The Byers Gill Solar Order 2025

SCHEDULE 2 REQUIREMENTS

Article 42 PART 1 REQUIREMENTS Time limits 1 The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force. Phases of authorised development and date of final commissioning 2 (1) The authorised development may not be commenced until a written scheme setting out the proposed phases of construction of the authorised development has been submitted to and approved by the relevant planning authority. (2) The scheme must be implemented as approved. (3) Notice of the date of final commissioning in respect of the first phase of Work No. 1 must be given to the relevant planning authority within 15 working days of the date of final commissioning for that phase. (4) Nothing shall prevent the undertaker and the relevant planning authority agreeing from time to time to amend the written scheme setting out the proposed phases of construction. (5) The agreed written scheme may contain flexibility and optioneering for different proposed phases of construction provided that the undertaker notifies the relevant planning authority of the final intended phasing prior to commencement. Detailed design approval 3 (1) No phase of the authorised development may commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; (g) refuse or other storage units, signs and lighting; (h) drainage, water, power and communications cables and pipelines; (i) programme for landscaping works; (j) security measures; (k) fencing; and (l) any mitigation measures necessary to address noise impacts relating to that phase have been submitted to and approved in writing by the relevant planning authority. (2) The details submitted must accord with— (a) the location plan and order limits; (b) the works plans; (c) the environmental masterplan; (d) the outline LEMP; (e) the principles and assessments set out in the environmental statement; and (f) the design approach document, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement 19. (3) The authorised development must be carried out in accordance with the approved details. Construction environmental management plans (CEMP) 4 (1) No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the relevant planning authority, such approval to be in consultation with the Environment Agency and Natural England. Any CEMP submitted for approval must be in accordance with the outline CEMP and any approved CEMP must be adhered to for the duration of the works in the phase of the authorised development to which the CEMP relates. (2) The CEMP for each phase of the authorised development must provide details of— (a) community liaison; (b) complaints procedures; (c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration); (d) construction dust assessment; (e) arboricultural impact assessment; (f) site waste and materials management measures; (g) pollution control measures to prevent the introduction of any hazardous substances; (h) security measures and use of artificial lighting; (i) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction; and (j) details of out of hours working procedures. Decommissioning and restoration 5 (1) No later than six months prior to the date the undertaker intends to decommission any part of the solar farm works and grid connection works, the undertaker must submit to the relevant planning authority for that part for approval, in consultation with the Environment Agency, a decommissioning environmental management plan, a decommissioning traffic management plan and site waste management plan. Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1 as notified by the undertaker pursuant to requirement 2 (phasing of the authorised development and date of final commissioning). (2) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning environmental management plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph. (3) Pursuant to paragraph (1), the plans submitted and approved must be substantially in accordance with the relevant part of the outline DEMP. (4) The decommissioning environmental management plan submitted and approved must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials. (5) No decommissioning works must be carried out until the relevant planning authority approves, in consultation with the Environment Agency and the relevant highway authority for the highway(s) to which the relevant decommissioning traffic management plan relates, the plans submitted in relation to such works. The plans must be implemented as approved. (6) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. (7) In this Part of this Schedule – (a) “solar farm works” means that part of the authorised development identified in Work No. 1, Work No.2, Work No.3 (but excluding Work No.3(b)) and Work No.4; and (b) “grid connection works” means that part of the authorised development identified in Work No.3(b) and Work No.5. Construction traffic management plan (CTMP) 6 (1) No phase of the authorised development is to be commenced until a CTMP covering that phase and in accordance with the outline CTMP for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority and National Highways for the highway(s) to which the CTMP for that phase relates. (2) The CTMP must be implemented as approved. Pollution and Spillage 7 (1) No phase of the authorised development is to be commenced until a pollution and spillage response plan covering that phase and in accordance with the outline pollution and spillage response plan for that phase has been submitted to and approved by the relevant planning authority to which the pollution and spillage response plan for that phase relates. (2) The pollution and spillage response plan must be implemented as approved. Materials Management 8 (1) No phase of the authorised development is to be commenced until a materials management plan covering that phase and in accordance with the outline materials management plan for that phase has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency. (2) The materials management plan must be implemented as approved. Site Waste 9 (1) No phase of the authorised development is to be commenced until a site waste management plan covering that phase and in accordance with the outline site waste management plan for that phase has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency. (2) The site waste management plan must be implemented as approved. Soil Management 10 (1) No phase of the authorised development may commence until a soil resource management plan (which must be substantially in accordance with the outline soil resource management plan as relevant to construction activities) for that phase has been submitted to and approved by the relevant planning authority in consultation with Natural England. (2) All construction works associated with the authorised development must be carried out in accordance with the approved soil resource management plan. (3) Prior to the date of final commissioning for any phase of the authorised development, a soil resource management plan (which must be substantially in accordance with the outline soil resource management plan as relevant to operational activities) for that phase must be submitted to and approved by the relevant planning authority for that phase. (4) The operation of the authorised development must be carried out in accordance with the soil resource management plan approved pursuant to paragraph (3) and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (5) Prior to the start of any decommissioning works for any phase of the authorised development, a soil resource management plan (which must be substantially in accordance with the outline soil resource management plan as relevant to decommissioning activities) for that phase must be submitted to and approved by the relevant planning authority for that phase. (6) The decommissioning of the authorised development must be carried out in accordance with the approved soil resource management plan. Battery safety management 11 (1) Prior to the commencement of Work No. 2 as notified to the relevant planning authority by the undertaker pursuant to requirement 2 (phases of the authorised development and date of final commissioning) a battery fire safety management plan must be submitted to and approved by the relevant planning authority in consultation with the County Durham and Darlington Fire and Rescue Service and the Environment Agency. (2) The submitted battery fire safety management plan must either accord with the outline battery fire safety management plan or detail such changes as the undertaker considers are required. (3) In the event that the submitted battery fire safety management plan proposes changes to the outline battery fire safety management plan the relevant planning authority must consult with the County Durham and Darlington Fire and Rescue Service and Environment Agency for approval of the battery fire safety management plan. (4) The battery safety management plan must be implemented as approved and maintained throughout the construction, operation and decommissioning of the authorised development. Landscape and ecological management plan (LEMP) 12 (1) No phase of the authorised development is to be commenced until a LEMP covering that phase which accords with the outline LEMP has been submitted to and approved by the relevant planning authority. (2) The LEMP must include details relevant for the phase of works in relation to — (a) the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stage of the authorised development; (b) habitat creation, including all new native hedgerow planting, replanting of any breaks (gaps) in excess of one metre in existing native hedgerows within the Order limits adjacent to the footpath and sowing of wildflower seed along the margins between the footpath and the hedgerow/security fence boundaries; (c) ongoing management including seasonal grazing regime and other measures including the annual review of the need for any additional mitigation planning work, during the lifetime of the authorised development; (d) how the landscaping and ecology measures will be managed, maintained, and monitored during the operational life of the authorised development to the date on which the decommissioning and restoration plan is implemented pursuant to requirement 5 (decommissioning and restoration); (e) a timetable for the landscape management of the land within the Order limits during the lifetime of the authorised development; (f) landscaping details; (g) how a minimum of 80% biodiversity net gain in habitat units and a minimum of 100% biodiversity net gain in hedgerow units, calculated using a biodiversity metric approved by the local planning authority in consultation with the relevant statutory nature conservation body, for all of the authorised development during the operation of the authorised development will be achieved; and (h) adaptive management measures to be taken where landscape features and/or habitats fail to establish or reach their intended condition, with details of the criteria to be used to trigger any alternative and/or adaptive management. (3) The LEMP must be implemented as approved. Implementation and maintenance of landscaping 13 (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 12 (landscape and ecological management plan), and in accordance with the relevant recommendations of appropriate British Standards. (2) Any tree or shrub planted or used as part of an approved landscaping management scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted. Public rights of way diversions 14 (1) No phase of the authorised development is to be commenced and no decommissioning will be undertaken until a public rights of way management plan substantially in accordance with the outline public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the rights of way and access plans for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority. (2) The plan must include details of— (a) measures to minimise the length of any sections of public rights of way to be temporarily closed; and (b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed. (3) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the relevant highway authority. Construction hours 15 (1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of— (a) 08:00 to 18:00 Monday to Friday; and (b) 08:00 to 13:00 on Saturday. (2) With no activity on Sundays or bank holidays. (3) The following works are permitted outside the hours referred to in sub-paragraph (1)— (a) emergency works; and (b) works which do not cause noise that is audible at the boundary of the Order limits. (4) Any emergency works carried out under sub-paragraph (3)(a) must be notified to the relevant planning authority within 72 hours of their commencement. Construction noise 16 (1) The construction noise management scheme referred to in the outline CEMP must include details of measures to control noise as set out in the outline CEMP and must, in addition, include details of— (a) steps to be taken to ensure compliance with BS 5228; (b) limitations on the duration of any moderate adverse effects from construction noise, in line with the predicted durations set out in the Environmental Statement; and (c) construction noise monitoring measures to enable the identification of adverse effects and any appropriate mitigation. (2) The authorised development must be carried out in accordance with the construction noise management scheme as approved in the CEMP. Fencing and other means of enclosure 17 (1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the relevant planning authority as part of the detailed design approval required by requirement 3(1) (detailed design approval). (2) For the purposes of paragraph (1), “commence” includes any site preparation works. (3) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development. (4) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used. (5) Any approved permanent fencing must be completed before completion of the authorised development. Archaeology 18 (1) The authorised development must be implemented in accordance with the archaeological mitigation strategy. (2) No phase within the authorised development is to be commenced until a written scheme of investigation, substantially in accordance with the outline archaeological management strategy, within that phase has been submitted to and approved by the relevant planning authority. (3) For the purposes of paragraph (2), the outline archaeological management strategy must include measures for unexpected archaeological discoveries, areas with no known archaeology and the archaeological watching brief. (4) For the purposes of paragraph (2), “commence” includes any site preparation works. (5) Any archaeological works or programme of archaeological investigation carried out under the approved written scheme for investigation must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute. (6) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the approved scheme. Surface and foul water drainage 19 (1) No phase of the authorised development is to be commenced until written details of the surface and foul water drainage scheme for that phase have been submitted to and approved by the local planning authority in consultation with the Environment Agency. (2) The details submitted under sub-paragraph (1) must include: (a) the plans and strategies referred to in Appendix 10.1 flood risk assessment and drainage strategy of the environmental statement (document reference 6.4.10.1 Revision 6); and (b) details of how flood risk will be managed during construction and operation in areas of increased flood risk, with reference to the Environment Agency’s latest Flood Map for Planning. (3) The surface and foul water drainage system for the relevant part of the authorised development must be constructed in accordance with the approved details. (4) For the purposes of paragraph (1), “commence” includes any site preparation works. Requirement for written approval 20 Where the approval, agreement or confirmation of the Secretary of State, relevant planning authority or another person is required under a requirement that approval or confirmation must be given in writing. Amendments to approved details 21 (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the relevant planning authority in accordance with sub-paragraph (2). (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the relevant planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effect from those assessed in the environmental statement. (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority. Consultation 22 Where the relevant planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such person or body prior to making an application to discharge the requirement. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation 23 In this Part of this Schedule, “discharging authority” means— (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”. Applications made under requirements 24 (1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with the later of— (a) the day immediately following that on which the application is received by the discharging authority; or (b) where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the discharging authority. (2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, the discharging authority may— (a) give or refuse its consent, agreement or approval; or (b) give its consent, agreement or approval subject to reasonable conditions, and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision. (3) Subject to paragraphs (4) and (5), in the event the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. (4) Any application made to the discharging authority pursuant to paragraph ‎(1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are. (5) Where an application has been made to the discharging authority pursuant to paragraph (1) and the discharging authority does not determine the application within the period set out in paragraph ‎(1) and the application is accompanied by a report pursuant to paragraph ‎(4) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period. Further information regarding requirements 25 (1) In relation to any application referred to in paragraph 24, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 2 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement concerned contained in Part 2 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within ten business days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within ten business days of receipt of such a request. (4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker. Appeals 26 (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that— (a) the discharging authority refuses an application for any consent, agreement or approval required by— (i) a requirement contained in Part 2 of this Schedule; or (ii) a document referred to in any requirement contained in Part 1 of this Schedule; (b) the discharging authority grants such an application subject to conditions; (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act; (d) on receipt of a request for further information pursuant to paragraph 24 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or (e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application. (2) The appeal process is as follows— (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 23(1), giving rise to the appeal referred to in sub-paragraph (1); (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 2 of this Schedule; (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent; (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within twenty business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person; (e) the applicant must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-paragraph (d) above; and (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the ten day period for counter-submissions under sub-paragraph (e). (3) The appointment of the appointed person pursuant to paragraph 26(2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required pursuant to paragraph 26(4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in paragraphs 26(2)(c) to (e). (6) On an appeal under this paragraph, the appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to the appointed person in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case, and in the sole discretion of the appointed person, may take into account such written representations as have been sent outside of the relevant time limits. (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case. (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review. (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 2 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (11) Save where a direction is given pursuant to paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant. (12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it. Fees 27 (1) Where an application is made to the relevant planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (as may be amended or replaced from time to time) is to apply and must be paid to the relevant planning authority for each application. (2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of— (a) the application being rejected as invalidly made; or (b) the relevant planning authority failing to determine the application within ten weeks from the relevant date in paragraph 2(1) unless— (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 2(1) of this Schedule.