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38.—(1) The authorised development must not be commissioned until a written scheme of air quality monitoring has been submitted to and, after consultation with Selby District Council, approved by the planning authority.
(2) The scheme submitted and approved must provide for the monitoring of—
(a)nitrogen oxides;
(b)any other pollutant agreed by the planning authority.
(3) The scheme submitted and approved must specify—
(a)each location at which air pollution is to be measured;
(b)the equipment and method of measurement to be used;
(c)the frequency of measurement.
(4) The first measurement made in accordance with the scheme must be made not less than 12 months before the authorised development is brought into commercial use.
(5) Unless the planning authority gives the undertaker notice under subparagraph (6), the final measurement made in accordance with the scheme must be made at least 24 months after the authorised development is commissioned.
(6) The planning authority may, if it thinks appropriate, give notice to the undertaker that the scheme is to be extended for the period specified in the notice, which may not be more than 24 months from the date of the final measurement in accordance with the scheme as originally approved.
(7) The scheme must be implemented as approved.
(8) For each year from the date on which the authorised development is commissioned, the undertaker must, within three months after the final measurement made in that year, provide the planning authority with a report of measurements made in accordance with the scheme in that year.
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