The Oaklands Farm Solar Park Order 2025

SCHEDULE 1

Article 2 PART 1 AUTHORISED DEVELOPMENT 1 In the administrative area of Derbyshire the construction, operation, maintenance and decommissioning of a nationally significant infrastructure project as defined in sections 14(1) and 15 of the 2008 Act with associated development under section 115(1)(b) of the 2008 Act. 2 The nationally significant infrastructure project authorised by this Order comprises a generating station with a gross electrical output capacity of over 50 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule— Work No. 1 – a ground mounted solar photovoltaic generating station comprising— (a) solar panels fitted to mounting structures; and (b) balance of solar plant, and associated development within the meaning of Section 115(2) (for which development consent may be granted) of the 2008 Act including— Work No. 2 – a battery energy storage system compound comprising— (a) battery energy storage system units; (b) auxiliary transformers and associated bunding; (c) power conversion system units including inverters, switch gear, transformers and ancillary equipment; (d) containers or enclosures housing all or any of Work Nos. 2(b) and (c) and ancillary equipment; (e) monitoring and control systems; (f) heating, ventilation and air conditioning systems; (g) underground electrical cabling; (h) fire safety infrastructure including water storage in tanks or other containers, and drainage and water containment features and associated infrastructure; (i) containers or similar structures to house control room, office and welfare facilities, and storage; and (j) security fencing, access gates and tracks, car parking and hardstanding areas. Work No. 3 – works in connection with a new 132/33kV onsite substation comprising— (a) substation, switch room buildings, concrete foundations and ancillary equipment including reactive power units; (b) control building housing offices, storage containers and space, welfare facilities, waste storage within a fenced compound, car parking; (c) monitoring and control systems for Work Nos. 1 to 3; (d) 132 kilovolt harmonic filter compound; (e) electrical cables; (f) deluge system including water tanks and fire suppression, and drainage and water containment features and associated infrastructure; and (g) access gates and tracks, security palisade fencing and bunding. Work No. 4 – works to trench and lay 132 kilovolt electrical cables connecting Work No. 3 to Work No. 5 including— (a) excavations to install trenching, including storage of excavated material; (b) provision of ducting or alternative means of conducting media; (c) laying down of internal access tracks, ramps, means of access, footpaths, roads, including the laying and construction of drainage infrastructure, signage and information boards; works required for crossing, moving re-routing or over/undergrounding of existing utility assets (including water, gas, sewer pipes, electricity distribution/transmission cabling, telecommunications etc.); and (d) temporary construction compounds within the working area. Work No. 4A – crossing Rosliston Road with electrical cabling including— (a) trenching through, or directionally drilling beneath, Rosliston Road; (b) preparation of temporary drilling launch and emergence pads; (c) associated civils investigations and works; and (d) drilling boreholes and laying cable, and associated activities required to facilitate trenching or directional drilling process. Work No. 4B – temporary stopping up of watercourses to trench and lay cables, installation of culverts, drainage and other features to cross watercourses. Work No. 4C – crossing Walton Road with electrical cabling including— (a) trenching through, or directionally drilling beneath, Walton Road; (b) preparation of temporary drilling launch and emergence pads; (c) associated civils investigations and works; and (d) drilling boreholes and laying cable, and associated activities required to facilitate trenching or directional drilling processes. Work No. 4D – crossing Coton Road with electrical cabling including— (a) trenching through, or directionally drilling beneath, Coton Road; (b) preparation of temporary drilling launch and emergence pads; (c) associated civils investigations and works; and (d) drilling boreholes and laying cable, and associated activities required to facilitate trenching or directional drilling processes. Work No. 5 – connection and installation works to the existing transmission network substation, including works to trench and lay 132 kilovolt electrical cables connecting to Work No. 4C including— (a) excavations to install trenching, including storage of excavated material; (b) provision of ducting or alternative means of conducting media; (c) permanent removal of trees and vegetation to provide construction laydown and working areas, and provide permanent operations and maintenance access to cabling; (d) laying down of access tracks, ramps, means of access; and (e) works required for crossing, moving, re-routing or over/undergrounding of existing utility assets (including electricity distribution/transmission cabling, telecommunications etc.). Work No. 5A –construction, operation, maintenance and decommissioning access for Work No. 5— (a) works to create permanent access from public highway, and install temporary or permanent traffic lights, visibility splays, banksmen or other measures to manage traffic; (b) works to widen and surface the public highway; and (c) works to excavate and store soil, clear vegetation and obstacles, level, shape and prepare surface for construction track and permanent operational track to be installed. Work No. 5B – access to National Grid operational land for the construction, operation, maintenance and decommissioning for Work No. 5— (a) works to create permanent access from public highway, and install temporary or permanent traffic lights, visibility splays, banksmen or other measures to manage traffic; (b) works to widen and surface the public highway; and (c) works to excavate and store soil, clear vegetation and obstacles, level, shape and prepare surface for construction track and permanent operational track to be installed. Work No. 6 – temporary construction and decommissioning of access tracks and compounds comprising— (a) works to improve existing farm access from public highway, and install temporary traffic lights, banksmen or other measures to manage traffic; (b) works to excavate and store soil, clear vegetation and obstacles, level, shape and prepare surface for construction track to be installed; (c) storage of equipment and materials; (d) civils investigations and works to reinforce ground with weight-bearing support infrastructure, maintain integrity of structures beneath road surface; (e) creation of temporary construction access tracks, laydown and working areas; (f) works required for crossing, moving, re-routing or over/undergrounding of existing utility assets (including water, gas, sewer pipes, electricity distribution/transmission cabling, telecommunications etc.); (g) temporary stopping up of watercourses for installation of culverts, drainage and other features to cross water courses; (h) areas of hardstanding; (i) car parking; (j) site and welfare offices, canteens and workshops; (k) area to store materials and equipment; (l) storage and waste skips; (m) area for download and turning; (n) security infrastructure; (o) site drainage and waste management infrastructure; and (p) electricity, water, waste water and telecommunications connections. Work No. 7 – General works comprising— (a) trenching and laying electrical cables connecting Work Nos. 1 and 2 to Work No. 3; (b) fencing, gates, boundary treatment and other means of enclosure; (c) works for the provision of security and monitoring measures including CCTV columns, lighting columns and lighting, cameras, weather stations, communication infrastructure and perimeter fencing; (d) use of existing private tracks; (e) laying down of internal means of access; (f) earthworks and foundations; (g) drainage and irrigation infrastructure; (h) storage containers including welfare facilities; and (i) temporary construction compounds within the permanent working area. Work No. 8 – works to facilitate access for all works excluding Work No. 5 comprising— (a) creation of accesses from or across the public highway; (b) visibility splays; (c) works to widen and surface the public highway; and (d) installation of temporary traffic lights or facilities for manned traffic management. Work No. 9 – works for areas of habitat management comprising— (a) landscape and biodiversity enhancement measures; and (b) habitat creation and management including earthworks, landscaping, means of enclosure and the laying and construction of drainage infrastructure. Work No. 10 – works to implement new permissive path through Order limits comprising— (a) temporary route clear of obstacles and laying down of permissive path; and (b) signage and information boards. and in connection with the construction of Work Nos. 1-10 above and to the extent that they do not form any part of any such work, further associated development comprising such other works as may be necessary or expedient for the purpose of or in connection with the relevant part of the authorised development and which fall within the scope of work assessed by the environmental statement within the Order limits including— (a) boundary treatments, including means of enclosure; (b) bunds, embankments, trenching and swales; (c) works to the existing irrigation system and works to alter the position and extent of such irrigation system; (d) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage networks; (e) electrical, gas, water, foul water drainage and telecommunications infrastructure connections, diversions and works to alter the position of such services and utilities connections; (f) works to alter the course of or otherwise interfere with non-navigable rivers, streams or watercourses; (g) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structure), earthworks (including soil stripping and storage and site levelling) and excavations, the alteration of the position of services and utilities and works for the protection of buildings and land; (h) works to maintain and repair streets and access roads; (i) tunnelling, boring and drilling works; and (j) landscaping and biodiversity mitigation and enhancement measures including planting. PART 2 REQUIREMENTS Time limits 3 The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force. Phases of authorised development and date of final commissioning 4 (1) The authorised development must 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 local planning authority. (2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phases of the authorised development and a plan identifying the phasing areas. (3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. (4) Notice of the date of final commissioning for the first phase of Work No. 1 to complete commissioning must be given to the local planning authority within 15 working days of the date of final commissioning for that phase. Detailed design approval 5 (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; (j) fencing; and (k) the anti-reflective coating to be used on the solar modules in Work No. 1, relating to that phase have been submitted to and approved in writing by the local planning authority. (2) The details submitted must accord with— (a) the site location plan; (b) the works plan; (c) the design parameters; and (d) the outline design principles as set out in the design statement, or such variation thereof as may be approved by the local planning authority pursuant to requirement 25. (3) The authorised development must be carried out in accordance with the approved details. Implementation and maintenance of landscaping 6 (1) All landscaping works must be carried out in accordance with the LEMP approved under requirement 8 (landscape and ecological 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 local 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. Arboricultural method statement (AMS) 7 No phase of the authorised development may commence until an arboricultural method statement (AMS) for that phase has been submitted to and approved by the local planning authority. Any AMS submitted for approval must be in accordance with the Tree Retention and Removal Plan and Tree Protection Plan contained within appendix 6.14 of the environmental statement and the development of any phase of the development to which the AMS relates must be carried out in accordance with the approved AMS. Landscape and ecological management plan (LEMP) 8 (1) No phase of the authorised development may commence until a landscape and ecological management plan (LEMP) covering that phase which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England. (2) The LEMP must include— (a) details of the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stage of the authorised development; (b) details of habitat creation, including new native hedgerow planting adjacent to the proposed security fencing along the line of the existing footpath, replanting of any breaks (gaps) in excess of 1 metre in existing native hedgerows within the Order limits adjacent to the footpath and sowing of wildflower seed along the margins between the footpath and the hedgerow/security fence boundaries; (c) details of ongoing management including seasonal grazing regime and other measures including the annual review of the need for any additional mitigation planting work, during the lifetime of the authorised development; (d) a timetable for the landscape management of the land within the Order limits during the lifetime of the authorised development; (e) details of how the plan will secure a minimum of 20% biodiversity net gain in habitat units, a minimum of 10% biodiversity net gain in hedgerow units, and a minimum of 10% biodiversity net gain in river units during the operation of the authorised development, and the metric that has been used to calculate that those percentages will be reached; and (f) landscaping details. (3) The LEMP must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (4) No site preparation works are to be commenced until a LEMP covering the site preparation works which accords with the outline LEMP has been submitted to and approved by the local planning authority in consultation with Natural England. Such LEMP must be implemented as approved. Construction environmental management plans (CEMP) 9 (1) No phase of the authorised development may commence until a construction environmental management plan (CEMP) for that phase has been submitted to and approved by the local planning authority in consultation with the Environment Agency and Natural England. Any CEMP submitted for approval must be in accordance with the outline CEMP and the construction of any phase of the authorised development to which the CEMP relates must be carried out in accordance with the approved CEMP. (2) The CEMP for each phase of the authorised development must provide details of— (a) community liaison; (b) complaints procedures; (c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration); (d) a soil management plan; (e) site waste and materials management measures; (f) pollution control measures to prevent the introduction of any hazardous substances; (g) a water quality and silt management plan; (h) security measures and use of artificial lighting; (i) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction; (j) details of out of hours working procedures; (k) details of measures to be adopted including pre-construction surveys to protect species defined as a European Protected Species in regulation 42 (European protected species of animals) and regulation 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981 applies; (l) environmental monitoring plan; (m) flood risk management measures including surface water management; and (n) a habitats constraints plan. (3) Pre-commencement establishment of construction compounds, preparation of land for construction, construction area fencing and installation of site drainage must only take place in accordance with a specific plan for such works which accords with the outline CEMP and which has been submitted to and approved by the local planning authority in consultation with the Environment Agency. (4) No site preparation works are to be commenced until a soil management plan covering the site preparation works which accords with the outline CEMP has been submitted to and approved by the local planning authority. Such soil management plan must be implemented as approved. (5) For the purposes of requirement 9(1) “commence” includes any site preparation works comprising site clearance (including vegetation removal, demolition of existing buildings and structures). Construction traffic management plan (CTMP) 10 (1) No phase of the authorised development may commence until a construction traffic management plan (CTMP) covering that phase and in accordance with the outline CTMP has been submitted to and approved by the local planning authority in consultation with the highway authority for the highway(s) to which the CTMP for that phase relates. (2) The CTMP must include details of— (a) associated traffic movements; including delivery vehicles and staff construction/vehicle movements; (b) traffic management requirements on the adjoining public highway; and (c) a condition survey for any road which will be affected by undertaking that phase of the authorised development and a further condition survey following that phase of the construction works. In the event that any defects are identified in that condition survey that are directly attributable to that phase of the construction works of the authorised development, details of how those defects are to be remediated by the undertaker. (3) The CTMP must be implemented as approved. (4) For the purposes of requirement 10(1) “commence” includes any site preparation works comprising site clearance (including vegetation removal and demolition of existing buildings and structures). Operational environmental management plan (OEMP) 11 (1) No phase of the authorised development may commence until an operational environmental management plan (OEMP) which accords with the outline OEMP for that phase has been submitted to and approved by the local planning authority. (2) The OEMP must include details of— (a) nuisance management including measures to avoid or minimise the impacts of operational works (covering dust, noise and vibration); (b) associated traffic movements; including delivery vehicles and staff operation/vehicle movements; (c) detailed operational drainage design; (d) measures for the replacement of damaged solar panels; and (e) a soil management plan. (3) The OEMP must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Battery safety management plan (BSMP) 12 (1) Prior to the commencement of Work No. 2 a battery safety management plan (BSMP) must be submitted to and approved by the local planning authority. (2) The submitted BSMP must either accord with the outline BSMP or detail such changes as the undertaker considers are required. (3) In the event that the submitted BSMP proposes changes to the outline BSMP the local planning authority must not approve the BSMP until it has consulted with Derbyshire Fire and Rescue Service. (4) The BSMP must be implemented as approved and maintained throughout the construction, maintenance, operation and decommissioning of the authorised development. Land contamination 13 (1) No phase of the authorised development, and no part of the site preparation works for that phase comprising remedial work in respect of any contamination, may commence until a contamination risk assessment in respect of soils has been produced which is to include details of— (a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development; (b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; (c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works; and (d) appropriate remediation strategies and mitigation measures to address any contaminated material that may be found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, and has been submitted to and approved by the local planning authority in consultation with the Environment Agency. (2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development. (3) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be prepared, submitted to and approved in writing by the local planning authority in consultation with the Environment Agency. (4) Remedial measures must be carried out in accordance with the approved scheme, and a verification report following completion of those remedial measures must be submitted to the local planning authority. Public rights of way diversions 14 (1) No phase of the authorised development may commence and no decommissioning may be undertaken until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that phase has been submitted to and approved by the local 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; (b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed; (c) personnel responsible for safeguarding users of the Cross Britain Way and public safety; (d) the locations of any public rights of way to be temporarily closed; (e) the hours of proposed works affecting public rights of way; and (f) measures to safeguard users of public rights of way during construction of the authorised development. (3) The plan must be implemented as approved unless otherwise agreed with the local planning authority in consultation with the highway authority. Operational noise 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 outline operational environmental management plan are to be complied with for that phase has been submitted to and approved by the local planning authority. (2) The design as described in the operational noise assessment must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Fencing and other means of enclosure 16 (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 local planning authority as part of the detailed design approval required by requirement 5(1). (2) For the purposes of requirement 16(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. (6) No site preparation works are to be commenced until written details of all proposed temporary fences, walls or other means of enclosure for the site preparation works have been submitted to and approved by the local planning authority. (7) Any proposed permanent or temporary fences, walls or other means of enclosure must be carried out in accordance with the approved details. Surface and foul water drainage 17 (1) No phase of the authorised development may commence until written details of the surface and foul water drainage system for that phase have been submitted to and approved by the local planning authority. (2) The details submitted under sub-paragraph (1) must be in accordance with and include the plans and strategies referred to in the flood risk assessment and outline drainage strategy forming appendix 8.1 of the environmental statement. (3) The surface and foul water drainage system for the relevant part of the authorised development must be implemented in accordance with the approved details and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Archaeology 18 (1) No phase within the authorised development, and no part of the site preparation works for that phase, may commence until an archaeological written scheme of investigation (WSI) for that phase has been submitted to and approved by the local planning authority in consultation with the county archaeologist. (2) Any archaeological works or programme of archaeological investigation carried out under the approved WSI must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute, and the nominated organisation and its relevant specialists will be identified and agreed within the WSI. (3) Any archaeological works must be carried out in accordance with the approved WSI, including post-excavation analysis, reporting, publication and archiving. Permissive path 19 (1) Where a phase of the authorised development includes the provision of a permissive path, the permissive path must be provided and open to the public within 12 months of the date of final commissioning in respect of that phase. (2) No phase of the authorised development which includes a permissive path may commence until written details of the route and maintenance provisions have been submitted to and approved by the local planning authority as part of the detailed design approval required by requirement 5(1). (3) The permissive path must be maintained and access by the public permitted for 264 days a year (subject to closures for maintenance or emergencies) until commencement of decommissioning of the authorised development pursuant to requirement 22 (decommissioning and restoration). Construction hours 20 (1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of— (a) 07:00 to 19:00 Monday to Friday; and (b) 07:00 to 13:30 on Saturday. (2) The following works are permitted outside the hours referred to in sub-paragraph (1)— (a) emergency works; and (b) works which do not cause noise that is audible at the boundary of the Order limits and do not give rise to any materially new or materially different environmental effects compared to those identified in the environmental statement. (3) Any emergency works carried out under sub-paragraph (2)(a) must be notified to the local planning authority within 72 hours of their commencement. (4) Save for emergency works, works under sub-paragraph (2) must be carried out in accordance with the approved scheme. Protected species 21 (1) No phase of the authorised development may commence until protected species surveys have been carried out by a suitably qualified person. The surveys shall inform the mitigation measures required for the protection of such species, which shall be incorporated into a species protection plan (SPP) that shall include a scheme of protection and mitigation. (2) The SPP must be agreed with the local planning authority in consultation with Natural England and implemented as approved. (3) 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 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981 applies. Decommissioning and restoration 22 (1) Within 3 months of the date that the undertaker decides to decommission any part of the solar farm works and grid connection works, or no later than 6 months before the 40th anniversary of the date of final commissioning of the first phase of Work No. 1 as notified by the undertaker pursuant to requirement 4 (phasing of the authorised development and date of final commissioning), the undertaker must submit a decommissioning environmental management plan and a decommissioning traffic management plan for that part. (2) The plans must be submitted to the local planning authority for that part (or both local planning authorities where that part falls within the administrative areas of both South Derbyshire District Council and Derbyshire County Council) for approval. (3) Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1. (4) The undertaker must provide notice to the local planning authority once any part of the authorised development stops generating electricity for more than 6 months. If, by expiry of the period of 12 continuous months beginning with the date of the notice, and unless otherwise agreed in writing by the undertaker and the relevant local planning authority, that part of the authorised development does not re-generate electricity, then within 3 months the undertaker must submit to the local planning authority for that part (or both local planning authorities where that part falls within the administrative areas of both South Derbyshire District Council and Derbyshire County Council) for approval a decommissioning environmental management plan and a decommissioning traffic management plan for that part. (5) The plans submitted and approved must be substantially in accordance with the relevant part of the outline decommissioning environmental management plan. (6) The decommissioning environmental management plan submitted and approved must include— (a) a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials; and (b) details of measures to be adopted including pre-decommissioning surveys to protect species defined as a European Protected Species in regulation 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981 applies. (7) No decommissioning works may be carried out until the local planning authority or both relevant local planning authorities (as applicable) has/have approved the plans submitted in relation to such works in consultation with the Environment Agency and Natural England. (8) The plans must be implemented as approved, and decommissioning of that part of the authorised development to which a plan relates must be completed within 2 years of such approval, or such other time period as is agreed in writing between the undertaker and the local planning authority. (9) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. Skills, supply chain and employment 23 (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the local planning authority. (2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan. (3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities. (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Requirement for written approval 24 Where the approval, agreement or confirmation of the Secretary of State, local planning authority or another person is required under a requirement that approval, agreement or confirmation must be given in writing. Amendments to approved details 25 (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the local planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the local planning authority in accordance with sub-paragraph (2). (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 local planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects compared to those identified in the environmental statement. (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the local planning authority. Consultation 26 Where the local 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. PART 3 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation 27 In this Part of this Schedule, “relevant authority” means— (a) any body, other than the Secretary of State, responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”. Applications made under requirements 28 (1) Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement, or for any consent, agreement or approval further to any document referred to in any such requirement, the relevant authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with the later of— (a) the day immediately following that on which the application is received by the relevant authority; or (b) where further information is requested under paragraph 29, the day immediately following that on which the further information has been supplied by the undertaker, or such longer period that is agreed in writing between the undertaker and the relevant authority. (2) In determining any application made to the relevant authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, the relevant authority may— (a) give or refuse its consent, agreement or approval; or (b) give its consent, agreement or approval subject to reasonable conditions, and where consent, agreement or approval is refused or granted subject to conditions the relevant authority must provide its reasons for that decision with the notice of the decision. (3) In the event the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. Further information regarding requirements 29 (1) In relation to any application referred to in paragraph 28, the relevant authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) If the relevant authority considers that further information is necessary and the requirement concerned does not specify that consultation with a consultee is required, the relevant authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement concerned specifies that consultation with a consultee is required, the relevant authority must issue the application to the consultee within five business days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within five business days of receipt of such a request. (4) If the relevant authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker. Appeals 30 (1) Where a person (“the applicant”) makes an application to a relevant authority, the applicant may appeal to the Secretary of State in the event that— (a) the relevant authority refuses an application for any consent, agreement or approval required by— (i) a requirement contained in Part 2 of this Schedule; or (ii) a document referred to in any requirement contained in Part 2 of this Schedule; (b) the relevant authority grants such an application subject to conditions; (c) the relevant authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act; (d) on receipt of a request for further information pursuant to paragraph 29 of this Schedule, the applicant considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or (e) on receipt of any further information requested, the relevant authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application. (2) The appeal process is as follows— (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 28(1), giving rise to the appeal referred to in sub-paragraph (1); (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and any consultee specified under the relevant requirement; (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent; (d) the relevant authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within ten business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person; (e) the applicant must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-paragraph (d) above; and (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the ten day period for counter-submissions under sub-paragraph (e). (3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (f). (6) On an appeal under this paragraph, the appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not), and may deal with the application as if it had been made to the appointed person in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case. (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review. (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 2 of this Schedule as if it had been given by the relevant authority. The relevant authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person are to be met by the applicant. (12) On application by the relevant authority or the applicant, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it. Fees 31 (1) Where an application is made to the local planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (as may be amended or replaced from time to time) is to apply and must be paid to the local planning authority for each application. (2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of— (a) the application being rejected as invalidly made; or (b) the local planning authority failing to determine the application within eight weeks from the relevant date in paragraph 28(1) unless— (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the local planning authority and credited in respect of a future application; or (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 28(1) of this Schedule.