CLEAN ENERGY FOR CUMBRIA

NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008

THE DEAN MOOR SOLAR FARM ORDER 2026

1. The above Order, made under the Planning Act 2008 by the Secretary of State for Energy Security and Net Zero and published on 2 July 2026, includes provision authorising the compulsory acquisition of land, 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.
2. The Order includes provision authorising the acquisition for the purpose of construction and operation of the Dean Moor Solar Farm located within the administrative area of Cumberland Council, as set out in the location plan which accompanied the application for development consent and remains available on https://nsip-documents.planninginspectorate.gov.uk/published-documents/EN010155-000035-2.1%20Location%20Plan.pdf.
3. A copy of the Order has been deposited at Cumberland Council, Allerdale House New Bridge Road, Workington CA14 3YJ and may be inspected at all reasonable hours. Please call Cumberland Council on 0300 373 3730 or contact online at https://www.cumberland.gov.uk/your-council/about-your-council/contact-or-visit-us ahead of visiting to book an appointment. A copy of the Order has also been deposited at Distington Library, Church Road, Distington CA14 5TE and may be inspected during opening hours (Monday, Tuesday, Thursday and Friday; 10am – 12pm).
4. 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).
5. Once the provision in the Order authorising compulsory acquisition comes into force, FVS Dean Moor 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.
6. Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give FVS Dean Moor 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 below.

Contact information for FVS Dean Moor Limited is as follows:

SCHEDULE 1

Description of the land, existing rights and the new rights

1. 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 described in the deposited book of reference (as defined in Article 2 of the Order) located within the administrative area of Cumberland Council.
2. This notice relates to so much of the Order land as is shown on the land plans accompanying the Order:
   • shaded pink – compulsory acquisition of freehold and extinguishment of related easements, servitudes and other private rights; and
   • shaded blue – compulsory acquisition of new rights, right to impose restrictive covenants, and extinguishment of existing easements, servitudes and other private rights.
3. The main powers authorising the compulsory acquisition of land, or interests in, or rights over land, are contained in Articles 21 (Compulsory acquisition of land), 22 (Compulsory acquisition of land – incorporation of the mineral code), and 24 (Compulsory acquisition of rights and imposition of restrictive covenants) of the Order. Article 25 (Private rights over land) provides for the extinguishment of all existing private rights over land. Article 28 (Acquisition of subsoil only) permits FVS Dean Moor Limited to choose instead to acquire only the subsoil underneath the land.
4. Details of the rights sought to be acquired by FVS Dean Moor Limited are set out in Schedule 9 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 Dean Moor Solar Farm Order 2026 which authorises compulsory acquisition comes into force, FVS Dean Moor Limited (the acquiring authority) 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 FVS Dean Moor Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after FVS Dean Moor 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 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 FVS Dean Moor Limited together with the right to enter on the land and take possession of it. Every person on whom FVS Dean Moor Limited could have served a notice to treat in respect of their 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 their interest in the land, with interest on the compensation from the vesting date.
3. 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

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 to terminate the tenancy while the tenant will use every opportunity to retain or renew their interest.
5. The modifications are that FVS Dean Moor 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 they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their 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 Dean Moor Solar Farm Order 2026

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.