Paragraph 32 DecommissioningI1

England, Wales and Scotland

(1)

Within 12 months (or such longer period as may be agreed in writing with the relevant planning authority) of the date that any part of the authorised development permanently ceases operation, the undertaker must submit to the relevant planning authority for its approval (following consultation with Sembcorp and the Environment Agency)—

(a)

a decommissioning environmental management plan for that part; and

(b)

evidence that any necessary planning consents have been granted for decommissioning in relation to that part.

(2)

No decommissioning works must be undertaken until the relevant planning authority has—

(a)

approved the plan submitted for that part submitted pursuant to sub-paragraph (1)(a); and

(b)

confirmed in writing that it is satisfied as to the evidence submitted for that part pursuant to sub-paragraph (1)(b).

(3)

Where the relevant planning authority notifies the undertaker that the information submitted pursuant to sub-paragraph (1) is not approved, the undertaker must within a period of 2 months from the notice (or such other period as may be agreed with the relevant planning authority) make a further submission pursuant to sub-paragraph 1 to the relevant planning authority, unless it has submitted an appeal to the Secretary of State against the decision of the relevant planning authority pursuant to sub-paragraph 409(1) of Schedule 13.

(4)

Where the undertaker has submitted an appeal pursuant to sub-paragraph 409(1) of Schedule 13 against the decision of the relevant planning authority to not approve the information submitted pursuant to sub-paragraph (1), and the Secretary of State notifies the undertaker that the appeal has been dismissed, the undertaker must within a period of 2 months from the notice from the Secretary of State (or such other period as may be agreed with the relevant planning authority) make a further submission pursuant to sub-paragraph (1) to the relevant planning authority.

(5)

The plan submitted pursuant to sub-paragraph (1)(a) must include details of—

(a)

the buildings to be demolished and the apparatus to be removed;

(b)

where apparatus is proposed to be left in-situ and not removed, the steps to be taken to decommission such apparatus and ensure it remains safe;

(c)

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

(d)

the phasing of the demolition and removal works;

(e)

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

(f)

the phasing of any restoration works;

(g)

a timetable for the implementation of the scheme;

(h)

traffic management arrangements during any demolition, removal and remediation works; and

(i)

the monitoring and control of noise.

(6)

The plan submitted pursuant to sub-paragraph (1)(a) must be implemented as approved unless otherwise agreed with the relevant planning authority.

Annotations

Commencement

I1: Sch. 2 para. 32 in force at 11.3.2024, see art. 1