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35.—(1) The authorised development must not be commissioned until a written scheme of air quality monitoring has been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved must provide for the monitoring of nitrogen oxides and must specify—
(a)each location within the vicinity of Hensall at which air pollution is to be measured;
(b)the equipment and method of measurement to be used; and
(c)the frequency of measurement.
(3) 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.
(4) Unless the relevant planning authority gives the undertaker notice under sub-paragraph (6), the final measurement made in accordance with the scheme must be made at least 24 months after the first commercial use of the authorised development.
(5) The scheme must be implemented as approved.
(6) The relevant planning authority may, if it considers 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 relevant planning authority may not serve notice pursuant to sub-paragraph (6) after the date which is 18 months after the date that the authorised development is brought into commercial use.
(8) For each year during which measurements are made pursuant to this requirement, the undertaker must, within three months after the final measurement made in that year, provide the relevant planning authority with a report of measurements made in accordance with the scheme in that year.