The Byers Gill Solar (Correction) Order 2025
This Order officially rectifies specific textual errors and omissions discovered in the original Byers Gill Solar Order 2025, which granted development consent under the Planning Act 2008.
The Secretary of State for Energy Security and Net Zero made these corrections, detailed in a schedule, following a formal written request from the project applicant, ensuring the primary consent order is accurately recorded regarding technical provisions, article references, and details concerning public rights of way.
Arguments For
The correction ensures that the permissions granted under the original development consent order (DCO) accurately reflect the intentions of the decision-making body, maintaining legal certainty.
Implementation of corrections is legally necessary under Schedule 4 of the Planning Act 2008 following a valid request from the applicant, adhering to statutory procedure.
Correcting procedural cross-references (e.g., paragraph numbers, text substitution) prevents future misunderstandings or disputes regarding the scope and application of the DCO's specific requirements for site development and public rights of way.
Arguments Against
Frequent reliance on Schedule 4 correction powers suggests initial drafting or scrutiny processes were insufficient, potentially leading to delays or uncertainty in major infrastructure projects.
Correcting foundational documents after granting consent can create administrative burdens for local planning authorities who must reconcile the original legal instrument with the subsequent corrections.
The specific nature of the corrections, relating partially to public rights of way, may require re-engagement with affected landowners or rights holders, even if the primary goal is textual accuracy.
The Byers Gill Solar Order 2025 which granted development consent within the meaning of the Planning Act 2008 (“ the Act ”) contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act.
The original Byers Gill Solar Order 2025 granted necessary development consent for the project under the Planning Act 2008.
This consent order contained errors that are eligible for correction according to Paragraph 1 of Schedule 4 of that same Act.
In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period, the Secretary of State received a written request from the applicant for the correction of errors and omissions in the Byers Gill Order.
The applicant formally asked the Secretary of State in writing to fix the identified errors and omissions.
This action occurred within the statutory time window defined by the Planning Act 2008, satisfying the procedural requirement under Paragraph 1(5)(a) of Schedule 4.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed each relevant local planning authority for the area in which the land to which the Byers Gill Order relates is situated that the request has been received.
The Secretary of State notified every local planning authority where the land associated with the Byers Gill Order is located that the correction request had been formally submitted.
This notification followed the requirements set out in Paragraph 1(7) of Schedule 4.
The Secretary of State, in exercise of the powers conferred by paragraphs 1(4) and 1(8) of Schedule 4 to, the Act, makes the following Order:
Using authority granted by Paragraphs 1(4) and 1(8) of Schedule 4 of the Planning Act, the Secretary of State officially creates this corrective Order.
- Citation and commencement
This Order may be cited as the Byers Gill Solar (Correction) Order 2025 and comes into force on 27th October 2025.
The official name of this new legal instrument is the Byers Gill Solar (Correction) Order 2025.
It legally becomes effective starting on October 27, 2025.
- Corrections
The Byers Gill Order is corrected as set out in the table in the Schedule to this Order, where—
(a) column 1 sets out where the correction is to be made;
(b) column 2 sets out how the correction is to be made; and
(c) column 3 sets out the text which is to be substituted, inserted, or omitted.
The main Byers Gill Order is amended according to the details provided in the table located in the Schedule of this correcting Order.
Column 1 of the table specifies the exact location of the required change within the original Order.
Column 2 describes the action applied—whether text is replaced, added, or removed. Column 3 presents the precise new text that must replace the old text, be inserted, or be noted as omitted.
This continues the explanation of the table structure.
The specifics of implementation are clearly laid out across the three columns to guide the precise amendment of the underlying Development Consent Order.
Schedule
Corrections
Article 2
Table 1
(1) Where the correction is to be made
(2) How the correction is to be made
(3) Text to be substituted, inserted, or omitted
Part 3, Article 10(3) | For “paragraph (3)” substitute | “paragraph (4)”
Part 3, Article 10(4)(b) | For “paragraph (4)” substitute | “paragraph (5)”
Part 3, Article 10(4)(m) | After “route” insert | “)”
Part 3, Article 10(4)(n) | For “(a) to (g)” substitute | “(a) to (m)”
Part 3, Article 13(4) | After “(public rights of way” insert | “to be closed)”
Part 3, Article 13(8) | For “paragraph (9)” substitute | “paragraph (7)”
Part 3, Article 13(9) | For “paragraph (10)” substitute | “paragraph (8)”
Part 3, Article 13(9) | For “paragraph (9)” substitute | “paragraph (7)”
Part 3, Article 14(1) | For “(public rights of way to be stopped up)” substitute | “(public rights of way to be closed)”
Schedule 2, Part 1, paragraph 13(1) | For “11” substitute | “12”
Schedule 2, Part 2, paragraph 25(1) | For “23” substitute | “24”
Schedule 2, Part 2, paragraph 26(3) | For “25(2)(c)” substitute | “26(2)(c)”
Schedule 2, Part 2, paragraph 26(5) | For “25(4)” substitute | “26(4)”
Schedule 2, Part 2, paragraph 26(5) | For “24(2)(c) to (e)” substitute | “26(2)(c) to (e)”
Schedule 5, Part 2 Title | For “public rights of way to be permanently closed” substitute | “public rights of way to be permanently stopped up”
Schedule 11, Part 3, paragraph 19(3)(b) | After “(1)” insert | “)”
Schedule 11, Part 5, paragraph 54(3) | For “paragraph 15” substitute | “paragraph 59 (arbitration) of this Part of this Schedule”
This section details the specific tabular corrections applied to the original Order.
These corrections mainly involve substituting incorrect paragraph references (e.g., changing Article 10(3) reference from paragraph (3) to (4)) and clarifying terminology related to public rights of way, such as changing 'stopped up' to 'closed' in one instance.
Explanatory Note
(This note is not part of the Order)
This Order corrects errors in the Byers Gill Solar Park Order 2025 (S.I. 2025/934), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act.
This explanatory note clarifies that the document itself is statutory but the note accompanying it holds no legal force.
The Order’s purpose is to correct errors within the primary development consent order (DCO) for the Byers Gill Solar Park, which was originally issued under the Planning Act 2008, based on a formal applicant request.