The Steeple Renewables Project Order 2026

SCHEDULE 2 REQUIREMENTS

Articles 2 and 39 PART 1 REQUIREMENTS Time limits 1 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 2 (1) The authorised development must not commence 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 with respect of 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 3 (1) No phase of the authorised development can 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; and (i) programme for landscaping works, relating to that phase have been submitted to and approved in writing by the local planning authority in consultation with the highway authority and street authority in relation to sub-paragraph (1)(f). (2) The details submitted must accord with the— (a) site location plan; (b) works plans; (c) outline design principles; and (d) details under requirements 6 (landscape and ecological management plan), 17 (fencing and other means of enclosure), 18 (surface and foul water drainage) and 19 (archaeology) of this Schedule. (3) The authorised development must be carried out in accordance with the approved details. Implementation and maintenance of landscaping 4 (1) All landscaping works must be carried out in accordance with the landscape and ecology management plan approved under requirement 6 (landscape and ecology 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) 5 (1) No phase of the authorised development can commence until an AMS for that phase has been submitted to and approved by the local planning authority. (2) Any AMS submitted for approval must be in accordance with the tree retention and removal plan (3) Each phase of the authorised development must comply with the AMS approved pursuant to sub-paragraph (1) for the duration of the works in the phase of the authorised development to which the AMS relates. Landscape and ecology management plan (LEMP) 6 (1) No phase of the authorised development can commence until a written 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, planting of wildflowers and other measures including the erection of bat roosts and bird nesting features and a community orchard; (c) details of ongoing management including a seasonal grazing regime and other measures including the annual review of the need for additional mitigation planting works, 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 all relevant pre-construction, construction, post-construction and operational survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national and regional environmental recording schemes; and (f) landscaping details. (3) The LEMP must be implemented in accordance with the scheme approved pursuant to sub-paragraph (1) and the implemented measures thereafter maintained throughout the operation of the relevant part of the authorised development to which the plan relates in accordance with the LEMP. Skylark mitigation strategy 7 (1) No part of Work No. 1 may commence until a skylark mitigation strategy in relation to that part has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided. (2) The skylark mitigation strategy must be in accordance with the principles set out in the outline skylark mitigation strategy and include— (a) an assessment of the suitability of individual fields in the Eastern and Western Mitigation Areas for conversion to a spring-cropping regime with retained winter stubble. If the fields suitable for conversion under the outline skylark mitigation strategy are not to be adopted, a written explanation must be provided to the Secretary of State; (b) the location(s) of where the mitigation measures will be delivered and the ecological suitability of that location or locations, including details of the capacity and ability of the mitigation areas to successfully mitigate for the impact of the authorised development on skylark; (c) confirmation that the necessary landowner agreement(s) are in place; (d) an implementation timetable for delivery of the mitigation measure, including any arrangements made with a third party for implementation of the measures; (e) details for the ongoing management and maintenance of the mitigation measures; (f) details for the ongoing monitoring and reporting of the effectiveness of the mitigation measures including— (i) survey methods; (ii) survey programmes; (iii) success criteria; and (iv) timescale for the monitoring reports to be delivered under sub-paragraph (4); (g) details of any adaptive management or remediation measures, including the identification and justification of thresholds (including an assessment of the relevance of national, regional and county level population trends) used to trigger any alternative or adaptive management measures; and (h) details of how survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant ecological recording schemes. (3) The undertaker must implement the measures set out in the skylark mitigation strategy as approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided. (4) Results from the monitoring and reporting scheme referred to in paragraph (2)(f) must be submitted to the Secretary of State, the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided following the monitoring timetables set out in the outline skylark mitigation strategy. This must include details of the effectiveness of the mitigation measures delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the mitigation measures delivered have been ineffective, the undertaker must provide proposals for any alternative or adaptive management measures to address this. Any proposals to address the ineffectiveness of mitigation measures must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the mitigation measure is to be provided. Biodiversity net gain 8 (1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority for that part, in consultation with the relevant statutory nature conservation body. (2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 10% biodiversity net gain in area-based habitat units, a minimum of 10% biodiversity net gain in hedgerow units, and 10% biodiversity net gain in watercourse units for all of the authorised development during the operation of the authorised development, using the Department of Environment, Food and Rural Affairs’ 4.0 metric to calculate those percentages (or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body). (3) The biodiversity net gain strategy must be maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Construction environmental management plan (CEMP) 9 (1) No phase of the authorised development can commence until a CEMP for that phase has been submitted to and approved by the local planning authority in consultation with the Environment Agency and Natural England. (2) Any CEMP submitted for approval must be in accordance with the outline CEMP. (3) 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) site waste and materials management measures; (e) pollution control measures to prevent the introduction of any hazardous substances; (f) a water quality and silt management plan; (g) security measures and use of artificial lighting; (h) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction; (i) details of out of hours working procedures; (j) 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 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; (k) details of the method of species protection during the construction stage of the authorised development; (l) environmental monitoring plan; (m) details of how all relevant pre-construction, construction, post-construction and operational survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national and regional environmental recording schemes; (n) flood risk management measures including surface water management; and (o) a habitats constraints plan. (4) All construction works associated with a relevant phase must adhere to the approved CEMP for that phase. (5) Pre-commencement establishment of construction compounds, preparation of land for construction, construction area fencing and installation of 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. (6) For the purposes of this paragraph “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 can commence until a CTMP covering that phase, prepared 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 this paragraph “commence” includes any site preparation works comprising site clearance (including vegetation removal, demolition of existing buildings and structures). Operational environmental management plan (OEMP) 11 (1) No phase of the authorised development can commence until an OEMP prepared in accordance with the outline OEMP for that phase has been submitted to and approved by the local planning authority in consultation with the Environment Agency on matters related to its functions. (2) The OEMP must include details of— (a) nuisance management including measures to avoid or minimise the impacts of operational works (covering dust, noise, lighting and vibration); (b) associated traffic movements, including delivery vehicles and staff operation/vehicle movements; (c) detailed operational drainage plan; and (d) measures for the replacement of damaged solar panels. (3) The OEMP must be implemented in accordance with the scheme as approved pursuant to sub-paragraph (1) and the implemented measures thereafter maintained throughout the operation of the relevant part of the authorised development to which the plan relates in accordance with the OEMP. Fire risk management plan (FRMP) 12 (1) Work No. 2 must not commence until a FRMP is submitted to and approved by the local planning authority in consultation with the Environment Agency and the Nottinghamshire Fire and Rescue Service on matters related to their functions. (2) The submitted FRMP must either be in accordance with the outline FRMP or otherwise detail such changes as the undertaker considers are required. (3) The FRMP must be implemented in accordance with the scheme as approved pursuant to sub-paragraph (1) and the implemented measures thereafter maintained throughout the construction, maintenance, operation and decommissioning of the authorised development in accordance with the FRMP. Soil management plan (SMP) 13 (1) No phase of the authorised development can commence until an SMP prepared in accordance with the outline SMP for that phase has been submitted to and approved by the local planning authority in consultation with Natural England. (2) The SMP must be implemented in accordance with the scheme as approved pursuant to sub-paragraph (1) and the implemented measures thereafter maintained throughout the operation of the relevant part of the authorised development to which the plan relates in accordance with the approved SMP. Land contamination 14 (1) No phase of the authorised development, and no part of the site preparation works for the phase comprising remedial work in respect of any contamination, can 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 authorise 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 risk assessment 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 15 (1) No phase of the authorised development can commence and no decommissioning will be undertaken until a public rights of way management plan (as part of the outline CTMP) 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) the locations of any public rights of way to be temporarily closed; (d) the hours of proposed works effecting public rights of way; and (e) measures to safeguard users of public rights of way during construction of the authorised development. (3) The plan must be implemented and thereafter maintained in accordance with the details approved under sub-paragraph (1). Operational noise 16 (1) No phase of the authorised development can 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 OEMP 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 17 (1) No phase of the authorised development can 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 3(1) of this Schedule. (2) No site preparation works can commence 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. (3) Any proposed temporary fences, walls or other means of enclosure for the site preparation works must be carried out in accordance with the approved details. (4) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development. (5) Any permanent fencing must be completed before the date of final commissioning of the authorised development in accordance with the written details established by sub-paragraph (1) and thereafter maintained in accordance with the approved details. (6) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used. (7) For the purposes of this paragraph “commence” includes any site preparation works. Surface and foul water drainage 18 (1) No phase of the authorised development can 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 in consultation with the Environment Agency and lead local flood authority on matters related to its functions. (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 the surface water drainage strategy. (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 19 (1) No phase of the authorised development, and no part of the site preparation works for that phase, can commence until— (a) a scheme for additional trial trenching for that phase has been submitted to and approved by the local planning authority in consultation with the county archaeologist; (b) additional trial trenching has been carried out in accordance with the scheme approved pursuant to sub-paragraph (1)(a); and (c) an archaeological written scheme of investigation (WSI) for that phase, taking into account the results of the additional trial trenching pursuant to sub-paragraph (1)(b), 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 an approved WSI must be carried out by an organisation registered within 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 WSI prepared pursuant to this paragraph must— (a) include a scheme for each phase or mitigation work setting out where archaeological work is required and to ensure appropriate measures from protection, preservation and recording of archaeological remains; (b) include measures for post-excavation analysis, reporting, publication and archiving for appropriate archaeological remains; and (c) be in substantial accordance with the outline WSI. (4) Any archaeological works must be carried out in accordance with the approved WSI, including post-excavation analysis, reporting, publication and archiving. (5) For the purposes of this paragraph only, any works undertaken in pursuance of sub-paragraph (1)(b) are excluded from the definition of “commence” in article 2 of this Order. Permissive path 20 (1) Where a phase of the authorised development includes 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 can 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 3(1) of this Schedule. (3) The permissive path must be maintained and access by the public permitted for 364 days a year, except where the undertaker determines that closure is required for maintenance or an emergency, until commencement of decommissioning of the authorised development pursuant to requirement 23 (decommissioning and restoration) of this Part of this Schedule. Construction hours 21 (1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of— (a) 07:00 to 18:00 Monday to Friday; and (b) 08:00 to 13:30 on Saturday. (2) The following works are permitted outside the hours referred to in sub-paragraph (1)— (a) Delivery of abnormal loads; (b) Cable works where situated within a public highway; (c) Trenchless cable construction works, including horizontal directional drilling activities; (d) emergency works; and (e) works which do not cause noise that is audible at the boundary of the Order limits. (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. Protected species 22 (1) No phase of the authorised development can commence until protected species surveys have been carried out by a suitably qualified person. The surveys will inform the mitigation measures required for the protection of such species, which will be incorporated into a species protection plan that will include a scheme of protection and mitigation. (2) The species protection plan must be agreed with the local planning authority in consultation with Natural England and implemented as approved. (3) In this paragraph, “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 23 (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 2 (phasing of the authorised development and date of final commissioning) of this Schedule 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 Bassetlaw District Council and Nottinghamshire County Council) for approval a decommissioning plan and a decommissioning traffic management plan for that part. (2) Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1. (3) The plans submitted and approved must be substantially in accordance with the relevant part of the outline decommissioning plan. (4) The decommissioning 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; (b) a waste management strategy; (c) 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; and (d) details of the method of species protection during the decommissioning stage of the authorised development. (5) Decommissioning works must not 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. (6) 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. (7) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. Supply chain, employment and skills 24 (1) No phase of the authorised development can commence until a supply chain, employment and skills plan in relation to that part has been submitted to and approved by the local planning authority. (2) The supply chain, employment and skills plan must be substantially in accordance with the outline supply chain, employment and skills 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 supply chain, employment and skills plan must be implemented in accordance with the scheme as approved under sub-paragraph (1) and the implemented measures thereafter maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Requirement for written approval 25 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 26 (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 be subsequently approved in writing by the local planning authority. PART 2 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”. Consultation 28 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. Details of Consultation 29 (1) Where any paragraph in this Schedule requires the undertaker to consult with any person or body, the undertaker must— (a) notify the person or body of the effect of paragraph 28(3) (applications made under requirements) of this Schedule; (b) subject to sub-paragraph (2), provide that person or body with not less than 28 days from the provision of any documents being consulted upon for any response to the consultation; (c) give due consideration to any representations made by that person or body about the proposed application; and (d) include with its application to the local planning authority copies of any representations made by that person or body about the proposed application, and a written account of how any such representations have been taken into account in the submitted application. (2) The undertaker may consent, such consent not to be unreasonably withheld, to an extension of period in sub-paragraph (1)(b) so that a person or body has not less than 42 days from provision of any documents being consulted upon to provide a response to the consultation following a request made by a person or body no later than 21 days from receipt of any documents being consulted upon. (3) Where sub-paragraph (2) applies a person or body must provide a response to the consultation as soon as reasonably practicable. Applications made under requirements 30 (1) Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement (including consent, agreement, or approval in respect of part of a requirement) included in this Order, the relevant authority must give notice to the undertaker of its decision on the application within a period of eight weeksor such longer period as may be agreed in writing by the undertaker and the relevant authority, beginning with the later of— (a) the day immediately following that on which the application is received by the relevant authority; (b) where further information is requested under paragraph 31 (further information regarding requirements), the day immediately following that on which the further information has been supplied by the undertaker. (2) In determining any application made to the relevant authority for any consent, agreement or approval required by a requirement contained in Part 1 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) An application made pursuant to paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are. (4) 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. (5) For deemed consent under paragraph (4) to apply to any application for consent under paragraph (1), the application must include a statement that the provisions of paragraph (4) apply to that application. (6) If an application for consent under paragraph (1) does not include the statement required under paragraph (5), then the provisions of paragraph (4) will not apply to that application. Further information regarding requirements 31 (1) In relation to any application referred to in paragraph 30 (applications made under requirements), 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 contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the relevant authority must, within ten working days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the relevant authority must issue the application to the consultee within 14 days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within 14 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. (5) For deemed consent under paragraph (4) to apply to any application for consent under paragraph (1), the application must include a statement that the provisions of paragraph (4) apply to that application. (6) If an application for consent under paragraph (1) does not include the statement required under paragraph (5), then the provisions of paragraph (4) will not apply to that application. Appeals 32 (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 1 of this Schedule; or (ii) a document referred to in any requirement contained in Part 1 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 30(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 contained in Part 2 of this Schedule; (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 working 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 working 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 working 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)(c) to (e). (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, unless 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 1 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 33 (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 ten weeks from the relevant date in paragraph 30(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 30(1) of this Schedule.