East Riding of Yorkshire - Notice of Authorisation of Compulsory Acquisition

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008
THE EAST YORKSHIRE SOLAR FARM ORDER 2025
NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION

The above Order, made under the Planning Act 2008 by the Secretary of State for Energy Security and Net Zero and published on 9 May 2025 includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights over it and imposing restrictive covenants, as described in Schedule 1 and more particularly described in the Order.

The Order includes provision authorising the acquisition for the purpose of the construction, operation (including maintenance) and decommissioning of a solar photovoltaic (PV) electricity generating facility with a capacity exceeding 50 megawatts (MW) together with underground cabling to connect to the national electricity transmission network at National Grid’s Drax Substation, underground cabling between the areas of solar PV panels, areas of landscaping and biodiversity enhancement and other associated development (the Scheme) at a proposed site on land that lies within the administrative areas of East Riding of Yorkshire Council and North Yorkshire Council.

A copy of the Order has been deposited at the location listed below and may be inspected during the viewing times listed below:

Venue name and location - Opening times Howden Shire Hall, The Shire Hall Office, 11 Market Place, Howden, East Yorkshire, DN14 7BJ

Telephone: 01430 432510, Email: boxoffice@howdenshirehall.co.uk

A copy of the Order, together with copies of the Secretary of State’s decision letter, the Examining Authority’s report of its recommendations, the Statement of Reasons, the book of reference and the land plans (as defined in Article 2 of the Order) are available to view online through the Planning Inspectorate’s website: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010143/documents

A hard copy of the Order is also available on request, by contacting East Yorkshire Solar Farm Limited:

By Email: Eastyorkshiresolarfarm@boom-power.co.uk

A person aggrieved by the Order may challenge the Order only in accordance with section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review before the end of the period of 6 weeks beginning with the day after the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order is published).

Once the provision in the Order authorising compulsory acquisition comes into force, East Yorkshire Solar Farm Limited may acquire any of the land (including any existing rights and / or new rights or impose restrictive covenants) described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts 2 and 3 of that Act is set out in Schedule 2.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give East Yorkshire Solar Farm Limited information about the person’s name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3.

SCHEDULE 1
DESCRIPTION OF THE LAND, EXISTING RIGHTS AND THE NEW RIGHTS
The Order land (as defined in Article 2 of the Order) is shown on the land plans (as defined in Article 2 of the Order) and a short textual description of each numbered plot (as identified on the land plans) is included in the in the book of reference (as defined in Article 2 of the Order). This notice relates to so much of the Order land as is shown edged red and shaded pink (permanent acquisition of land), edged red and shaded blue (permanent acquisition of new rights) and edged red and shaded green (temporary possession of land).

In respect of the Order land, East Yorkshire Solar Farm Limited may acquire under the powers granted in the Order:

a) so much of the Order land as is specified by Article 20 (compulsory acquisition of land) of the Order for the authorised development (as defined in Article 2 of the Order), or to facilitate it, or as is incidental to it; and

b) such rights over the Order land, by creating them as well as by acquiring rights already in existence, and impose restrictions affecting part of the Order land, as is authorised by Article 22 (compulsory acquisition of rights) of the Order; and

c) so much of, or such rights in, the subsoil of the Order land as is authorised by Article 25 (acquisition of subsoil only) of the Order.

The new rights to be created and restrictions to be imposed relate to:

1) Rights required for the construction, operation, maintenance and decommissioning of the authorised development;

2) Rights of access and rights to construct, improve and use new and existing accesses;

3) Rights required for the construction, operation and maintenance of services and drains;

4) Rights to install and maintain landscaping and ecological measures;

5) Rights to install and maintain boundary treatment and security infrastructure;

6) Rights to install and maintain electrical underground cables; and

7) Imposition of restrictions as is necessary in order to prevent the obstruction, interruption or interference of the exercise of the rights.

In respect of the Order land, the Order includes powers to suspend or extinguish any private rights that would be inconsistent with the exercise of the powers under the Order, subject to the terms of Article 23 of the Order.

East Yorkshire Solar Farm Limited may temporarily use the Order land (including so much of the Order land as is shown edged red and shaded pink, shaded blue and shaded green) to carry out the authorised development (as defined in Article 2 of the Order) pursuant to Article 29 of the Order and may temporarily use the Order land to maintain the authorised development pursuant to Article 30 of the Order.

SCHEDULE 2
STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1. Once the provision in the East Yorkshire Solar Farm Order 2025 which authorises compulsory acquisition comes into force, East Yorkshire Solar Farm Limited may acquire any of the land and may acquire new rights and existing rights and/or impose restrictive covenants over any of the land described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (“the Act”). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land, new rights, existing rights and/or restrictive covenants over land in East Yorkshire Solar Farm Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after East Yorkshire Solar Farm Limited executes a general vesting declaration, it must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives it information relating to the land in pursuance of the invitation contained in the notice of the authorisation of the compulsory acquisition. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in East Yorkshire Solar Farm Limited together with the right to enter on the land and take possession of it. Every person on whom East Yorkshire Solar Farm Limited could have served a notice to treat in respect of his interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The “vesting date” for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 (Counter- Notice Requiring Purchase of Land Not in General Vesting Declaration) to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

Modifications with respect to certain tenancies

4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a “minor tenancy”, i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or “a long tenancy which is about to expire”. The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him/her to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that East Yorkshire Solar Farm Limited may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3
FORM FOR GIVING INFORMATION
THE EAST YORKSHIRE SOLAR FARM ORDER 2025

To: East Yorkshire Solar Farm Limited

FAO: Helen Standing
Email: Eastyorkshiresolarfarm@boom-power.co.uk

Reference [plot number(s) and address of land/property]
[I] [We] (delete as applicable) being [a person] [persons] (delete as applicable) who, if a general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] (delete as applicable) that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.

1. Name and address of informant(s) (see explanatory note (i) below)

2. Land in which an interest is held by informant(s) (see explanatory note (ii) below)

3. Nature of interest (see explanatory note (iii) below)

Signed………….

[on behalf of] ………

Date……

(i) In the case of a joint interest insert the names and addresses of all the informants.

(ii) The land should be described concisely.

(iii) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society and roll number.

Signed: Helen Standing

For and on behalf of East Yorkshire Solar Farm Limited

Date: 17 September 2025

East Yorkshire Solar Farm Limited, its subsidiaries and service providers will process your personal information for the purpose of implementing The East Yorkshire Solar Farm Order 2025, including its compulsory acquisition powers, and to comply with related government guidelines. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data and protection legislation.

To find out more about how East Yorkshire Solar Farm Limited handles personal data please visit: https://www.boom-power.co.uk/privacy-policy/