The Sunnica Energy Farm Order 2024

SCHEDULE 13 PROCEDURE FOR DISCHARGE

Article 41 Interpretation 1 In this Schedule— “appeal documentation” means a written statement of appeal which describes the nature of the differences between the parties, the factual issues, the undertaker’s case and evidence relied on; “business day” means a day other than a Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971; “relevant authority” means any person, authority or body, other than the Secretary of State, named in any of the provisions of this Order and whose consent, agreement or approval is sought; and “requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement. Applications made under provisions of this Order 2 (1) Where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (including consent, agreement or approval in respect of part of a requirement) the relevant authority must give notice to the undertaker of their decision on the application within— (a) in respect of all provisions (including the requirements in Schedule 2 (requirements)) a period of 56 days beginning with the day immediately following that on which the application is received by the relevant authority; (b) where further information is requested under paragraph 3 of this Schedule (further information and consultation), a period of 56 days beginning with the day immediately following that on which further information has been supplied by the undertaker; or (c) such period that is longer than the periods in sub-paragraphs (a) or (b) as may be agreed in writing by the undertaker and the relevant authority before the end of such period. (2) In determining any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order (including consent, agreement or approval in respect of part of a requirement), 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 reasonable conditions the relevant authority must provide its reasons for that decision within the notice of the decision. (3) Subject to sub-paragraph (4), in the event that 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. (4) Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, and— (a) the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or (b) the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement. then the application is to be taken to have been refused by the relevant authority at the end of that period. (5) The undertaker must include in any application made to the relevant authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order a statement that the provisions of sub-paragraph (3) apply and, if the application fails to do so, it is to be null and void. (6) In the case of requirements in respect of which— (a) West Suffolk Council is the discharging authority under Schedule 2 of this Order, West Suffolk Council must consult with Suffolk County Council; (b) Suffolk County Council is the discharging authority under Schedule 2 of this Order, Suffolk County Council must consult with West Suffolk Council; (c) East Cambridgeshire District Council is the discharging authority under Schedule 2 of this Order, East Cambridgeshire District Council must consult with Cambridgeshire County Council; and (d) Cambridgeshire County Council is the discharging authority under Schedule 2 of this Order, Cambridgeshire County Council must consult with East Cambridgeshire District Council. Further information and consultation 3 (1) In relation to any application made under paragraph 2, the relevant authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application. (2) In the event that the relevant authority considers additional further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required the relevant authority must, within 14 business days of receipt of the application, notify the undertaker in writing specifying the additional further information required. (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within five business days of receipt of the application, and must notify the undertaker in writing specifying any additional further information requested by the requirement consultee within 14 business days of receipt of the application. (4) In the event that the relevant authority does not give notification as specified in sub-paragraph (2) or (3) it is to be deemed to have sufficient information to consider the application and is not thereafter entitled to request additional further information without the prior agreement of the undertaker. Appeals 4 (1) The undertaker may appeal in the event that— (a) the relevant authority refuses (including a deemed refusal pursuant to paragraph 2(4)) an application for any consent, agreement or approval required by an article or requirement included in this Order or grants it subject to conditions; (b) on receipt of a request for further information pursuant to paragraph 3 the undertaker 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 (c) on receipt of any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application. (2) The appeal process is to be as follows— (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination giving rise to the appeal referred to in sub-paragraph (1); (b) the undertaker 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 required to be consulted pursuant to the provision of this Order which is the subject of the appeal (together with the undertaker, these are the “appeal parties”); (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for his attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2); (d) the relevant authority and any consultee required to be consulted pursuant to the provision of this Order which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 20 business days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; (e) the undertaker must make any counter-submissions to the appointed person within 20 business days of receipt of written representations pursuant to sub-paragraph (d) above; and (f) the appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 business days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e). (3) The appointment of the 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 him to consider the appeal he must, notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2). (5) Any further information required pursuant to sub-paragraph (4) must be provided by the appeal parties to the appointed person on the date specified by the appointed person (the “specified date”), and 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 any written representations on the submitted further information to the appointed person within 10 business days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(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 or determination 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 him in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within 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 him 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 to be 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 judicial review. (10) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval 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 must be met by the undertaker. (12) On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties 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 Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it. Fees 5 (1) Where an application is made to the relevant authority for consent, agreement or approval in respect of a requirement only, a fee is to be paid to that relevant authority as follows— Requirement | Fee Category 1: Design and management approval – first application made under a requirement to the relevant authority Requirement 6: Detailed design approval Requirement 8: Landscape and ecology management plan Requirement 10: Stone curlew Requirement 11: Fencing and other means of enclosure Requirement 12: Surface and foul water drainage Requirement 14: Construction environmental management plan Requirement 15: Operational environmental management plan Requirement 21: Permissive paths Requirement 22: Decommissioning and restoration | £2,028 Category 2: Design approval – subsequent applications made under a requirement to the relevant authority following the first application pursuant to Category 1 Requirement 6: Detailed design approval Requirement 8: Landscape and ecology management plan Requirement 10: Stone curlew Requirement 11: Fencing and other means of enclosure Requirement 12: Surface and foul water drainage Requirement 14: Construction environmental management plan Requirement 15: Operational environmental management plan Requirement 21: Permissive paths Requirement 22: Decommissioning and restoration | £462 Category 3a: re-approvals for applications made under Category 1 and 2, and applications made under Requirement 5 (i) In respect of any Category 1 or Category 2 requirement where an application is made for discharge in respect of which an application has been made previously; and (ii) Requirement 5: Approved details and amendments to them | £462 Category 3b: re-approvals for applications made under Category 4 In respect of re-approvals of matters previously approved under Category 4. | £116 Category 4: all applications made under other requirements set out below Requirement 3: Phasing of the authorised development and date of final commissioning Requirement 7: Fire safety management Requirement 13: Archaeology Requirement 16: Construction traffic management plan Requirement 17: Operational noise Requirement 18: Ground conditions Requirement 19: Water management plan Requirement 20: Skills, supply chain and employment Requirement 23: Crash site exclusion area Requirement 24: Public rights of way | £116 (2) Any fee paid under this Schedule must be refunded to the undertaker if the relevant authority fails to determine the application within 8 weeks, unless— (a) within that period the undertaker agrees, in writing, to a longer period; or (b) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant authority and credited in respect of a future application to be made under this Schedule.