Paragraph 43 DecommissioningI1

England, Wales and Scotland

(1)

Within six months after it decides to decommission the authorised development, the undertaker must submit to the planning authority for its approval a written decommissioning scheme.

(2)

Decommissioning works must not be carried out until the planning authority has approved the scheme.

(3)

The scheme submitted and approved must be in accordance with the principles set out in chapter 3 of the environmental statement.

(4)

The scheme submitted and approved must include details of—

(a)

the buildings to be demolished;

(b)

the means of removal of the materials resulting from the decommissioning works;

(c)

the phasing of the demolition and removal works;

(d)

any restoration works to restore the Order land to a condition agreed with the planning authority;

(e)

the phasing of any restoration works;

(f)

a timetable for the implementation of the scheme.

(5)

The undertaker must implement the scheme as approved and is responsible for the costs of the decommissioning works.

(6)

In subparagraph (5), “the undertaker” does not include a person to whom part of the benefit of this Order has been transferred or granted under article F18 (transfer of the benefit of this Order).

Annotations

Textual amendments

F1: Words in Sch. 2 para. 43(6) substituted (13.7.2016) by The Ferrybridge Multifuel 2 Power Station (Correction) Order 2016 (S.I. 2016/737), art. 1(2), Sch.

Commencement

I1: Sch. 2 para. 43 in force at 19.11.2015, see art. 1(2)