The Dean Moor Solar Farm Order 2026

SCHEDULE 2 REQUIREMENTS

Article 3 PART 1 REQUIREMENTS Interpretation 1 In this Schedule— “archaeological mitigation strategy” means the document certified by the Secretary of State under article 39 as the archaeological mitigation strategy for the purposes of this Order; “CEMP” means the construction environmental management plan; “CTMP” means the construction traffic management plan; “design parameters document” means the document certified by the Secretary of State under article 39 as the design parameters document for the purposes of this Order; “DMP” means the decommissioning management plan; “framework DMP” means the document certified by the Secretary of State under article 39 as the framework decommissioning management plan for the purposes of this Order; “LEMP” means the landscape and ecological management plan; “LEP” means the landscape and ecology plan; “LSP” means the document certified by the Secretary of State under article 39 as the landscape strategy plan for the purposes of this Order; “OMP” means the operational management plan; “outline CEMP” means the document certified by the Secretary of State under article 39 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 39 as the outline construction traffic management plan for the purposes of this Order; “outline drainage strategy” means section 8 of the flood risk assessment and outline drainage strategy which forms part of the document certified by the Secretary of State under article 39 as the outline drainage strategy for the purposes of this Order; “outline LEMP” means the document certified by the Secretary of State under article 39 as the outline landscape and ecological management plan for the purposes of this Order; “outline OMP” means the document certified by the Secretary of State under article 39 as the outline operational management plan for the purposes of this Order; and “outline soil management plan” means the document certified by the Secretary of State under article 39 as the outline soil management plan for the purposes of this Order. Time limits 2 (1) The authorised development must commence no later than the expiration of five years beginning with the date that 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) drainage, water, power and communications cables and pipelines; and (g) vehicular and pedestrian access, parking and circulation areas, 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 unless it can be demonstrated to the satisfaction of the local planning authority that the subject matter of the approval sought would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. (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 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 Mining Remediation Authority, Environment Agency, and Natural England. (2) Any CEMP submitted must include a commitment to regularly share all relevant pre-construction, construction, and post-construction/operational survey and monitoring data in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national/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. (5) The plan submitted and approved pursuant to sub-paragraph (1) must include a site waste management plan that must be in accordance with the framework site waste management plan and must be implemented as approved. 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 the local highway authority and National Highways on matters relevant to their 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 CTMP approved for that part. Landscaping design 6 (1) No part of the authorised development containing landscaping mitigation may commence until a LEP which relates to that part has been submitted to and approved in writing by the local planning authority. (2) The LEP approved under sub-paragraph (1) must be in accordance with the principles set out in the LSP, and must include details of— (a) location, number, species mix, size and planting density of any proposed planting; and (b) existing vegetation to be retained. (3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards, other recognised codes of good practice and in line with the requirements of any environmental permit applicable to the works. (4) The authorised development must be constructed in accordance with the LEP approved under sub-paragraph (1) and thereafter maintained in accordance with the relevant LEMP for that part approved under paragraph 7. Landscape and ecological management plan 7 (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 Natural England. (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 60% for area habitat units, 20% for hedgerow units and 5% for watercourse units, calculated using the Department of Environment Food and Rural Affairs’ Statutory Biodiversity Metric (February 2024), or if this is withdrawn or replaced, a biodiversity metric approved by the local planning authority in consultation with the relevant statutory nature conservation body, will be delivered. (3) Any LEMP submitted must include a commitment to regularly share all relevant pre-construction, construction, and post-construction/operational survey and monitoring data in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national/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. Fencing and other means of enclosure 8 (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 approval details under sub-paragraphs (1) and (5) at all times during construction of the part of the authorised development for which it was 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. Surface water drainage strategy 9 (1) No part of the authorised development may commence until written details of the surface water drainage strategy (including means of pollution control) for that part have been submitted to and approved by the local planning authority following consultation by the undertaker with the lead relevant flood authority and the Environment Agency. (2) The written details under sub-paragraph (1) must be in accordance with the outline drainage strategy. (3) Any approved strategy must be implemented as approved. Archaeology 10 (1) No part of the authorised development may commence until a written scheme of investigation for the investigation of areas of archaeological interest within that part has been submitted to and approved by the local planning authority. (2) Any written scheme of investigation submitted for approval under sub-paragraph (1) must be in accordance with the archaeological mitigation 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 in the part of the authorised development to which the written scheme of investigation relates. (4) For the purposes of sub-paragraph (1) “commence” includes any intrusive archaeological surveys (including trenching). Soil management plan 11 (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 following consultation by the undertaker with Natural England and Mining Remediation 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. Operational management plan 12 (1) Prior to the date of final commissioning for any part of the authorised development, an OMP for that part must be submitted to and approved by the local planning authority. (2) Any OMP submitted for approval under sub-paragraph (1) must be in accordance with the outline OMP. (3) The operation of the authorised development must be carried out in accordance with the approved OMP for that part. Operational noise 13 (1) No part of Work No. 1 may be operational until a noise assessment demonstrating that Work No. 1 will not have a significant operational noise effect for that part has been submitted to and approved by the local planning authority. (2) The design as modelled in the noise assessment must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Decommissioning and restoration 14 (1) Unless otherwise agreed with the local planning authority no later than 6 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 approval a DMP for that part. (2) Decommissioning must commence no later than 40 years following the date of final commissioning. (3) Any DMP submitted and approved under sub-paragraph (1) must be in accordance with the framework DMP. (4) Any DMP submitted and approved under sub-paragraph (1) must be implemented as approved. (5) This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development. Requirement for written approval 15 Where under any of the requirements the approval, agreement or confirmation of the Secretary of State, local planning authority or another person is required, that approval, agreement or confirmation must be given in writing. Amendments to approved details 16 (1) The undertaker must submit any amendments to the approved documents 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 39 (certification of documents, etc) and any plans, details or schemes which have been approved pursuant to any requirement. Consultation 17 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 Secretary of State 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 18 (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 19 (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 sub-paragraph (3) to apply to any application for consent under sub-paragraph (1), the application must include a statement that the provisions of sub-paragraph (3) apply to that application. (5) If an application for consent under sub-paragraph (1) does not include the statement required under paragraph (4), then the provisions of sub-paragraph (3) will not apply to that application. Further information regarding requirements 19 (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 I of this Schedule specifies that a 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 20 (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 by a requirement included in 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 19, 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 19, the local planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker 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 date of the notice of the decision; (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 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 applicant 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 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 planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2024) or any circular or guidance which may from time to time replace it. Fees 21 (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 four weeks 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 18(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 under paragraph 18 of this Schedule.