Paragraph 22 Decommissioning and restorationI1
England and Wales
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 4 (phasing of the authorised development and date of final commissioning), the undertaker must submit a decommissioning environmental management plan and a decommissioning traffic management plan for that part.
The plans must be submitted to the local planning authority for that part (or both local planning authorities where that part falls within the administrative areas of both South Derbyshire District Council and Derbyshire County Council) for approval.
Decommissioning must commence no later than 40 years following the date of final commissioning of the first phase of Work No. 1.
The undertaker must provide notice to the local planning authority once any part of the authorised development stops generating electricity for more than 6 months. If, by expiry of the period of 12 continuous months beginning with the date of the notice, and unless otherwise agreed in writing by the undertaker and the relevant local planning authority, that part of the authorised development does not re-generate electricity, then within 3 months 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 both South Derbyshire District Council and Derbyshire County Council) for approval a decommissioning environmental management plan and a decommissioning traffic management plan for that part.
The plans submitted and approved must be substantially in accordance with the relevant part of the outline decommissioning environmental management plan.
The decommissioning environmental management plan submitted and approved must include—
a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials; and
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 1981f1 applies.
No decommissioning works may 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.
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.
This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.
Annotations
Commencement
- I1
Sch. 1 para. 22 in force at 11.7.2025, see art. 1
Footnotes
- f1