Byers Gill Solar, Land Acquisition For Solar Energy Development

NOTICE OF COMPULSORY ACQUISITION

UNDER SECTION 134(7) OF THE PLANNING ACT 2008

THE BYERS GILL SOLAR ORDER 2025

For the attention of persons occupying or having an interest in the land described below,

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 23 July 2025, includes provision authorising the compulsory acquisition of land, existing rights over land, and of rights over land by creating new rights as described in Schedule 1.

The Order includes provision authorising the acquisition for the purpose of the construction, operation and decommissioning of Byers Gill Solar (the “Proposed Development”) which comprises ground mounted solar photovoltaic (PV) panel arrays, battery energy storage systems (BESS), and supporting infrastructure, with a generating capacity exceeding 50 megawatts (MW). The Proposed Development is located in the north-east of England, within the boundaries of Stockton-on-Tees Borough Council, Darlington Borough Council and Durham County Council.

A copy of the Order has been deposited at the following locations and may be inspected at all reasonable hours:

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

A copy of the Order, together with copies of the Secretary of State’s Decision Letter and the Examining Authority’s Recommendation Report, are also available to view online in the ‘Documents’ section of the Planning Inspectorate’s website:

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

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 was published).

Once the provision in the Order authorising compulsory acquisition comes into force RWE Renewables UK Solar and Storage Limited may acquire any of the land (including any existing rights and/or new rights) 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 RWE Renewables UK Solar and Storage 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 and should be returned to Ardent Management, who are acting on behalf of RWE Renewables UK Solar and Storage Limited, at:

Address: Ardent, 36–38 Botolph Lane, London, EC3R 8DE

Email: enquiries@byersgillsolar.com

Telephone: 0808 1697 018

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), described in the Book of Reference (as defined in Article 2 of the Order) and located within the administrative boundaries of Stockton-on-Tees Borough Council, Darlington Borough Council and Durham County Council. Copies of the Land Plans and the Book of Reference referred to in the Order are available at the Planning Inspectorate’s website, above.

This notice relates to so much of the Order land as shown on the land plans shaded blue (land to be used temporarily and new rights to be acquired permanently) (the “land subject to powers of compulsory acquisition”).

In respect of the land subject to powers of compulsory acquisition, the Order authorises RWE Renewables UK Solar and Storage Limited to:

(a) acquire so much of the Order land as is specified by Article 21 (compulsory acquisition of land) of the Order as is required for the authorised development (as defined in Article 2 of the Order), or to facilitate it, or as is incidental to it;

(b) acquire such rights over the Order land, by creating them as well as by acquiring rights already in existence, and impose restrictive covenants over the Order land, as is authorised by Article 23 (compulsory acquisition of rights) of the Order;

(c) extinguish existing private rights or restrictive covenants over land acquired, and extinguish existing rights or restrictive covenants insofar as their continuance is inconsistent with the exercise of a right acquired or compliance with a restrictive covenant imposed under the Order, as is authorised by Article 24 (private rights) of the Order; and

(d) acquire so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of Article 21 (compulsory acquisition of land) as may be required for any purpose for which land may be acquired under that provision instead of acquiring the whole of the land, as is authorised by Article 25 (acquisition of subsoil only).

The Order includes a power to override easements and other rights in accordance with Article 27 (power to override easements and other rights) of the Order where authorised activity takes place on land within the Order limits.

The purposes for which new rights may be acquired and restrictions may be imposed are described in Schedule 8 to the Order.

SCHEDULE 2

STATEMENT ON THE 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 Byers Gill Solar Order 2025 which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called RWE Renewables UK Solar and Storage Limited) may acquire any of the land (including any existing rights and/or new rights) 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 in RWE Renewables UK Solar and Storage Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

1. As soon as may be after RWE Renewables UK Solar and Storage Limited execute a general vesting declaration, they 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 them 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 RWE Renewables UK Solar and Storage Limited together with the right to enter on the land and take possession of it. Every person on whom RWE Renewables UK Solar and Storage 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.

1. The “vesting date” for any land specified in the 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 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

1. As to the case of certain tenancies, the position 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 tenancy for a term not exceeding a year. 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, any right to renew the tenancy or to terminate it is available to either party; it will be assumed that the landlord will take every opportunity to terminate the tenancy while the tenant will use every opportunity to renew it.

2. The modifications are that RWE Renewables UK Solar and Storage Limited may not exercise the power conferred by paragraph 1 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then every tenancy shall be deemed to be one falling within paragraph 4.

SCHEDULE 3

FORM FOR GIVING INFORMATION

THE BYERS GILL SOLAR ORDER 2025

To: Ardent, 36–38 Botolph Lane, London, EC3R 8DE

By email: enquiries@byersgillsolar.com

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)(za) of the Planning Act 2008.

1. Name and address of informant(s) (i) …………………………………

2. Land in which an interest is held by informant(s) (ii) …………………………………

3. Nature of interest (iii) …………………………………

Signed …………………………………

On behalf of …………………………………

Date …………………………………

Guidance notes on how to complete this form

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