The Cleve Hill Solar Park Order 2020

PART 2 U.K. REQUIREMENTS

Time limits U.K.

1.  The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Commencement Information

I1 Sch. 1 Pt. 2 para. 1 in force at 19.6.2020, see art. 1

Detailed design approval U.K.

2.—(1) No phase of the authorised development may commence until details of—

(a) the layout;

(b) scale;

(c) proposed finished ground levels;

(d) external appearance;

(e) hard surfacing materials;

(f) vehicular and pedestrian access, parking and circulation areas;

(g) refuse or other storage units, signs and lighting;

(h) drainage, water, power and communications cables and pipelines;

(i) programme for landscaping works; and

(j) fencing,

relating to that phase have been submitted to and approved in writing by the relevant planning authority.

(2) The details submitted must accord with—

(a) the location, order limits and grid coordinates plan;

(b) the works plan;

(c) the principles and assessments set out in the environmental statement; and

(d) the outline design principles, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement .

(3) The authorised development must be carried out in accordance with the approved details.

Commencement Information

I2 Sch. 1 Pt. 2 para. 2 in force at 19.6.2020, see art. 1

Battery safety management U.K.

3.—(1) Work No. 2(a) must not commence until a Battery Safety Management Plan (“BSMP”) has been submitted to and approved by the relevant planning authority.

(2) The BSMP must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No.2(a) including the transportation of new, used and replacement battery cells both to and from the authorised development.

(3) The BSMP must accord with the outline battery safety management plan.

(4) The relevant planning authority must consult with the Health and Safety Executive and Kent Fire and Rescue Service before determining an application for approval of the BSMP.

(5) The BSMP must be implemented as approved.

Commencement Information

I3 Sch. 1 Pt. 2 para. 3 in force at 19.6.2020, see art. 1

Phases of authorised development U.K.

4.—(1) The authorised development may not be commenced until a written scheme setting out the phases of construction of the authorised development has been submitted to and approved by the relevant planning authority.

(2) The scheme must be implemented as approved.

Commencement Information

I4 Sch. 1 Pt. 2 para. 4 in force at 19.6.2020, see art. 1

Landscape and biodiversity management plan U.K.

5.—(1) No phase of the authorised development may commence until a written landscape and biodiversity management plan (which accords with the outline landscape and biodiversity management plan) has been submitted to and approved by the relevant planning authority in consultation with Natural England.

(2) The landscape and biodiversity management plan must be implemented as approved.

Commencement Information

I5 Sch. 1 Pt. 2 para. 5 in force at 19.6.2020, see art. 1

Implementation and maintenance of landscaping U.K.

6.—(1) All landscaping works must be carried out in accordance with the landscape and biodiversity management plan approved under requirement (landscape and biodiversity management plan), and in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Commencement Information

I6 Sch. 1 Pt. 2 para. 6 in force at 19.6.2020, see art. 1

Public rights of way diversions U.K.

7.—(1) No phase of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the access and rights of way plans for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority.

(2) The plan must include details of—

(a) measures to minimise the length of any sections of public rights of way to be temporarily closed; and

(b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed.

(3) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the highway authority.

Commencement Information

I7 Sch. 1 Pt. 2 para. 7 in force at 19.6.2020, see art. 1

Fencing and other means of enclosure U.K.

8.—(1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the relevant planning authority as part of the detailed design approval required by requirement 2(1).

(2) For the purposes of requirement 8(1), “commence” includes any site preparation works.

(3) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development.

(4) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.

(5) Any approved permanent fencing must be completed before completion of the authorised development.

Commencement Information

I8 Sch. 1 Pt. 2 para. 8 in force at 19.6.2020, see art. 1

Surface and foul water drainage U.K.

9.—(1) No phase of the authorised development may commence until details of the surface and (if any) foul water drainage system (including means of pollution control) for that phase have been submitted to and approved by the relevant planning authority in consultation with Kent County Council as lead local flood authority and the Lower Medway Internal Drainage Board.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details.

Commencement Information

I9 Sch. 1 Pt. 2 para. 9 in force at 19.6.2020, see art. 1

Archaeology U.K.

10.—(1) No phase of the authorised development may commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation) for that phase has been submitted to and approved by the relevant planning authority.

(2) For the purposes of requirement 10(1), “commence” includes any site preparation works.

(3) In the event that site investigation is required, the scheme must include details of the following—

(a) an assessment of significance and research questions;

(b) the programme and methodology of site investigation and recording;

(c) the programme for post investigation assessment;

(d) provision for analysis of the site investigation and recording;

(e) provision for publication and dissemination of the analysis and records of the site investigation;

(f) provision for archive deposition of the analysis and records of the site investigation; and

(g) nomination of a competent person, persons or organisation to undertake the works set out within the written scheme of investigation.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

(5) In the event that site investigation is required, the site investigation and post investigation assessment must be completed in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition.

Commencement Information

I10 Sch. 1 Pt. 2 para. 10 in force at 19.6.2020, see art. 1

Construction environmental management plan U.K.

11.—(1) No phase of the authorised development may commence until a construction environmental management plan (which must accord with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority, in consultation with the relevant highway authority and the Environment Agency.

(2) The construction environmental management plan must include the following documents relevant to the phase of the authorised development in respect of which it is submitted—

(a) site waste management plan;

(b) breeding bird protection plan;

(c) new watercourse crossing inventory; and

(d) upgraded watercourse crossing inventory.

(3) The construction environmental management plan must be implemented as approved.

Commencement Information

I11 Sch. 1 Pt. 2 para. 11 in force at 19.6.2020, see art. 1

Construction traffic management plan U.K.

12.—(1) No phase of the authorised development may commence until written details of a construction traffic management plan (which must accord with the outline construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority.

(2) The construction traffic management plan must be implemented as approved.

Commencement Information

I12 Sch. 1 Pt. 2 para. 12 in force at 19.6.2020, see art. 1

Special protection area construction noise management plan U.K.

13.—(1) No phase of the authorised development may commence until written details of a special protection area construction noise management plan (which must accord with the outline special protection area construction noise plan) for that phase has been submitted to and approved by the relevant planning authority.

(2) The special protection area construction noise management plan must be implemented as approved.

Commencement Information

I13 Sch. 1 Pt. 2 para. 13 in force at 19.6.2020, see art. 1

Protected species U.K.

14.—(1) No phase of the authorised development may commence until final pre-construction survey work has been carried out for that phase to establish whether a protected species is present on any of the land affected, or likely to be affected, by the authorised development or in any of the trees to be lopped or felled as part of that stage of the connection works.

(2) For the purposes of requirement 14(1) “commence” includes any site preparation works.

(3) Where a protected species is shown to be present, the phase of the authorised development must not begin until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority.

(4) The authorised development must be carried out in accordance with the approved scheme.

(5) In this requirement, “protected species” refers to any species defined as a European Protected Species in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 M1 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981 M2 applies.

Commencement Information

I14 Sch. 1 Pt. 2 para. 14 in force at 19.6.2020, see art. 1

Marginal Citations

M1 S.I. 2017/1012.

M2 1981 c.69.

Operational noise U.K.

15.—(1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that phase has been submitted to and approved by the relevant local planning authority.

(2) The design as described in the operational noise assessment must be implemented as approved.

Commencement Information

I15 Sch. 1 Pt. 2 para. 15 in force at 19.6.2020, see art. 1

Local skills, supply chain and employment U.K.

16.—(1) No phase of the authorised development may commence until for that phase a skills, supply chain and employment plan in relation to the authorised development (which accords with the outline skills, supply chain and employment plan) has been submitted to and approved by the relevant planning authority.

(2) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities.

(3) The skills and employment plans must be implemented as approved.

Commencement Information

I16 Sch. 1 Pt. 2 para. 16 in force at 19.6.2020, see art. 1

Decommissioning U.K.

17.—(1) Within 14 days of the date of final commissioning the undertaker must serve written notice on the relevant planning authority and the Environment Agency of the date of final commissioning.

(2) No later than the 35th anniversary of the date of final commissioning, the undertaker and Environment Agency must—

(a) undertake a review of the progress made by the Environment Agency in respect of managed realignment of the existing flood defence, with particular regard to the timescales for achieving—

(i) all necessary consents and approvals;

(ii) all the land and/or rights over land; and

(iii) funding required for managed realignment of the existing flood defence; and

(b) as soon as reasonably practicable following that review, submit a managed realignment programme to the relevant planning authority, which sets out the timescales for achieving the matters prescribed in sub-paragraphs to inclusively and the anticipated date by which the parts of the authorised development required for managed realignment of the existing flood defence must be decommissioned.

(3) If the Environment Agency is unable to satisfy the requirements of sub-paragraph on or before the 35th anniversary of the date of final commissioning, the process set out in that sub-paragraph must be repeated every five years thereafter until the Environment Agency is able to submit a managed realignment programme to the relevant planning authority compliant with that sub-paragraph.

(4) The Environment Agency must consult, and have regard to any representations received from, the undertaker in respect of the managed realignment programme before it is submitted to the relevant planning authority and if the undertaker and Environment Agency cannot agree the timescales to be included in the managed realignment programme those timescales shall be determined pursuant to article 35 (arbitration).

(5) The Environment Agency may submit an application to the relevant planning authority for a decommissioning notice to be served on the undertaker in accordance with the managed realignment programme submitted pursuant to sub-paragraph or provided that it has first consulted, and had regard to, any submissions on the application made by the undertaker.

(6) The application made pursuant to sub-paragraph must be accompanied by evidence that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively.

(7) Within eight weeks of receiving an application pursuant to sub-paragraph , or such other timescale as may be agreed in advance with the undertaker, the relevant planning authority must serve the decommissioning notice on the undertaker.

(8) Before serving the decommissioning notice, the relevant planning authority must—

(a) be satisfied on the evidence before it that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively; and

(b) consult, and have regard to, any submissions made by the undertaker.

(9) The decommissioning notice must—

(a) give reasons for the relevant planning authority determining that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively;

(b) include a plan detailing the extent of land within the Order limits required for managed realignment of the existing flood defence;

(c) not be served—

(i) within a period of 40 years from the date of final commissioning, or until such later time as any appeal, arbitration or judicial review of any decommissioning notice served pursuant to this Requirement has been determined, and provide that the authorised development may continue to generate and store electricity on a commercial basis until the later of those periods has been determined; and

(ii) in respect of any land within the Order limits that is not required for managed realignment of the existing flood defence as shown on the plan required by of this sub-paragraph.

(10) The undertaker must submit the decommissioning and restoration plan to the relevant planning authority for approval within 3 months of the earlier of—

(a) all or part of the Order land ceasing to be used for the purposes of electricity generation or storage (either actively generating electricity or being available to generate electricity on a standby basis);

(b) the date of the decommissioning notice served pursuant to sub-paragraph ; or

(c) such other timescale as may be approved by the relevant planning authority in writing.

(11) The decommissioning and restoration plan required by sub-paragraph must—

(a) accord with the outline decommissioning and restoration plan;

(b) state the date by which the authorised development will be decommissioned; and

(c) not require the undertaker to decommission the existing flood defence located within the Order limits.

(12) The decommissioning and restoration plan required must be implemented as approved.

(13) In this requirement the following definitions have effect—

“date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

“decommissioning and restoration plan” means the decommissioning and restoration plan approved by the relevant planning authority pursuant to sub-paragraph which sets out how the authorised development should be decommissioned and the specification to which the land should be restored having regard to the outline decommissioning and restoration plan and whether or not that land is required for managed realignment of the existing flood defence;

“decommissioning notice” means the notice to be served by the relevant planning authority on the undertaker pursuant to sub-paragraph which confirms the requirement for the authorised development to be decommissioned having regard to the managed realignment programme and the matters prescribed in sub-paragraph ;

“managed realignment of the existing flood defence” means the physical realignment of the existing flood defence located within the Order limits (that would require the removal of all or any part of Work No. 1, 2 and 3) as it exists at the date of this Order and as described in the Medway Estuary and Swale Strategy published on 10 September 2019 or as otherwise agreed between the undertaker and the Environment Agency, or determined by article 35 (arbitration); and

“managed realignment programme” means the managed realignment programme required to be submitted to the relevant planning authority by the Environment Agency pursuant to sub-paragraph or which sets out the timescales within which the Environment Agency reasonably expects the matters prescribed in sub-paragraphs to inclusively to be secured such that managed realignment of the existing flood defence can be achieved.

Commencement Information

I17 Sch. 1 Pt. 2 para. 17 in force at 19.6.2020, see art. 1

Requirement for written approval U.K.

18.  Where the approval, agreement or confirmation of the relevant planning authority or another person is required under a requirement, that approval, agreement or confirmation must be given in writing.

Commencement Information

I18 Sch. 1 Pt. 2 para. 18 in force at 19.6.2020, see art. 1

Amendments to approved details U.K.

19.—(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another person, the approved details must be carried out as approved unless an amendment or variation is previously agreed in writing by the relevant planning authority or that other person in accordance with sub-paragraph .

(2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or that other person.

Commencement Information

I19 Sch. 1 Pt. 2 para. 19 in force at 19.6.2020, see art. 1

Consultation U.K.

20.  Where the relevant planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such person or body prior to making an application to discharge the requirement.

Commencement Information

I20 Sch. 1 Pt. 2 para. 20 in force at 19.6.2020, see art. 1