The East Yorkshire Solar Farm Order 2025
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SCHEDULE 2 REQUIREMENTS
Article 2 Interpretation 1 In this Schedule— “both relevant planning authorities” means East Riding of Yorkshire Council and North Yorkshire Council each being the relevant planning authority for part of the authorised development. Commencement of the authorised development 2 The authorised development must not be commenced after the expiration of five years from the date this Order comes into force. Approved details and amendments to them 3 (1) With respect to the documents certified under article 40 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or both relevant planning authorities (as applicable) for approval of any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or both relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or both relevant planning authorities (as applicable) 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) Where under any of the requirements the approval, agreement or confirmation of the relevant planning authority or both relevant planning authorities is required, that approval, agreement or confirmation must be provided in writing. (4) Within 14 days of the date of final commissioning the undertaker must serve written notice of the date of final commissioning on both relevant planning authorities. Community liaison group 4 (1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development. (2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference. (3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authorities. Detailed design approval 5 (1) No part of the authorised development may commence until details of— (a) layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; and (g) refuse or other storage units, signs and lighting. relating to that part have been submitted and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The details submitted must accord with the outline design principles statement. (3) The authorised development must be carried out in accordance with the approved details. Landscape and Ecological management plan 6 (1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England. (2) The landscape and ecological management plan must be substantially in accordance with the framework landscape and ecological management plan and must be implemented as approved. (3) For the purposes of sub-paragraph (1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of permitted preliminary works. Biodiversity net gain 7 (1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority for that part, in consultation with the relevant statutory nature conservation body. (2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 80.42% biodiversity net gain in area-based habitat units, a minimum of 10.30% biodiversity net gain in hedgerow units, and 10.09% biodiversity net gain in watercourse units for all of the authorised development during the operation of the authorised development, using the Department of Environment, Food and Rural Affairs’ 4.0 metric to calculate those percentages (or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body). (3) The biodiversity net gain strategy must be maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Fencing and other means of enclosure 8 (1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (3) For the purposes of requirement 8(1), “commence” includes any permitted preliminary works. (4) Any construction site must remain securely fenced in accordance with the approved details under requirement 11(1) at all times during construction of the authorised development. (5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used. (6) Any approved permanent fencing for a part of the authorised development must be completed before the date of final commissioning in respect of that part. Flood risk and surface and foul water drainage 9 (1) No part of the authorised development may commence until the undertaker has considered the most up to date Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency and if necessary, has updated the flood risk assessment, in consultation with the Environment Agency and the lead local flood authority. (2) The undertaker is required to carry out the authorised development in accordance with the latest flood risk assessment. (3) No part of the authorised development may commence until details of the surface water drainage strategy and (if any) foul water drainage system (including means of pollution control) for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, by both relevant planning authorities, and following consultation with the Environment Agency and the lead local flood authority where the surface water drainage strategy and/or foul water drainage system is affected by an updated version of the flood risk assessment. (4) The drainage strategy must be substantially in accordance with the framework surface water drainage strategy. (5) Any strategy approved pursuant to sub-paragraph (3) must be implemented as approved and maintained throughout the construction and operation of the authorised development. Archaeology 10 (1) No part of the authorised development may commence, and no part of the permitted preliminary works for that part comprising the intrusive archaeological surveys may start, until an overarching written scheme of investigation for that part has been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The written scheme of investigation must be substantially in accordance with the overarching written scheme of investigation and must be implemented as approved. Construction environmental management plan 11 (1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the construction environmental management plan is affected by an updated version of the flood risk assessment. (2) The construction environmental management plan must be substantially in accordance with the framework construction environmental management plan and must be implemented as approved. (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a site waste management plan that must be substantially in accordance with the framework site waste management plan and must be implemented as approved. Operational environmental management plan 12 (1) Prior to the date of final commissioning for any part, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the operational environmental management plan is affected by an updated version of the flood risk assessment. (2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must be implemented as approved. Construction traffic management plan 13 (1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant authorities. Such approval to be in consultation with Network Rail Infrastructure Limited, the relevant highway authority and National Highways Limited. (2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan and must be implemented as approved. Operational noise 14 (1) No part of Work No. 1 or Work No. 2 may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation 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 relevant planning authority for that part. (2) The mitigation measures described in the operational noise assessment for each part of the authorised development must be implemented as approved. Soil management plan 15 (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 relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The soils management plan must be substantially in accordance with the framework soil management plan and must be implemented as approved. Skills, supply chain and employment 16 (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The skills, supply chain and employment plan must by substantially in accordance with the framework skills, supply chain and employment plan and must be implemented as approved. (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment, skills and supply chain opportunities associated with that part of the authorised development, and the means for publicising such opportunities. Public rights of way 17 (1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with the relevant highway authority. (2) The public rights of way management plan must be substantially in accordance with the framework public rights of way management plan and must be implemented as approved. (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the relevant highway authority. Decommissioning and restoration 18 (1) No later than 12 months prior to the date that the undertaker intends to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council) for approval a decommissioning environmental management plan for that part. (2) Decommissioning must commence no later than 40 years following the date of final commissioning. (3) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the framework decommissioning environmental management plan and must be implemented as approved. (4) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.
SCHEDULE 2 REQUIREMENTS
Article 2 Interpretation 1 In this Schedule— “both relevant planning authorities” means East Riding of Yorkshire Council and North Yorkshire Council each being the relevant planning authority for part of the authorised development. Commencement of the authorised development 2 The authorised development must not be commenced after the expiration of five years from the date this Order comes into force. Approved details and amendments to them 3 (1) With respect to the documents certified under article 40 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or both relevant planning authorities (as applicable) for approval of any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or both relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or both relevant planning authorities (as applicable) 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) Where under any of the requirements the approval, agreement or confirmation of the relevant planning authority or both relevant planning authorities is required, that approval, agreement or confirmation must be provided in writing. (4) Within 14 days of the date of final commissioning the undertaker must serve written notice of the date of final commissioning on both relevant planning authorities. Community liaison group 4 (1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development. (2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference. (3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authorities. Detailed design approval 5 (1) No part of the authorised development may commence until details of— (a) layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; and (g) refuse or other storage units, signs and lighting. relating to that part have been submitted and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The details submitted must accord with the outline design principles statement. (3) The authorised development must be carried out in accordance with the approved details. Landscape and Ecological management plan 6 (1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England. (2) The landscape and ecological management plan must be substantially in accordance with the framework landscape and ecological management plan and must be implemented as approved. (3) For the purposes of sub-paragraph (1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of permitted preliminary works. Biodiversity net gain 7 (1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority for that part, in consultation with the relevant statutory nature conservation body. (2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 80.42% biodiversity net gain in area-based habitat units, a minimum of 10.30% biodiversity net gain in hedgerow units, and 10.09% biodiversity net gain in watercourse units for all of the authorised development during the operation of the authorised development, using the Department of Environment, Food and Rural Affairs’ 4.0 metric to calculate those percentages (or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body). (3) The biodiversity net gain strategy must be maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Fencing and other means of enclosure 8 (1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (3) For the purposes of requirement 8(1), “commence” includes any permitted preliminary works. (4) Any construction site must remain securely fenced in accordance with the approved details under requirement 11(1) at all times during construction of the authorised development. (5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used. (6) Any approved permanent fencing for a part of the authorised development must be completed before the date of final commissioning in respect of that part. Flood risk and surface and foul water drainage 9 (1) No part of the authorised development may commence until the undertaker has considered the most up to date Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency and if necessary, has updated the flood risk assessment, in consultation with the Environment Agency and the lead local flood authority. (2) The undertaker is required to carry out the authorised development in accordance with the latest flood risk assessment. (3) No part of the authorised development may commence until details of the surface water drainage strategy and (if any) foul water drainage system (including means of pollution control) for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, by both relevant planning authorities, and following consultation with the Environment Agency and the lead local flood authority where the surface water drainage strategy and/or foul water drainage system is affected by an updated version of the flood risk assessment. (4) The drainage strategy must be substantially in accordance with the framework surface water drainage strategy. (5) Any strategy approved pursuant to sub-paragraph (3) must be implemented as approved and maintained throughout the construction and operation of the authorised development. Archaeology 10 (1) No part of the authorised development may commence, and no part of the permitted preliminary works for that part comprising the intrusive archaeological surveys may start, until an overarching written scheme of investigation for that part has been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The written scheme of investigation must be substantially in accordance with the overarching written scheme of investigation and must be implemented as approved. Construction environmental management plan 11 (1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the construction environmental management plan is affected by an updated version of the flood risk assessment. (2) The construction environmental management plan must be substantially in accordance with the framework construction environmental management plan and must be implemented as approved. (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a site waste management plan that must be substantially in accordance with the framework site waste management plan and must be implemented as approved. Operational environmental management plan 12 (1) Prior to the date of final commissioning for any part, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with Natural England, as well as the Environment Agency and the lead local flood authority where the operational environmental management plan is affected by an updated version of the flood risk assessment. (2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must be implemented as approved. Construction traffic management plan 13 (1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant authorities. Such approval to be in consultation with Network Rail Infrastructure Limited, the relevant highway authority and National Highways Limited. (2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan and must be implemented as approved. Operational noise 14 (1) No part of Work No. 1 or Work No. 2 may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation 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 relevant planning authority for that part. (2) The mitigation measures described in the operational noise assessment for each part of the authorised development must be implemented as approved. Soil management plan 15 (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 relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The soils management plan must be substantially in accordance with the framework soil management plan and must be implemented as approved. Skills, supply chain and employment 16 (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. (2) The skills, supply chain and employment plan must by substantially in accordance with the framework skills, supply chain and employment plan and must be implemented as approved. (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment, skills and supply chain opportunities associated with that part of the authorised development, and the means for publicising such opportunities. Public rights of way 17 (1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council, both relevant planning authorities. Such approval to be in consultation with the relevant highway authority. (2) The public rights of way management plan must be substantially in accordance with the framework public rights of way management plan and must be implemented as approved. (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the relevant highway authority. Decommissioning and restoration 18 (1) No later than 12 months prior to the date that the undertaker intends to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both East Riding of Yorkshire Council and North Yorkshire Council) for approval a decommissioning environmental management plan for that part. (2) Decommissioning must commence no later than 40 years following the date of final commissioning. (3) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the framework decommissioning environmental management plan and must be implemented as approved. (4) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.
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