OpenLegislation

Paragraph 21 Decommissioning and restorationI1

England and Wales As made

(1)

The date of decommissioning must be no later than 60 years following the date of final commissioning.

(2)

Unless otherwise agreed with the relevant planning authority to which this requirement applies, no later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify that relevant planning authority of the intended date of decommissioning for that part of the authorised development.

(3)

Unless otherwise agreed with the relevant planning authority to which this article applies, no later than ten weeks prior to the intended date of decommissioning of any part of the authorised development notified pursuant to sub-paragraph (2), the undertaker must submit to that relevant planning authority for that part a decommissioning plan for approval.

(4)

Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph.

(5)

The decommissioning plan must be substantially in accordance with the outline decommissioning statement and must include a timetable for its implementation.

(6)

No decommissioning works may be carried out until the relevant planning authority in relation to the works has approved the decommissioning plan submitted in relation to those works, in consultation with the Environment Agency and Natural England.

(7)

The decommissioning plan must be implemented as approved.

(8)

This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development.

Annotations

Commencement

I1

Sch. 2 para. 21 in force at 27.9.2024, see art. 1