The Stonestreet Green Solar Order 2025

SCHEDULE 2 REQUIREMENTS

Article 2 PART 1 REQUIREMENTS Time limit 1 The authorised development must not be commenced after the expiration of five years beginning with the date on which this Order comes into force. Expiry of development consent 2 (1) The authorised development must cease generating electricity on a commercial basis no later than the 40th anniversary of the first export date. (2) Confirmation of the first export date must be provided by the undertaker to the local planning authority within one month of its occurrence. Phases of authorised development 3 (1) The authorised development must not be commenced until a written scheme setting out the phases and sequencing of construction of the authorised development has been submitted to and approved by the local planning authority. (2) The authorised development must be carried out in accordance with the phasing scheme approved pursuant to sub-paragraph (1). Detailed design approval 4 (1) No phase of the authorised development may be commenced until written 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) power and communications cables and pipelines; (i) fencing and other means of enclosure; (j) security measures; and (k) acoustic barriers, relating to that phase have been submitted to and approved by the local planning authority. (2) The written details that are submitted for approval pursuant to sub-paragraph (1) must accord with the design principles. (3) The authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1). Battery safety management plan 5 (1) Prior to the commencement of the BESS within Work No. 2, a BSMP must be submitted to and approved by the local planning authority in consultation with the Environment Agency and Kent Fire and Rescue Service. (2) The submitted BSMP must either accord with the outline BSMP or detail such changes as the undertaker considers are required. (3) The BSMP must be implemented as approved and maintained in accordance with the BSMP thereafter. Construction environmental management plan 6 (1) No phase of the authorised development may commence until a CEMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, Environment Agency and Kent County Council. (2) The CEMP for each phase of the authorised development must be in accordance with the outline CEMP. (3) All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CEMP for that phase. Construction traffic management plan 7 (1) No phase of the authorised development may commence until a CTMP for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority. (2) The CTMP for each phase of the authorised development must be in accordance with the outline CTMP. (3) All construction works associated with the authorised development in each phase must be carried out in accordance with the approved CTMP for that phase. (4) For the purposes of this requirement, “relevant highway authority” means the highway authority for the highways that are the subject of a CTMP submitted pursuant to sub-paragraph (1). Landscape and biodiversity 8 (1) The authorised development must not commence until a biodiversity design strategy has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency, Kent County Council and the relevant statutory nature conservation body. (a) The biodiversity design strategy must include details of how the strategy will secure a biodiversity net gain for all of the authorised development during the operation of the authorised development of at least 100% in area-based habitat units, at least 10% in hedgerow units, and at least 10% in watercourse units; calculated using the biodiversity metric published by the Department for Environment, Food & Rural Affairs on 12 February 2024, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body. (b) The biodiversity design strategy must be substantially in accordance with the outline LEMP, must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (2) No phase of the authorised development may commence until a LEMP covering that phase has been submitted to and approved by the local planning authority. (3) The LEMP for each phase of the authorised development must— (a) be in accordance with the outline LEMP, the biodiversity design strategy approved pursuant to sub-paragraph (1) and the design principles; (b) provide details of the proposed hard and soft landscape and biodiversity enhancement works including (in so far as is relevant)— (i) surveys, assessments and method statements; (ii) location, number, species, size, plant protection measures and planting density of any proposed planting and the location of areas to be seeded; (iii) cultivation, importing of materials and other operations to ensure plant establishment; and (iv) implementation timetables for all landscape and biodiversity enhancement works; and (c) provide details of how the landscape and biodiversity enhancement measures will be managed and maintained during the operation of the authorised development. (4) All landscape and biodiversity enhancement works associated with the authorised development in each phase must be carried out in accordance with the approved LEMP for that phase. (5) For the purposes of sub-paragraph (2), “commence” includes part (b) (site clearance and/or vegetation works) of the site enabling works. Archaeology 9 (1) No phase of the authorised development may commence until the details specified in sub-paragraph (2) for that phase have been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council. (2) The details for each phase to be submitted pursuant to sub-paragraph (1) must— (a) include a written scheme for the investigation of areas of archaeological interest within that phase; (b) identify any areas where a programme of archaeological investigation is required within that phase and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found; and (c) be generally in accordance with the AMS. (3) Any archaeological works or programme of archaeological investigation carried out pursuant to the details approved under sub-paragraph (1) must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute. (4) Any archaeological works or programme of archaeological investigation for a phase of the authorised development must be carried out in accordance with the details approved pursuant to sub-paragraph (1) for that phase. Public rights of way 10 (1) No phase of the authorised development incorporating any part of a public right of way which is to be temporarily closed or permanently stopped up pursuant to article 17 (public rights of way – stopping up and vehicular use on public rights of way) may commence until a RoWAS for the phase has been submitted to and approved by the local planning authority, such approval to be in consultation with Kent County Council. (2) The RoWAS submitted pursuant to sub-paragraph (1) must— (a) include details of measures to minimise the distance of any sections of the public right of way to be temporarily closed or permanently stopped up; (b) include details of advance publicity and signage in respect of any sections of public rights of way to be temporarily closed or permanently stopped up; and (c) be generally in accordance with the outline RoWAS. (3) The RoWAS for each phase of the authorised development must be implemented as approved and maintained for that phase. Operational surface water drainage strategy and flood compensation storage 11 (1) No phase of the authorised development may commence until— (a) an OSWDS for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency and the lead local flood authority; and (b) a detailed floodplain compensation scheme for that phase has been submitted to and approved by the local planning authority, such approval to be in consultation with the Environment Agency. (2) The OSWDS for each phase of the authorised development must be in accordance with the outline OSWDS. (3) The OSWDS for each phase of the authorised development must be implemented as approved. (4) When considered as a whole across all phases of the authorised development, the detailed floodplain compensation schemes approved pursuant to paragraph (1)(b) must include mitigation measures that are in accordance with the measures described in Appendix 10.2: Flood Risk Assessment of the environmental statement relating to flood storage upstream and downstream of the Aldington Flood Storage Area embankment. (5) The detailed floodplain compensation scheme for each phase of the authorised development must be implemented and maintained as approved. Operational management plan 12 (1) Prior to the operation of the authorised development, an OMP must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body and the Environment Agency. (2) The OMP must be in accordance with the outline OMP. (3) The OMP must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the OMP relates. Operational noise mitigation and monitoring scheme 13 (1) Prior to the operation of Work No. 2 or Work No. 3, an ONMMS must be submitted to and approved by the local planning authority. (2) The ONMMS must— (a) include details of the plant specification, noise mitigation measures and monitoring procedures; and (b) demonstrate that, with those noise mitigation measures and monitoring procedures in place, the authorised development is not likely to result in any materially new or materially different noise effects from those assessed in Volume 2, Chapter 14 (Noise) of the environmental statement. (3) The ONMMS must be implemented as approved. Decommissioning and site restoration 14 (1) Decommissioning works must commence no later than the 40th anniversary of the first export date. (2) Prior to commencement of any decommissioning works for any part of the authorised development— (a) a DEMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant statutory nature conservation body, the Environment Agency and Kent County Council; and (b) a DTMP for that part must be submitted to and approved by the local planning authority, such approval to be in consultation with the relevant highway authority. (3) The DEMP must be in accordance with the outline DEMP and the DTMP must be in accordance with the outline DTMP. (4) The DEMP and DTMP must be implemented as approved for the relevant part of the authorised development. (5) For the purposes of this paragraph, “relevant highway authority” means the highway authority for the highways that are the subject of a DTMP submitted pursuant to paragraph 14(2)(b). Requirement for written approval 15 Where the approval, agreement or confirmation of the Secretary of State, the 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 16 (1) With respect to the documents certified in accordance with article 41 (certification of plans, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the local planning authority for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the local planning authority, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the local planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Applications made under requirements 17 (1) Where an application has been made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the local planning authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with— (a) the day immediately following that on which the application is received by the local planning authority; or (b) where further information is requested under paragraph 18 the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the local planning authority. (2) In determining any application made to the local planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the local planning 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 local planning authority must provide its reasons for that decision with the notice of the decision. Further information regarding requirements 18 (1) In relation to any application referred to in paragraph 17, the local planning authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) In the event that the local planning authority considers such 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 local planning authority must, within 20 business days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the local planning authority must issue the consultation to the requirement consultee within 10 business days of receipt of the application, and must notify the undertaker in writing specifying any further information the local planning authority considers necessary or that is requested by the requirement consultee within 10 business days of receipt of such a request and in any event within 20 business days of receipt of the application (or such other period as is agreed in writing between the undertaker and the local planning authority). (4) In the event that the local planning authority does not give notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker. (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraphs 17 and 18. Appeals 19 (1) Where the undertaker makes an application to the local planning authority, the undertaker may appeal to the Secretary of State in the event that— (a) the local planning 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 local planning authority does not determine such an application within the time period set out in paragraph 17(1), or grants it subject to conditions; (c) on receipt of a request for further information pursuant to paragraph 18 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the local planning authority is not necessary for consideration of the application; or (d) on receipt of any further information requested, the local planning 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 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, or (where no determination has been made) the expiry of the time period set out in paragraph 17(1), 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 local planning authority and any consultee specified under the relevant requirement contained in Part 1 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 local planning 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 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 ten business days of receipt of written representations pursuant to 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 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)(c) to (2)(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 local planning 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) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the local planning authority, the reasonable costs of the appointed person are to be met by the undertaker. (11) On application by the local planning authority or the undertaker, 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 the guidance on costs in the Planning Practice Guidance or any official circular or guidance which may from time to time replace it.