The Helios Renewable Energy Project Order 2025

SCHEDULE 2 REQUIREMENTS

Articles 2(1) and 40 PART 1 REQUIREMENTS Time limits 1 The authorised development must commence no later than the expiration of 5 years beginning with the date this Order comes into force. Phases of authorised development and date of final commissioning 2 (1) The authorised development may not be commenced until a written scheme setting out the proposed phases of construction of the authorised development has been submitted to and approved by the local planning authority. (2) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. (3) Notice of the date of final commissioning with respect to each phase of Work No. 1 must be given to the local planning authority within 21 working days of the date of final commissioning for that phase. (4) Nothing shall prevent the undertaker and the local planning authority agreeing to amend the written scheme setting out the proposed phases of construction. (5) The approved written scheme may contain flexibility and optioneering for different proposed phases of construction provided that the undertaker notifies the local planning authority of the final intended phasing prior to commencement. Detailed design approval 3 (1) No phase of the authorised development may commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; (g) refuse or other storage units, signs and lighting; (h) drainage, water, power and communications cables and pipelines; (i) programme for landscaping works; (j) fencing; (k) security measures; and (l) any mitigation measures necessary to address noise impacts. relating to that phase have been submitted to and approved in writing by the local planning authority. (2) The details submitted must accord with— (a) the location and order limits plan; (b) the works plans; (c) the principles and assessments set out in the environmental statement; and (d) the outline design principles document. (3) The authorised development must be carried out in accordance with the approved details. Construction environmental management plan (CEMP) 4 (1) No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the local planning authority, in consultation with the Environment Agency in relation to matters in relation to its statutory functions. (2) Any CEMP submitted for approval must be in accordance with the outline CEMP and any approved CEMP must be adhered to for the duration of the works in the phase of the authorised development to which the CEMP relates. (3) The CEMP for each phase of the authorised development must provide details of— (a) site and construction working hours including details of out of hours working procedures; (b) community liaison; (c) complaints procedures; (d) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration); (e) construction dust assessment; (f) site waste and materials management measures; (g) pollution control measures to prevent the introduction of any hazardous substances; (h) security measures and use of artificial lighting; and (i) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction. Decommissioning and restoration 5 (1) Decommissioning works must commence no later than 40 years following the date of the final commissioning of Work No. 1 that is the subject of the last notice given by the undertaker pursuant to requirement 2(3) (phase of authorised development and date of final commissioning). (2) No later than 12 months prior to the commencement of any decommissioning works for any part of the authorised development, the undertaker must— (a) submit to the local planning authority for approval a decommissioning environmental management plan for that part; and (b) submit to the local planning authority for approval in consultation with National Highways (or its successors) a decommissioning traffic management plan for that part. (3) No later than year 15 of operation the undertaker must notify the local planning authority that the undertaker has put in place the requisite decommissioning security in the form as required by the landowners. (4) The plans submitted and approved under sub-paragraph (2) must be substantially in accordance with the relevant part of the outline DEMP. (5) The decommissioning environmental management plan submitted and approved must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials. (6) No decommissioning works must be carried out until the local planning authority approves the plans submitted in relation to such works are approved as set out on subparagraph (2). (7) The plans submitted to and approved pursuant to sub-paragraph (2) must be implemented as approved for the works required to decommission that phase of the authorised development unless otherwise approved in writing. (8) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. Construction traffic management plan (CTMP) 6 (1) No phase of the authorised development may commence until a CTMP covering that phase and in accordance with the outline CTMP has been submitted to and approved by the local planning authority, in consultation with the highway authority for the highway(s) to which the CTMP for that phase relates. (2) The CTMP must be substantially in accordance with the outline CTMP. (3) The CTMP submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. Operational environmental management plan (OEMP) 7 (1) Prior to the date of final commissioning for any phase of the authorised development, an OEMP for that part must be submitted to and approved by the local planning authority in consultation with the waste authority, the highway authority and the Environment Agency. (2) The OEMP must include details of— (a) nuisance management including measures to avoid or minimise the impacts of operational works (covering dust, noise and vibration); and (b) associated traffic movements, including delivery vehicles and staff operation/vehicle movements. (3) The OEMP must be substantially in accordance with the outline OEMP (4) The OEMP submitted and approved pursuant to sub-paragraph (1) must be implemented and maintained as approved throughout the operation of the relevant phase of the authorised development to which the plan relates. Soil management 8 (1) No phase of the authorised development may commence until a soil resource management plan for that phase, which must be substantially in accordance with the outline soil resource management plan as relevant to construction activities, has been submitted to and approved by the local planning authority. (2) All construction works associated with the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (1). (3) Prior to the date of final commissioning for any phase of the authorised development, a soil resource management plan, which must be substantially in accordance with the outline soil resource management plan as relevant to operational activities, for that phase must be submitted to and approved by the local planning authority. (4) The operation of the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (3) and maintained throughout the operation of the relevant phase of the authorised development to which the plan relates. (5) Prior to the commencement of decommissioning works for any phase of the authorised development, a soil resource management plan, which must be substantially in accordance with the outline soil resource management plan as relevant to decommissioning activities, for that phase must be submitted to and approved by the local planning authority. (6) The decommissioning of the authorised development must be carried out in accordance with the soil resource management plan submitted and approved pursuant to sub-paragraph (5). Battery safety management plan 9 (1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by the local planning authority in consultation with North Yorkshire Fire and Rescue Service and the Environment Agency. (2) The submitted battery safety management plan must either accord with the outline battery safety management plan or detail such changes as the undertaker considers are required to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development. (3) The outline battery safety management plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. Landscape and ecological management plan (LEMP) 10 (1) No phase of the authorised development may commence until a LEMP covering that phase which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England. (2) The LEMP must include— (a) details of the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stages of the authorised development; (b) details of habitat creation including how a minimum of 10% biodiversity net gain in habitat units, calculated using the Department of Environment, Food and Rural Affairs’ Statutory Metric (July 2025), or if this is withdrawn or replaced, a biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body), will be achieved during the operation of the authorised development; (c) details of ongoing management including seasonal grazing regime and other measures including the annual review of the need for any additional mitigation planning work during the lifetime of the authorised development; (d) a timetable for the landscape management and maintenance of the land within the Order limits during the lifetime of the authorised development; (e) landscaping details; and (f) detailed arrangements for— (i) regular monitoring of the condition and effectiveness of the habitat provided for ground nesting birds, including the recording of the number and location of any skylark plots provided; (ii) regular monitoring of population and productivity of ground nesting birds. (3) The arrangements under (1) and (2) must be carried out for the duration of the lifetime of the authorised development, unless otherwise agreed in writing by the local planning authority. (4) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan. (5) The LEMP submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. Implementation and maintenance of landscaping 11 (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 10 (landscape and ecological management plan), and in accordance with the relevant recommendations of the appropriate British Standards. (2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the reasonable opinion of the local planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted. Public rights of way management plan 12 (1) No phase of the authorised development may commence and no decommissioning will be undertaken until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the rights of way and access plans for that phase has been submitted to and approved by the local planning authority in consultation with the relevant highway authority. (2) The plan must include details of— (a) measures to minimise the length of any sections of public rights of way to be temporarily closed; and (b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed. (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the local planning authority, in consultation with the highway authority. Fencing and other means of enclosure 13 (1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the local planning authority as part of the detailed design approval required by requirement 3 (detailed design approval). (2) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development. (3) Any temporary fencing must be removed on completion of the relevant work. (4) Any approved permanent fencing must be completed before completion of the authorised development. Archaeology 14 (1) No phase within the authorised development may commence until a written scheme of investigation, substantially in accordance with the outline archaeological mitigation strategy, within that phase has been submitted to and approved by the local planning authority. (2) Any archaeological works or programme of archaeological investigation carried out under the approved written scheme for investigation must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute. (3) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the approved scheme. Requirement for written approval 15 Where the approval, agreement or confirmation of the Secretary of State, local planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing. Amendments to approved details 16 (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the local planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the local planning authority in accordance with sub-paragraph (2). (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the local planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effect from those assessed in the environmental statement. (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the local planning authority. Consultation 17 Where the local planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such other person or body prior to making an application to discharge the requirement. Hydrogeological Risk Assessment 18 No phase of the authorised development which requires horizontal direct drilling or any other trenchless utility installation methods may commence until a hydrogeological risk assessment , the scope of which will be agreed in consultation with the Environment Agency, has been submitted to and approved by the local planning authority in consultation with the Environment Agency. Foundation Works 19 (1) No phase of the authorised development is to commence until method statements for all foundation works which may impact the principal and/or secondary A aquifers present on the site, and a foundation works risk assessment for such works within zone 1 (inner) of a groundwater source protection zone, have been submitted to and approved in writing by the local planning authority in consultation with the Environment Agency. (2) The method statements must include details of the proposed foundation construction methodology, including measures to minimise the potential for detrimental impact on groundwater quality to result from the stated activity. (3) The foundation works risk assessment must include— (a) options for the proposed piling method at each location where piling is proposed; and (b) for each piling method option at each location, mitigation measures to minimise detrimental impact on underlying groundwater resources. (4) The authorised development must be carried out in accordance with the approved method statements and, where relevant, the approved risk assessment. Glint and Glare Mitigation Strategy 20 (1) No phase of the authorised development may commence until a Glint and Glare Mitigation Strategy for that phase has been submitted to and approved by the local planning authority in consultation with Burn Gliding Club. (2) The Glint and Glare Mitigation Strategy shall be provided to Burn Gliding Club at the same time as it is submitted to the local planning authority. (3) The Glint and Glare Mitigation Strategy shall be implemented as approved. Flood Management Strategy 21 (1) Prior to the commencement of Work No. 2 and Work No. 3 a flood management strategy must be submitted to and approved by the local planning authority in consultation with the Environment Agency. (2) The flood management strategy submitted for approval must be in accordance with the flood risk assessment and include— (a) details of the design of a suitable flood defence bund to provide protection works relating to Work No. 2 and Work No. 3 of the authorised development to ensure resilience to the design flood event with an allowance for climate change for the 2080s epoch as assessed by the approved site specific flood model referenced in the flood risk assessment over the lifetime of the authorised development to include the decommissioning phase; (b) details of the design of a suitable ‘level for level’ and ‘volume for volume’ floodplain compensation scheme to mitigate the effect of the flood defence bund over the operational and decommissioning phases of the authorised development based on the scheme established in the flood risk assessment and informed by the approved site-specific flood model referenced in the flood risk assessment so as not to increase flood risk elsewhere; and (c) details of the delivery and ongoing maintenance of the flood defence bund and floodplain compensation scheme over the lifetime of the development to include the operational and decommissioning phases. (3) The flood management strategy must be implemented as approved. Supply Chain, Employment and Skills Plan 22 (1) No phase of the authorised development may commence until a supply chain, employment and skills plan in relation to that phase has been submitted to and approved by the local planning authority. (2) The supply chain, employment and skills plan submitted under sub-paragraph (1) must be in accordance with the outline skills, supply chain and employment plan. (3) The supply chain, employment and skills plan must be implemented as approved. Operational Noise 23 (1) No part of Work Nos. 1, 2 or 3 shall come into operation until an operational noise assessment has been submitted to and approved in writing by the Local Planning Authority. The assessment shall— (a) be based on the final specification and layout of plant and equipment; (b) demonstrate compliance with the rating levels set out in paragraph (3); and (c) identify any mitigation measures required to achieve compliance. (2) The development shall be operated in accordance with the approved assessment and any mitigation measures therein, which shall be implemented prior to operation and maintained for the lifetime of the development. (3) The rating level (LAr) of noise from the operation of the authorised development shall not exceed— (a) 40 dB LAr for any fifteen-minute period between 23:00 and 07:00; and (b) 50 dB LAr for any one-hour period between 07:00 and 23:00, determined one metre free-field external to any window or door of any existing permanent residential premises using the definitions and methods described in BS4142:2014+A1:2019. (4) In the event that substantiated noise complaints are received following commencement of operation, the operator shall, upon request, submit a noise impact assessment to the Local Planning Authority for approval. The assessment shall— (a) Include attended measurements at or near the affected receptor(s); (b) Include comparison with predicted noise levels and BS4142 assessment; (c) Identify whether the operational noise is resulting in adverse impacts; and (d) Where necessary, include details of mitigation measures and a timetable for implementation. (5) Any approved mitigation shall be implemented in accordance with the agreed timetable and shall remain in place for the lifetime of the development. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation 24 In this Part of this Schedule, “discharging authority” means— (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974. Applications made under requirements 25 (1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of 8 weeks, or such longer period as may be agreed in writing by the undertaker and the discharging authority, beginning with the later of— (a) the day immediately following that on which the application is received by the discharging authority; or (b) where further information is requested under paragraph 25, the day immediately following that on which the further information has been supplied by the undertaker. (2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may subject to paragraphs 4 and 6— (a) give or refuse its consent, agreement or approval; or (b) give its consent, agreement or approval subject to reasonable conditions, and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision. (3) In the event the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. (4) Any application made to the discharging authority pursuant to sub-paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are. (5) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement included in this Order and the discharging authority does not determine the application within the period set out in sub-paragraph (1) and the application is accompanied by a report pursuant to sub-paragraph (3) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period. (6) Any applications made to the discharging authority pursuant to sub-paragraph (1) must include a statement confirming whether it is likely that the subject matter of the application, including any mitigation measures, will give rise to a change in the conclusions of the Secretary of State’s habitats regulations assessment and if it will then it must be accompanied by information setting out what those changes are. (7) Where an application has been made to the discharging authority for any consent agreement or approval requirement by a requirement included in this Order and the discharging authority does not determine that application within the period set out in sub-paragraph (1) and is accompanied by a report pursuant to sub-paragraph (5) which states that the subject matter of such application, including any mitigation measures, will give rise to a change in the conclusions of the Secretary of State’s habitats regulations assessment then the application is to be taken to have been refused by the discharging authority at the end of that period. Further information regarding requirements 26 (1) In relation to any application referred to in paragraph 25, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 28 days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within 14 days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within 14 days of receipt of such a request. (4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker. Appeals 27 (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that— (a) the discharging authority refuses an application for any consent, agreement or approval required by— (i) a requirement contained in Part 1 of this Schedule; or (ii) a document referred to in any requirement contained in Part 1 of this Schedule; (b) the discharging authority grants such an application subject to conditions; (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974; (d) on receipt of a request for further information pursuant to paragraph 26 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or (e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application. (2) The appeal process is as follows— (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 25(1), giving rise to the appeal referred to in sub-paragraph (1); (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule; (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent; (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 14 days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person; (e) the applicant must make any counter-submissions to the appointed person within 14 days of receipt of written representations pursuant to sub-paragraph (d) above; and (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under sub-paragraph (e). (3) The appointment of the appointed person pursuant to sub-paragraph 2(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 14 days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e). (6) On an appeal under this paragraph, the appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to the appointed person in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case. (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review. (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant. (12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it. Fees 28 (1) Where an application is made to the local planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 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 4 weeks of— (a) the application being rejected as invalidly made; or (b) the local planning authority failing to determine the application within ten weeks from the relevant date in paragraph 25(1) unless— (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the local planning authority and credited in respect of a future application; or (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 25(1) of this Schedule.