The Peartree Hill Solar Farm Order 2026

SCHEDULE 2 REQUIREMENTS

Article 2 PART 1 REQUIREMENTS Interpretation 1 In this Schedule— “archaeological management strategy” means the document certified by the Secretary of State under article 42 as the archaeological management strategy for the purposes of the Order; “design parameters document” means the document certified by the Secretary of State under article 42 as the design parameters document for the purposes of this Order; “outline BSMP” means the document certified by the Secretary of State under article 42 as the outline battery safety management plan for the purposes of this Order; “outline CEMP” means the document certified by the Secretary of State under article 42 as the outline construction environmental management plan for the purposes of this Order; “outline CTMP” means the document of that description certified by the Secretary of State under article 42 as the outline construction traffic management plan for the purposes of this Order; “outline DEMP” means the document certified by the Secretary of State under article 42 as the outline decommissioning environmental management plan for the purposes of this Order; “outline LEMP” means the document certified by the Secretary of State under article 42 as the outline landscape and ecological management plan for the purposes of the Order; “outline OEMP” means the means the document certified by the Secretary of State under article 42 as the outline operational environmental management plan for the purposes of the Order; “outline rights of way and access management plan” means the document certified by the Secretary of State under article 42 as the outline rights of way and access management plan for the purposes of the Order; “outline site waste management plan” means the document certified by the Secretary of State under article 42 as the outline site waste management plan for the purposes of the Order; and “outline soil management plan” means the document certified by the Secretary of State under article 42 as the outline soil management plan for the purposes of the Order. Time limits 2 The authorised development must commence no later than the expiration of five years beginning from the date this Order comes into force. Detailed design approval 3 (1) No part 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, junction improvements and passing places; and (g) drainage, water, power and communications cables and pipelines, relating to that part have been submitted to and approved in writing by the local planning authority. (2) The details submitted must accord with the design parameters document. (3) The authorised development must be carried out in accordance with the approved details. (4) Sub-paragraph (1) does not apply to the matters listed under sub-paragraph (1)(f) if consent has already been given to the details of those works in accordance with articles 10 (street works), 12 (power to alter layout, etc. of streets), 13 (construction and maintenance of altered streets) or 15 (access to works). Construction environmental management plan 4 (1) No part of the authorised development may commence until a CEMP for that part has been submitted to and approved by the local planning authority, following consultation by the undertaker with the Environment Agency on matters relevant to its respective functions and Natural England in relation to measures associated with bentonite breakout only. (2) Any CEMP submitted must include a commitment to regularly share all relevant pre-construction, construction, post-construction and operational survey and monitoring data in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national and regional environmental recording schemes. (3) Any CEMP submitted for approval under sub-paragraph (1) must be in accordance with the outline CEMP. (4) The construction of any part of the authorised development must be carried out in accordance with the approved CEMP for that part. Construction traffic management plan 5 (1) No part of the authorised development may commence until a CTMP for that part has been submitted to and approved by the local planning authority, following consultation by the undertaker with Hull City Council and National Highways on matters relevant to their respective functions. (2) Any CTMP submitted for approval under sub-paragraph (1) must be in accordance with the outline CTMP. (3) The construction of any part of the authorised development must be carried out in accordance with the approved CTMP for that part. Soil Management 6 (1) No part of the authorised development may commence until a soil management plan for that part has been submitted to and approved by the local planning authority. (2) Any soil management plan submitted for approval under sub-paragraph (1) must be in accordance with the outline soil management plan. (3) The construction of any part of the authorised development must be carried out in accordance with the approved soil management plan for that part. Site Waste 7 (1) No part of the authorised development may commence until a site waste management plan covering that part has been submitted to and approved by the local planning authority. (2) Any site waste management plan submitted for approval under sub-paragraph (1) must be in accordance with the outline site waste management plan. (3) Any site waste management plan approved under sub-paragraph (1) must be implemented as approved. Battery safety management plan 8 (1) No part of the authorised development that contains Work No. 2 may commence until a BSMP for that part has been submitted to and approved by the local planning authority, following consultation by the undertaker with the Humberside Fire and Rescue Service and the Environment Agency on matters relevant to their respective functions. (2) Any BSMP submitted for approval under sub-paragraph (1) must be in accordance with the outline BSMP. (3) Any BSMP approved under sub-paragraph (1) must be implemented as approved and maintained throughout the construction, operation and decommissioning of Work No. 2. Landscape and ecological management plan 9 (1) No part of the authorised development may commence until a LEMP for that part has been submitted to and approved by the local planning authority following consultation by the undertaker with the Environment Agency, Natural England and Historic England on matters relevant to their respective functions. (2) Any LEMP submitted for approval under sub-paragraph (1) must be in accordance with the outline LEMP and must demonstrate how a minimum biodiversity net gain of 55% for area habitat units, 35% for hedgerow units and 10% for watercourse units, calculated using the Department of Environment, Food and Rural Affairs’ Statutory Biodiversity Metric (February 2024), or other biodiversity net gain metric agreed between the undertaker and the local planning authority in consultation with Natural England, would be delivered. (3) Any LEMP submitted must include a commitment to regularly share all relevant pre-construction, construction, post-construction and operational survey and monitoring data in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national and regional environmental recording schemes. (4) Any LEMP approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the LEMP relates. Public rights of way 10 (1) No part of the authorised development may commence until a rights of way and access management plan for any sections of public rights of way shown to be temporarily closed or restricted on the streets, rights of way and access plans for that part has been submitted to and approved by the local planning authority. (2) The rights of way and access management plan must be in accordance with the outline rights of way and access management plan. (3) The rights of way and access management plan approved under sub-paragraph (1) must be implemented as approved. Fencing and other means of enclosure 11 (1) No part of the authorised development may commence until written details of any proposed temporary fences, walls or other means of enclosure for that part have been submitted to and approved by the local planning authority. (2) No part of the authorised development may commence until written details of any proposed permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the local planning authority. (3) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraphs (1), (2) and (5) at all times during construction of the part of the authorised development for which it is used. (4) Any temporary fencing must be removed on completion of the construction of the part of the authorised development for which it was used. (5) In the event that temporary fences, walls or other means of enclosure are required for the permitted preliminary works, no permitted preliminary works may take place until written details of all proposed temporary fences, walls or other means of enclosure required for such works have been submitted to and approved by the local planning authority. (6) Prior to the date of final commissioning of the authorised development, any permanent fencing, walls or other means of enclosure approved under sub-paragraph (2) must be completed and properly maintained for the operational lifetime of that part of the authorised development. Operational noise 12 (1) No part of Works Nos. 1 or 2 may commence until an operational noise assessment containing details of how the design of that numbered work has incorporated mitigation measures to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that part has been submitted to and approved by the local planning authority. (2) The mitigation measures described in the operational noise assessment submitted for each part of Works Nos. 1 and 2 under sub-paragraph (1) must be implemented as approved and shall be maintained for the period specified in the assessment. Archaeology 13 (1) No part of the authorised development may commence until a written scheme of investigation for that part has been submitted to and approved by the local planning authority. (2) Any written scheme of investigation submitted for approval must be in accordance with the archaeological management strategy. (3) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the written scheme of investigation approved under sub-paragraph (1) for the duration of the works on the part of the authorised development to which the written scheme of investigation relates. (4) Unless otherwise agreed in writing by Historic England and the local planning authority, for the purposes of sub-paragraph (1) “commence” includes any permitted preliminary works which involve the breaking or disturbing of ground. Operational environmental management plan 14 (1) Prior to the date of final commissioning of the authorised development, an OEMP must be submitted to and approved by the local planning authority. (2) Any OEMP submitted for approval under sub-paragraph (1) must be in accordance with the outline OEMP. (3) The operation of the authorised development must be carried out in accordance with the approved OEMP. Decommissioning and restoration 15 (1) The date of decommissioning for any part of the authorised development must commence no later than 40 years following the date of final commissioning of the authorised development. (2) Unless otherwise agreed with the local planning authority, no later than 3 months prior to the intended date of decommissioning of any part of the authorised development, the undertaker must submit to the local planning authority for that part a DEMP for approval. (3) Any DEMP submitted for approval under sub-paragraph (2) must be in accordance with the outline DEMP and must include an anticipated timescale in which decommissioning works should be completed. (4) No decommissioning works must be carried out until the local planning authority approves the DEMP submitted under sub-paragraph (2) in relation to such works. (5) The DEMP 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. Interaction with Field House Solar Farm and Carr Farm Solar Farm 16 (1) The undertaker must use all reasonable endeavours to avoid any conflict arising between the carrying out and maintenance of the authorised development and the carrying out of Field House Solar Farm and minimise any conflict arising between the carrying out and maintenance of the authorised development and (i) the carrying out and maintenance of Carr Farm Solar Farm and (ii) the maintenance of Field House Solar Farm. (2) Without limitation to sub-paragraph (1), the undertaker must— (a) use all reasonable endeavours to programme its construction activities to avoid the use of the existing access track or a relevant access within the Field House Solar Farm construction phase; (b) in the event that the construction of the authorised development occurs concurrently with the construction of Field House Solar Farm and Carr Farm Solar Farm (or either of them), to co-operate with Albanwise Ltd so as to reasonably ensure the co-ordination of construction programming, use of the existing access track land assembly, and the carrying out of works in connection with the authorised development so as to minimise disruption to the construction, and maintenance of Field House Solar Farm and Carr Farm Solar Farm; (c) provide a point of contact for continuing liaison and co-ordination throughout the construction and operation of the authorised development; (d) exercise the powers of temporary possession and compulsory acquisition in such manner as is reasonably necessary for the undertaker to safely construct, maintain or operate the authorised development whilst, so far as reasonably practicable, minimising any disruption to the construction and operation of Field House Solar Farm and Carr Farm Solar Farm; (e) unless otherwise agreed with Albanwise Ltd, ensure that the route of a relevant access to and from the authorised development does not require the removal of any above ground infrastructure constructed pursuant to the Field House Solar Farm planning permission; and (f) before submitting for approval under Requirement 5 a CTMP that relates to a part of the authorised development which would involve the use of the existing access track or a relevant access, consult with, and have due regard to comments made by, Albanwise Ltd in relation to that CTMP on matters relating to the use of the existing access track or a relevant access. (3) Field House Solar Farm below ground infrastructure shall have the benefit of the Protective Provisions for Electricity Undertakers in Part 1 of Schedule 11 to the Order as if it were “apparatus” as defined in paragraph (2)(a) of Part 1 of Schedule 11. (4) Where the undertaker identifies an inconsistency between a planning permission and this Order it must notify the local planning authority as soon as reasonably practicable about the existence of the inconsistency, and how the undertaker is proceeding in view of that inconsistency. (5) In this paragraph— (a) “above ground infrastructure” means the solar photovoltaic arrays and substation development shown on the approved plan identified in condition 3 of the Field House Solar Farm planning permission and identified as Figure 04 – Proposed Site Plan; (b) “Albanwise Ltd” means Albanwise Limited (Company Registration Number 01359468) whose registered office is at Botanic House, Hills Road, Cambridge, England, CB2 1PH and any successor who implements the planning permission for Field House Solar Farm and Carr Farm Solar Farm; (c) “below ground infrastructure” means any apparatus, equipment or structures comprising part of Field House Solar Farm which is below ground, including but not limited to underground electricity cables and associated equipment; (d) “Carr Farm Solar Farm” means the solar farm development permitted pursuant to the Carr Farm Solar Farm planning permission; (e) “Carr Farm Solar Farm planning permission” means the planning permission with reference APP/E2001/W/25/3360978; (f) “conflict” does not include any overlap in the land to be occupied or developed by the undertaker and the land which is the subject of a planning permission for Field House Solar Farm and Carr Farm Solar Farm; (g) “existing access track” means the existing access track running south off the A1035; (h) “Field House Solar Farm” means the solar development permitted pursuant to the Field House Farm Solar Farm planning permission; (i) “Field House Solar Farm construction phase” means the construction period for Field House Solar Farm not exceeding 8 months and commencing when confirmed to the undertaker in writing by Albanwise Ltd no later than 21 days after the date on which the Order is made; (j) “Field House Farm Solar Farm planning permission” means the planning permission with reference 22/000824/STPLF; (k) “inconsistency” means a circumstance in which a physical conflict exists, or one in which development is no longer capable of being physically implemented or otherwise operated in accordance with the permission or consent granted; (l) “planning permission” means planning permission granted under the 1990 Act including planning permission deemed to be granted under article 3 (permitted development) and Classes F, G, I, J, K, L, M and N of Part 8 (Transport related development) of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015; and (m) “relevant access” means such access to the authorised development as may be constructed pursuant to this Order within the limits of plot 2A-5. Requirement for written approval 17 Where under any of the requirements the approval, agreement or confirmation of the local planning authority is required that approval, agreement or confirmation must be given in writing. Amendments to approved details 18 (1) The undertaker must submit any amendments to any Approved Document to the local planning authority for approval and, following approval, the relevant Approved Document is to be taken to include the amendments as approved under this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any Approved Document may not be given except where it has been demonstrated to the satisfaction of the local planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. (3) In this paragraph, “Approved Document” means any document certified under article 42 (certification of plans and documents, etc) and any plans, details or schemes which have been approved pursuant to any requirement. Consultation 19 In relation to any provision of this Schedule requiring details to be submitted to the local planning authority for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 21 business days for any response to the consultation and thereafter the details submitted to the planning authority for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted including copies of any representations made by a consultee about the proposed application and the undertaker’s response to those representations. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Applications made under Part 1 20 (1) Where an application has been made to the local planning authority for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement included in this Order), the local planning authority must give notice to the undertaker of its decision on the application within a period of 56 days beginning with the later of— (a) the day immediately following that on which the application is received by the local planning authority; (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 21 (further information regarding requirements); or (c) such other period that is agreed in writing between the undertaker and the local planning authority. (2) In determining any application made to the local planning authority for any consent, agreement or approval required by a requirement included in this Order, the local planning 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 local planning authority must provide its reasons for that decision with the notice of the decision. (3) In the event that the local planning authority does not determine an application within the period set out in sub-paragraph (1), the local planning authority is deemed to have granted all parts of the application (without any condition or qualification) at the end of that period. (4) For deemed consent under paragraph (3) to apply to any application for consent under paragraph (1), the application must include a statement that the provisions of paragraph (3) apply to that application (5) If an application for consent under paragraph (1) does not include the statement required under paragraph (4), then the provisions of paragraph (3) will not apply to that application. Further information regarding requirements 21 (1) In relation to any application made under this Schedule 2, the local planning authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) In the event the local planning authority considers such further information to be necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the local planning authority must, within 15 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. (3) In the event that the local planning authority does not give such notification within the period specified in sub-paragraph (2) or (4) the local planning authority (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker. (4) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the local planning authority must issue the application to the consultee within 14 days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within 14 days of receipt of such a request. Appeals 22 (1) The undertaker may appeal to the Secretary of State in the event that the local planning authority— (a) refuses an application for any consent, agreement or approval required under this Order or grants it subject to conditions; (b) 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; (c) on receipt of a request for further information under paragraph 21, the undertaker considers that either the whole or part of the specified information requested by the local planning authority is not necessary for consideration of the application; or (d) on receipt of any further information requested under paragraph 21, the local planning authority notifies the undertaker 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 applicable under sub-paragraph (1) is as follows— (a) any appeal by the undertaker must be made within 42 days of the event under sub-paragraph (1); (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the local planning authority; (c) the Secretary of State must appoint a suitably qualified person to consider the appeal (“the appointed person”) as soon as is practicable after the submission under sub-paragraph (b) and must notify the appeal parties of the identity of the appointed person, a start date and the address to which all correspondence for their attention should be sent; (d) the local planning authority must submit their written representations to the appointed person in respect of the appeal within 15 business days of the start date 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 undertaker on the day on which they are submitted to the appointed person; (e) the undertaker must make any counter-submissions to the appointed person within ten business days of receipt of written representations under sub-paragraph (d); and (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable but in any event no longer than 30 business days from receipt of counter-submissions under sub-paragraph (e). (3) The appointment of the appointed person under sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required under sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. (6) The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. (7) The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the agreed date but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (f). (8) 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 or request of the local planning 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. (9) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. (10) 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. (11) The decision of the appointed person on an appeal is final and binding on the parties unless proceedings are brought by a claim for a judicial review. (12) Except where a direction is given under sub-paragraph (13) requiring some or all the costs of the appointed person to be paid by the local planning authority, the reasonable costs of the appointed person must be met by the undertaker. (13) The appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs are to be paid. (14) 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 Appeals (March 2014) or any circular or such guidance which may from time to time replace it. Fees 23 (1) Where an application is made to the local planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (as may be amended or replaced from time to time) is to apply and must be paid to the local planning authority for each application. (2) Any fee paid under this Schedule must be refunded to the undertaker within 28 days of— (a) the application being rejected as invalidly made; or (b) the local planning authority failing to determine the application within the relevant period in paragraph 20(1) unless— (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the local planning authority and credited in respect of a future application; or (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 20(1)(c) of this Schedule.