited (Company Number 05167070) whose registered office is at 1100 Century Way, Thorpe Park Business Park Colton, Leeds, LS15 8TU;

98

Except for paragraphs 99 (apparatus of Statutory undertaker in stopped up and temporarily closed streets), 103 (retained apparatus: protection), 104 (expenses) and 105 (indemnity), this Schedule does not apply to apparatus in respect of which the relations between the Undertaker and the Statutory undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of Statutory undertaker in stopped up and temporarily closed streets

99

• (1) Where any street is stopped up under article 14 (Public rights of way), if the Statutory undertaker has apparatus in such street or accesses it via such street then the statutory undertaker shall be entitled to the same rights in respect of such apparatus in the stopped up street as it enjoyed immediately before the stopping up and the undertaker will grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

• (2) Notwithstanding the temporary closure or diversion of any highway under the powers of article 13 (temporary closure of public rights of way), the statutory undertaker shall be at liberty at all times to take all necessary access across any such temporarily closed highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary closure or diversion was in that highway, subject always to the undertaker’s unimpeded ability to carry out the authorised works.

Acquisition of land

100

Regardless of any provision in the Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any apparatus or override any easement or other interest of the Statutory undertaker otherwise than by agreement (such agreement not to be unreasonably withheld or delayed by the statutory undertaker).

Removal or diversion of apparatus

101

• (1) If the undertaker acquires any interest in land in which the statutory undertaker’s apparatus is placed, that apparatus shall not be removed and any right of a statutory undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker, provided that the statutory undertaker shall use all reasonable endeavours to construct and install such alternative apparatus as soon as reasonably practicable.

• (2) If, for the purpose of executing any authorised works, the undertaker requires the removal or diversion of any apparatus, it must give to the statutory undertaker written notice of that requirement, together with a plan of the authorised works and the removal or diversion works proposed, the proposed position of the alternative apparatus, and the proposed timeline for the works. The statutory undertaker shall reasonably approve these details within 28 days of receipt of such plan. The undertaker must afford to the statutory undertaker to their reasonable satisfaction the necessary facilities and rights for

• (a) the construction of alternative apparatus in other land; and

• (b) the maintenance of that apparatus,

and the statutory undertaker must complete the works using its reasonable endeavours to meet the undertaker’s proposed timeline, and in any event without undue delay, in accordance with the details provided by the undertaker under this sub-paragraph or as otherwise reasonably agreed by the undertaker.

• (3) If, in consequence of the authorised works carried out by the undertaker, the statutory undertaker reasonably needs to remove or divert any of its apparatus, it shall without undue delay give the undertaker written notice of that requirement, together with a plan of the work proposed, the proposed position of the alternative apparatus and the proposed timeline for the works. The undertaker must reasonably approve these details and must afford to the statutory undertaker to their reasonable satisfaction the necessary facilities and rights for

• (a) the construction of alternative apparatus; and

• (b) the maintenance of that apparatus

and the statutory undertaker must complete the works without undue delay and in accordance with the approved details.

• (4) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraphs (2) and (3), the statutory undertaker must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, but this obligation shall not require the statutory undertaker to use its compulsory purchase powers unless it elects to so do.

• (5) Paragraphs 104 (Expenses) and 105 (Indemnity) of this Schedule apply to removal or diversions works under this paragraph 101, but the statutory undertaker must provide to the undertaker a reasonable cost estimate for works that it proposes to carry out for the undertaker’s approval.

Facilities and rights for alternative apparatus

102

• (1) Where, in accordance with the provisions of this Schedule, the undertaker affords to the statutory undertaker facilities and rights for the construction and maintenance in the undertaker’s land of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the statutory undertaker and shall be no less favourable on the whole to the Statutory undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed, unless otherwise reasonably agreed.

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus in the undertaker’s land are less favourable on the whole to the statutory undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed, then the undertaker and the statutory undertaker must agree appropriate compensation for the extent to which the new facilities and rights render the statutory undertaker less able to effectively carry out its undertaking or require it to do so at greater cost. If the amount of compensation cannot be agreed, then either the undertaker or the statutory undertaker may refer the matter to arbitration in accordance with paragraph 14, and the arbitrator shall make such provision for the payment of compensation by the undertaker to the statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection

103

• (1) Not less than 56 days before commencing the execution of any authorised works that will or may affect any apparatus, the removal or diversion of which has not been required by the undertaker under paragraph 101(2) or otherwise or by the statutory undertaker under paragraph 6(3), the undertaker must submit to the statutory undertaker in question a plan showing the authorised works and the apparatus.

• (2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the statutory undertaker under sub-paragraph (1) shall be detailed including a method statement and describing—

• (a) the exact position of the authorised works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any apparatus.

• (3) The Undertaker must not commence the construction or renewal of any authorised works to which sub-paragraphs (1) or (2) apply until the statutory undertaker has given written approval of the plan so submitted.

• (4) Any approval of the statutory undertaker required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and

• (b) shall not be unreasonably withheld or delayed.

• (5) In relation to works to which sub-paragraph (2) applies, the statutory undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works executed under the Order to which this paragraph 8 applies shall be executed only in accordance with the relevant plan, notified under sub-paragraph (1) and approved (with conditions, if applicable) under sub-paragraph (4), as amended from time to time by agreement between the undertaker and the statutory undertaker. The statutory undertaker shall be entitled to watch and inspect the execution of those works.

• (7) Where the statutory undertaker requires any protective works or subsidence monitoring to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature), the statutory undertaker must give the undertaker reasonable notice of such requirement in its approval under sub-paragraph (3), and

• (a) such protective works must be carried out to the statutory undertakers’ reasonable satisfaction prior to the carrying out of the relevant part of the authorised works;

• (b) ground subsidence monitoring shall be carried out in accordance with a scheme approved by the statutory undertaker (such approval not to be unreasonably withheld or delayed), which must set out:

• (i) the apparatus which is to be subject to such monitoring;

• (ii) the extent of land to be monitored;

• (iii) the manner in which ground levels are to be monitored;

• (iv) the timescales of any monitoring activities; and

• (v) the extent of ground subsidence which, if exceeded, requires the undertaker to submit for the statutory undertaker’s approval a ground subsidence mitigation scheme in respect of such subsidence;

• (c) if a subsidence mitigation scheme is required, it must be carried out as approved by the statutory undertaker (such approval not to be unreasonably withheld or delayed).

• (8) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the relevant authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

• (9) The undertaker must not be required to comply with sub-paragraphs (1) or (2) where it needs to carry out emergency works as defined in the 1991 Act, but in that case it must give to the statutory undertaker notice as soon as is reasonably practicable and a plan of those works shall comply with the other requirements in this paragraph insofar as is reasonably practicable in the circumstances, provided that it always complies with sub-paragraph (11).

• (10) At all times when carrying out any works authorised under the Order that may or will affect the apparatus, the undertaker must comply with the statutory undertaker’s policies for safe working in proximity to gas apparatus including the “Specification for safe working in the vicinity of Northern Gas Networks, Gas pipelines and associated installation requirements for third parties “NGN/SPSSW22” and the Health and Safety Executive guidance document “HS(G)47 Avoiding Danger from underground services”.

Expenses

104

• (1) Subject to the following provisions of this paragraph, the Undertaker shall repay to the Statutory undertaker as soon as reasonably practicable on receipt of an itemised invoice or claim from the Statutory undertaker all charges, costs and expenses reasonably incurred by the statutory undertaker in, or in connection with, the inspection, removal or diversion, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be reasonably required and necessary in consequence of the execution of the authorised works, including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus, including without limitation in the event that the statutory undertaker elects to use compulsory purchase powers to acquire any necessary rights under paragraph 101(4);

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any works carried out pursuant to this Schedule; and

• (g) any statutory loss of supply payments under the ‘Guaranteed Standards of Service’ regime that the statutory undertaker may incur in consequence of the works, but in the event that such payments are likely to become payable, the statutory undertaker shall give the undertaker notice as soon as reasonably practicable of the payments and the likely amount.

• (2) The statutory undertaker must use its reasonable endeavours to mitigate in whole or in part, and in any event to minimise, any expenses capable of being claimed under sub-paragraph (1). If requested to do so by the undertaker, the statutory undertaker shall provide an explanation of how the claimed expenses have been minimised. The undertaker shall only be liable to pay expenses that have been reasonably incurred.

• (3) There is to be deducted from any sum payable under sub-paragraph (1), the value of any apparatus removed under the provisions of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal and not including the costs (if any) of disposing that apparatus.

• (4) If in accordance with the provisions of this part of this Schedule—

• (a) apparatus of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

then, if this incurs greater expense than would have been incurred by a like-for-like (or as close as practicable to like-for like) replacement at the same depth, the undertaker is not liable for this additional expense.

• (5) For the purposes of sub-paragraph (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus.

• (6) An amount which apart from this sub-paragraph would be payable to the statutory undertaker in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of alternative apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Indemnity

105

• (1) Subject to sub-paragraphs (2),(3) and (4), and without detracting from paragraph 104 above, if by reason or in consequence of the construction of any works carried out under this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the statutory undertaker, or the statutory undertaker becomes liable to pay any amount to any third party, the undertaker must—

• (a) indemnify the statutory undertaker any costs reasonably incurred by the statutory undertaker in making good such damage or restoring the supply; and

• (b) indemnify the statutory undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs (save to the extent that the same arises due to the sole, or complete act, neglect or default of the statutory undertaker) incurred by or recovered from the statutory undertaker.

• (2) The fact that any act or thing may have been done by the statutory undertaker on behalf of the undertaker or in accordance with a plan approved by the statutory undertaker or in accordance with any requirement of the statutory undertaker or under its supervision shall not (subject to sub-paragraph (4)), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) The statutory undertaker must use its reasonable endeavours to mitigate in whole or in part, and in any event to minimise, any costs, expenses, loss, demands, penalties etc. capable of being claimed under sub-paragraph (1). If requested to do so by the undertaker, the statutory undertaker shall provide an explanation of how the claimed expenses have been minimised. The undertaker shall only be liable to pay expenses that have been reasonably incurred.

• (4) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to:

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of the statutory undertaker, its officers, servants, contractors or agents; or

• (b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working, or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.

• (5) The statutory undertaker shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Enactments and agreements

106

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to the Undertaker.

Co-operation

107

• (1) Where in consequence of the proposed construction of any of the authorised works the undertaker or the statutory undertaker requires the removal of apparatus in accordance with the provisions of this Part of this Schedule or the Statutory undertaker requires reasonable conditions in respect of the undertaker’s proposed works under paragraph 103, each party shall use all reasonable endeavours to co-ordinate the execution of such works in the interests of safety and the efficient and economic execution of the authorised development, taking into account the absolute need to ensure the safe and efficient operation of the statutory undertaker’s undertaking and its apparatus.

• (2) Whenever the statutory undertaker’s consent or approval is required under the provisions of this Part, such approval must not be unreasonably withheld or delayed, and any action, decision, cost or expense which may be claimed by the statutory undertaker under paragraphs 104 and 105 is subject to this requirement to act reasonably.

Access

108

If in consequence of the powers granted under the Order, the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

109

Any difference or dispute arising between the undertaker and the statutory undertaker under this Schedule shall, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 40 (Arbitration) of the Order.

Works falling outside of development authorised by the Order

110

Nothing in this Part requires the undertaker to carry out works, or requires the undertaker to enable the statutory undertaker to carry out works, that are not authorised by the Order. The statutory undertaker must not request any alteration, diversion, protective work or any other work which is not authorised to be carried out under the Order (but for the avoidance of doubt, it may elect to carry out such works itself under any other planning permission, permitted development rights or statutory powers (including those of compulsory acquisition) available to it).

Cathodic protection testing

111

Where in the reasonable opinion of either party:

• (a) the authorised development might interfere with the existing cathodic protection forming part of the apparatus; or

• (b) the apparatus might interfere with the proposed or existing cathodic protection forming part of the authorised development;

the parties shall co-operate in undertaking the tests which they consider reasonably necessary for ascertaining the nature and extent of such interference and measures for providing or preserving cathodic protection.

SCHEDULE 12 — ARBITRATION RULES

Primary objective

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties to the dispute (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 40 of this Order.

• (2) The parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within 20 working days of the dispute arising, or such longer period as agreed in writing by the parties, shall be subject to arbitration in accordance with the terms of this Schedule.

• (3) The arbitration will be deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these arbitration rules will be measured in days and this will include weekends, but not bank or public holidays.

• (2) Time periods will be calculated from the day after the arbitrator is appointed which is either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration will be that set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 14 days of the arbitrator being appointed, the Claimant will provide both the Respondent and the arbitrator with—

• (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, the amount of its claim and/or the remedy it is seeking;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the Claimant’s statements under sub-paragraph (2) by the arbitrator and Respondent, the Respondent will provide the Claimant and the arbitrator with—

• (a) a written statement of defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports;

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations of the objections.

• (4) Within seven days of the Respondent serving its statements under sub-paragraph (3), the Claimant may make a statement of reply by providing both the Respondent and the arbitrator with—

• (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;

• (c) any expert report in response to the Respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent;

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties’ pleadings, witness statements and expert reports (if any) will be concise. No single pleading will exceed 30 single sided A4 pages using 10pt Arial font.

• (2) The arbitrator will make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within seven days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within ten days of the arbitrator advising the parties that he/she will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator is to direct a date and venue which he/she considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (6) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (7) There will be no process of examination and cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—

• (a) at least 28 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least seven days before the hearing.

• (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held, the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

• (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which the arbitrator is appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before him/her attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The arbitrator has all the powers of the Arbitration Act 1996⁴⁴, including the non-mandatory sections, save where modified by this Schedule.

• (2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—

• (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

• (2) Where the difference involves connected or interrelated issues, the arbitrator will consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

• (4) The arbitrator will award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public.

• (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

• (3) Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 13 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Application Document Reference	(3) Revision number
arboricultural impact assessment	Volume 6, document reference 6.4.7.7	C01
archaeological management strategy	Volume 6, document reference 6.4.8.5	C01
book of reference	Volume 4, document reference 4.2	7
design approach document	Volume 7, document reference 7.2	4
environmental masterplan	Volume 2, document reference 2.5	5
environmental statement	Volume 6, document reference 6.1	C01
environmental statement	Volume 6, document reference 6.2 (excluding chapters 7 and 13)	C01
environmental statement	Volume 6, document reference 6.2.7 (chapter 7)	2
environmental statement	Volume 6, document reference 6.2.13 (chapter 13)	2
environmental statement	Volume 6, document reference 6.3 (excluding figures 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.13, 11.1, 12.1, and 13.2)	C01
environmental statement	Volume 6, document reference 6.3.2.2 to and including 6.3.2.8 (figures 2.2 to and including 2.8)	2
environmental statement	Volume 6, document reference 6.3.2.13 (figure 2.13)	3
environmental statement	Volume 6, document reference 6.3.11.1 (figure 11.1)	B
environmental statement	Volume 6, document reference 6.3.12.1 (figure 12.1)	3
environmental statement	Volume 6, document reference 6.3.13.3 (figure 13.2)	2
environmental statement	Volume 6, document reference 6.4 (excluding appendices 7.6, 10.1, 10.2, 11.4, 12.1 and 13.3)	C01
environmental statement	Volume 6, document reference 6.4.7.6 (appendix 7.6)	2
environmental statement	Volume 6, document reference 6.4.10.1 (appendix 10.1)	6
environmental statement	Volume 6, document reference 6.4.10.2 (appendix 10.2)	3
environmental statement	Volume 6, document reference 6.4.11.4 (appendix 11.4)	2
environmental statement	Volume 6, document reference 6.4.12.1 (appendix 12.1)	2
environmental statement	Volume 6, document reference 6.4.13.3 (appendix 13.3)	2
land plans	Volume 2, document reference 2.4	4
location plan	Volume 2, document reference 2.1	4
outline battery fire safety management plan	Volume 6, document reference 6.4.2.13	C01
outline construction environmental management plan	Volume 6, document reference 6.4.2.6	3
outline construction traffic management plan	Volume 6, document reference 6.4.2.8	3
outline decommissioning environmental management plan	Volume 6, document reference 6.4.2.7	2
outline landscape and ecological management plan	Volume 6, document reference 6.4.2.14	3
outline materials management plan	Volume 6, document reference 6.4.2.10	C01
outline pollution and spillage response plan	Volume 6, document reference 6.4.2.9	C01
outline public rights of way management plan	Volume 6, document reference 6.4.2.15	5
outline site waste management plan	Volume 6, document reference 6.4.2.11	C01
outline soil resource management plan	Volume 6, document reference 6.4.2.12	C01
special category land plans	Volume 2, document reference 2.6	1
street works, public rights of way and access plan	Volume 2, document reference 2.3	8
works plans	Volume 2, document reference 2.2	4

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 23rd July 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises the construction, operation and maintenance of a solar generating station and battery energy storage facility on land within the Order limits together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory purchase of land (including rights in land) and the right to use land and to override easements and other rights.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 37 (certification of plans and documents, etc.) may be inspected free of charge during working hours at the offices of: Darlington Borough Council, Town Hall, Feethams, Darlington DL1 5QT; Stockton-on-Tees Borough Council’s main address is Dunedin House, Columbia Drive, Thornaby, Stockton-on-Tees TS17 6BJ; and Durham County Council, County Hall, Durham DH1 5UL.

Footnotes

Editorial notes