Darlington, Proposed Changes To Solar Farm Development Consent Order

NOTICE OF PROPOSED CHANGES TO AN ACCEPTED DEVELOPMENT CONSENT ORDER –

THE INFRASTRUCTURE PLANNING (COMPULSORY ACQUISITION) REGULATIONS 2010

Byers Gill Solar Development Consent Order

NOTICE OF CHANGE APPLICATION

An application for development consent order (the “DCO application”) under Section 37 of the Planning Act 2008 was submitted by RWE Renewables UK Solar and Storage Limited, Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB (the “Applicant”) to the Secretary of State for Energy Security and Net Zero (the “Planning Inspectorate”) on 8 February 2024 and was accepted on 8 March 2024. The reference number applied to the DCO application is EN010139.

Notice is hereby given that the Planning Inspectorate has accepted an application made by the Applicant to amend the DCO application as submitted, including changes to the areas of land which would be subject to compulsory acquisition (the “Change Application”).

SUMMARY OF THE DCO APPLICATION

Byers Gill Solar consists of a solar farm capable of generating over 500MW Alternating Current (AC) of electricity with co-located battery energy storage system (“BESS”), located between Darlington and Stockton-on-Tees in north-east England (the “Proposed Development”). The Proposed Development is approximately 490ha and comprises six main panel areas (groups of solar photovoltaic (PV) panels) (Panel Areas A-F). The solar PV panels would be mounted on metal frame in groups, fixed in position with panels facing south. An on-site substation would be located within Panel Area E.

The Proposed Development includes up to 32.5km of 33kilovolt (kV) underground cabling between the Panel Areas and the on-site substation, as well as approximately 10km of 132kV underground cable to connect the Proposed Development to the grid connection at the existing Norton substation (located to the northwest of Stockton-on-Tees). This cabling could be placed either within roads or through off-road options.

A range of supporting infrastructure is required for the Proposed Development, comprising: BESS; transformers and inverters; storage containers to hold this equipment; and security measures such as fencing, CCTV and lighting.

More information on the Proposed Development can be viewed on the Planning Inspectorate’s National Infrastructure website at the following address:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010139/documents

The DCO application is for EIA development as defined under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.

The DCO, if granted, would enable the acquisition of new rights over land and contain powers for the possession and use of land on a temporary basis to facilitate the construction of the Proposed Development.

THE CHANGE APPLICATION

The Applicant submitted a Notification to the Applicant’s intention to submit the Change Application on 27 September 2024 (the “Notification of Change Letter”) providing details and background of the changes to the proposed changes. This Notification letter enabled the Planning Inspectorate to publish the Change Application in accordance with the spirit of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, although the Regulations do not apply to the Change Application.

The Examining Authority confirmed in its response to the Notification Letter on 11 October 2024, that the Applicant’s proposed consultation was appropriate and proportionate [PD-007].

The proposed changes to the Proposed Development are a result of engagement between the Applicant and the Planning Authority during the Examination and as a result of ongoing engagement between the Applicant and Interested Parties and the Applicant and the landowner of High House Lane during Examination.

The Change Application and supporting documents were submitted to the Planning Inspectorate on 16 October 2024 and have been accepted into Examination on 1 November 2024.

SUMMARY OF THE PROPOSED CHANGES

The Applicant is seeking two changes, Change 1 (acquisition of new rights over subsoil interests) and Change 2 (High House Lane). A summary of the changes is set out below. Each change set is also reflected in an updated version of the Proposed Development Plans forming part of the Change Application as follows:

1. Change 1: To enable subsoil acquisition for Highway Plots, also provided under the Applicant’s website:

   https://byersgillsolarfarm.co.uk/documents/

A table of the highways plots is included in the Applicant’s supporting documents.

Table 1 - Highway plots affected by Change 1

Change 2: High House Lane

Change 2 comprises a minor extension to the Order Limits and Work No.3 within Panel Area A to include a section of an existing private access track known as High House Lane. The location and extent of the change to the Order Limits is shown in the Statement of Purpose and in the Land Plans (CR1-005) submitted as part of the Change Application documents.

The need for Change 2 has been identified as a result of ongoing engagement with Interested Parties and the landowner of High House Lane during Examination of the DCO application.

The purpose of Change 2 is to ensure that the Applicant has all necessary authorization for the Applicant’s proposals to carry out temporary works to that section of High House Lane for use as a construction access. The existing access track and any structures in the Order Limits is currently an earth track and it is proposed to surface this section of the access track with crushed rock or gravel.

No other works within the section of High House Lane subject to Change 2 are proposed and Change 2 will not grant the Applicant any additional compulsory acquisition powers.

COPIES OF APPLICATION DOCUMENTS

Copies of the Change Application and supporting documents submitted with the Change Application (including the amended Land Plans, amended Statement of Reasons, amended Book of Reference, amended Draft Development Consent Order, Explanatory Memorandum, and Summary Report) (together, the “Change Application Documents”) can be inspected free of charge and/or online on the Byers Gill Solar page of the Planning Inspectorate’s National Infrastructure Planning website under the Documents tab:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010139/documents

A Statement of Purpose, a non-technical summary of the proposed changes, is provided on the Applicant’s website, alongside copies of the Change Application Documents:

https://byersgillsolarfarm.co.uk/documents/

The Change Application Documents listed above will be available on the above websites until at least 16 December 2024.

An electronic copy of the Change Application Documents can also be provided free of charge on a USB memory stick, upon request. To request a USB, please contact the Applicant using the contact details provided below. All Change Application Documents are available for public inspection at the following places and times:

*Please note that opening hours are subject to change. Please check and confirm opening times with the venue if visiting.

The full suite of Change Application Documents can be made available in hard copy format on request to the Applicant at a cost of £145 per copy. For any bespoke or hard copy document requests for volume printing, large print, audio or Braille formats please also contact the Applicant using the contact details below, who will arrange for these copies. Copies of individual documents are also available on request and a reasonable copying charge may apply.

Applicant’s contact details

Anyone with any queries about the Change Application or who wish to request copies of the Change Application Documents on a USB, you can email: enquiries@byersgillsolarfarm.com, write to FREEPOST Byers Gill Solar, or contact the Applicant by telephone on 0800 197 0118.

MAKING A REPRESENTATION ON PROPOSED CHANGE 1 (ACQUISITION OF NEW RIGHTS OVER SUBSOIL INTERESTS)

Under the Infrastructure Planning (Compulsory Acquisition) Regulations 2010, any person may submit a representation in writing to the Planning Inspectorate about the effects of the proposed change to the accepted DCO application, including any effects in respect of the environment, on qualifying persons with an interest in land affected by the accepted DCO application and their land interests.

To make a representation, a Registration and Relevant Representation Form is to be submitted to the Planning Inspectorate. Registration forms and relevant representations in respect of the Change Application should be submitted to the Planning Inspectorate either online through the relevant project page of the Planning Inspectorate’s National Infrastructure Planning website:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010139/

or by email:

Email: EN010139@planninginspectorate.gov.uk

Post: The Planning Inspectorate, National Infrastructure Directorate, Temple Quay House, Temple Quay, Bristol BS1 6PN.

Please note that all representations must be received by the Planning Inspectorate by 23:59 on 16 December 2024.

If you require guidance, or other methods to obtain and complete a copy of the Planning Inspectorate’s Registration and Relevant Representation Form, please contact the Planning Inspectorate by telephone 0303 444 5000 or email byersgillsolar@planninginspectorate.gov.uk.

Relevant Representations will be made public and will be subject to the Planning Inspectorate’s privacy policy at:

https://www.gov.uk/government/publications/planning-inspectorate-privacy-notices

RESPONDING TO THE CONSULTATION IN RESPECT OF CHANGE 2 (HIGH HOUSE LANE)

The Applicant is carrying out a consultation in respect of Change 2 during the representations period in respect of Change 1.

Anyone on wanting to respond to the consultation on Change 2 (including giving notice of any interest in the Change Application or the land affected by it, or making any comment on or objection to the Change Application) must do so in writing to either of the following:

• Email: enquiries@byersgillsolarfarm.com
• Freepost: FREEPOST Byers Gill Solar
• Byers Gill Solar Website: https://byersgillsolarfarm.co.uk/have-your-say/

Please note that responses to the consultation must be received by RWE Renewables UK Solar And Storage Limited no later than 23:59 on 16 December 2024.

The Applicant will consider and respond to all comments received. Responses will be summarised and responded to in the Change Application Consultation Report that will be submitted to the Planning Inspectorate for consideration as part of the Examination.

Copies of all responses will be submitted to the Planning Inspectorate with the Change Application Consultation Report and will be made public and will be subject to the Planning Inspectorate’s privacy policy as above.