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SCHEDULES

SCHEDULE 3REQUIREMENTS

Interpretation

1.—(1) Where under any of the requirements the approval or agreement of the discharging authority or another person is required, that approval or agreement must be given in writing.

(2) Where any requirement provides that the authorised project is to be carried out in accordance with a document or the details approved by the discharging authority, the document or approved details shall be taken to include any amendments or revised documents or plans that may subsequently be approved or agreed by the discharging authority, or other consent, agreement or approval of the discharging authority.

(3) Where an approval is required under the terms of any requirement or a document referred to in a requirement, or any requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the discharging authority or requires the applicant to demonstrate the existence of exceptional circumstances such approval shall not be given or exceptional circumstances agreed except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the discharging authority that the subject-matter of the approval sought or the undertaker’s proposed response to exceptional circumstances is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement. This is not to be used to avoid or circumvent submission, discharge or consideration of matters properly to be dealt with through and in accordance with Schedule 17.

(4) Subject to (2) where any requirement refers to a document or plan, that document or plan shall be taken to be the version certified by the Secretary of State pursuant to the provisions of this Order.

(5) Where site specific requirements specify ‘commencement of development’ they refer to the commencement of development on that site only.

(6) Where site specific requirements refer to ‘landscaping’ they refer to the zone within which required landscaping would be located, identified on the site works parameter plans. Elsewhere, land restoration will be undertaken in accordance with Article 35(4) of this Order.