SCHEDULES

Article 3

SCHEDULE 2REQUIREMENTS

PART 1REQUIREMENTS

1.  In this Part of this Schedule—

“asset management plan” means the document of that description certified by the Secretary of State as the asset management plan for the purposes of this Order under article 51 (certification of plans etc.) or any revision to it as may be agreed from time to time with the relevant planning authority;

“biodiversity net gain report” means the biodiversity net gain report as certified by the Secretary of State as the biodiversity net gain report for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“code of construction practice” means the code of construction practice Part A and the code of construction practice Part B as certified by the Secretary of State as the code of construction practice Part A and the code of construction practice Part B for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“commissioning” means the commissioning process for the authorised development as described in the outline commissioning plan;

“community liaison plan” means the document of that description certified by the Secretary of State as the community liaison plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“construction workers travel plan” means the document of that description certified by the Secretary of State as the construction workers travel plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“construction traffic management plan” means the document of that description certified by the Secretary of State as the construction traffic management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time within the relevant planning authority;

“decommissioning” means the process for decommissioning the existing Cambridge waste water treatment works as described in the outline decommissioning plan;

“design code” means the document of that description certified by the Secretary of State as the design code for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“drainage strategy” means the document of that description as certified by the Secretary of State as the drainage strategy for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time within the relevant planning authority;

“enabling phase” means the initial phase of the authorised development comprising the carrying out of the enabling works;

“enabling works” comprise the following works as more particularly detailed in paragraph 3.1.6 and paragraph 3.4.1 of chapter 2 (project description) of the environmental statement (Document number 5.2.2 as described in column (2) of Schedule 18)—

“framework archaeological investigation mitigation strategy” means the document of that description certified by the Secretary of State as the framework archaeological investigation mitigation strategy for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“lighting design strategy” means the document of that description as certified by the Secretary of State as the lighting design strategy for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“odour impact assessment” means the document of that description as certified by the Secretary of State as the odour impact assessment for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“operational workers travel plan” means the document of that description certified by the Secretary of State as the operational workers travel plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline carbon management plan” means the document of that description certified by the Secretary of State as the outline carbon management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline commissioning plan” means the document of that description certified by the Secretary of State as the outline commissioning plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline decommissioning plan” means the document of that description certified by the Secretary of State as the outline decommissioning plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline operational logistics traffic plan” means the document of that description certified by the Secretary of State as the outline operational logistics traffic plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline outfall management and monitoring plan” means the document of that description certified by the Secretary of State as the outline outfall management and monitoring plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline soil management plan” means the document of that description certified by the Secretary of State as the outline soil management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“outline water quality monitoring plan” means the document of that description certified by the Secretary of State as the outline water quality monitoring plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“phase” means the enabling phase and any subsequent phase of the authorised development as described in the latest phasing scheme approved by the relevant planning authority under requirement 3;

“preliminary odour management plan” means the document of that description certified by the Secretary of State as the preliminary odour management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority;

“wildlife hazard management plan” means the document of that description certified by the Secretary of State as the wildlife hazard management plan for the purposes of this Order under article 51 or any revision to it as may be agreed from time to time with the relevant planning authority.

Time limit

2.  The authorised development must not commence after the expiry of five years from the date on which this Order comes into force.

Phasing

3.—(1) Save for the enabling phase, the authorised development must not be commenced until a written scheme setting out the subsequent phase or phases of construction of the authorised development and the works to form part of each phase has been submitted to and approved by the relevant planning authority.

(2) The scheme submitted under sub-paragraph (1) must confirm whether the undertaker intends to construct either a CHP or gas to grid facility as part of Work No. 9.

(3) Save for the enabling phase, the authorised development must be carried out in accordance with the approved phasing scheme or any subsequently approved amendment or variation to it.

Parameters of authorised development

4.  The elements of the authorised development listed in column (1) of the tables in Schedule 14 (parameters) must not exceed the maximum parameters set out for those elements in columns (2), (3), (4) and (5) of those tables as applicable.

Requirement for written approval

5.—(1) Where the approval, agreement or confirmation of the relevant planning authority or another person is required under a requirement that approval or confirmation must be given in writing.

(2) Where any approval, agreement or confirmation of the relevant planning authority or another person is provided that relates to more than one phase or part, such approval, agreement or confirmation is taken to be provided for all such phases or parts without the need to seek multiple approvals, agreements or confirmations for the same details.

Approved details and amendments to them

6.—(1) With respect to any requirement which requires details to be submitted in accordance with a document listed in requirement 1, the relevant planning authority may approve an amendment or variation to such a document in writing in accordance with sub-paragraph (3).

(2) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority, the authorised development must be carried out in accordance with those details as approved unless an amendment or variation has previously been approved in writing by the relevant planning authority in accordance with sub-paragraph (3).

(3) Any amendments to or variations from documents or approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the relevant planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(4) The approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.

Detailed design

7.—(1) No phase of the authorised development is to commence until details of—

(a)the layout, scale, design and external appearance of any plant and buildings;

(b)the materials and finishes to be used to construct any buildings;

(c)hard and soft landscaping, boundary treatment, security fencing and signage, gates and ecological habitat creation;

(d)highway design;

(e)operational lighting;

(f)a construction method statement;

(g)details of electric vehicle parking provision; and

(h)in respect of Work No. 7 and Work No. 19, details of water conservation in the building design,

relating to the works proposed in that phase have been submitted to and approved in writing by the relevant planning authority.

(2) No phase incorporating Work Nos. 4 and 8 is to commence until details of the odour control unit locations and an updated odour assessment have been submitted demonstrating—

(a)that odour concentrations at receptor locations 1 - 6, 8 and 9 listed in Table 4.7 in the odour impact assessment and identified as discrete receptors 1 - 6, 8 and 9 on Figure 4.1 of chapter 18 (odour) of the environmental statement (Document number 5.2.18 as described in column (2) of Schedule 18) will be less than 1.5 of the modelled predicted odour exposure levels of C98 OUE/m3; and

(b)that odour concentrations at receptor location 7 listed in Table 4.7 in the odour impact assessment and identified as discrete receptor 7 on Figure 4.1 of chapter 18 (odour) of the environmental statement (Document number 5.2.18 as described in column (2) of Schedule 18) and at the footpaths to be created by Work No. 23(d) will be less than 1.5 of the modelled predicted odour exposure levels of C98 OUE/m3.

(3) The details submitted must accord with the design code.

(4) The details submitted in relation to operational lighting must accord with the details set out in the lighting design strategy.

(5) Each phase must be carried out in accordance with the approved details for that phase.

Code of construction practice

8.—(1) Each phase must be undertaken in accordance with the code of construction practice in so far as it relates to the works proposed in the relevant phase.

(2) Where a document referred to in the code of construction practice is submitted for approval to the relevant planning authority under a requirement specified in this Part of this Schedule the submitted document must accord with details specified in the code of construction practice for that document in so far as those details relate to works proposed in the relevant phase.

Construction environmental management plans

9.—(1) No phase of the authorised development is to commence until a construction environmental management plan for that phase has been submitted to and approved by the relevant planning authority.

(2) Any construction environmental management plan submitted for approval must incorporate the measures specified in the code of construction practice as being contained within a construction environmental management plan in so far as they are relevant to the works proposed within the phase to which the submitted construction environmental management plan relates, and—

(a)where the construction environmental management plan relates to the enabling phase, include or be accompanied by the following management plans relating to the enabling works—

(i)a detailed community liaison plan which must accord with the measures set out in the community liaison plan;

(ii)an emergency preparedness plan;

(iii)a pollution incident control plan;

(iv)a detailed wildlife hazard management plan which must accord with the measures set out in the wildlife hazard management plan relating to construction;

(v)a detailed soil management plan which must accord with the measures set out in the outline soil management plan;

(vi)a detailed construction water quality monitoring plan which must accord with the measures set out in the outline water quality monitoring plan relating to construction;

(vii)a detailed construction traffic management plan which must accord with the measures set out in the construction traffic management plan;

(viii)a detailed construction workers travel plan which must accord with the construction workers travel plan;

(ix)a noise and vibration management plan;

(x)an air quality management plan;

(xi)a site waste management plan; and

(xii)a materials management plan;

(b)where the construction environmental management plan relates to any phase other than the enabling phase, include or be accompanied by the following management plans relating to the works proposed in that phase—

(i)a detailed community liaison plan which must accord with the measures set out in the community liaison plan;

(ii)an emergency preparedness plan;

(iii)a pollution incident control plan;

(iv)a detailed wildlife hazard management plan which must accord with the measures set out in the wildlife hazard management plan relating to construction;

(v)a detailed soil management plan which must accord with the measures set out in the outline soil management plan;

(vi)a detailed construction water quality monitoring plan which must accord with the measures set out in the outline water quality monitoring plan relating to construction;

(vii)a detailed construction traffic management plan which must accord with the measures set out in the construction traffic management plan;

(viii)a detailed construction workers travel plan which must accord with the construction workers travel plan;

(ix)a noise and vibration management plan;

(x)an air quality management plan;

(xi)a site waste management plan;

(xii)a materials management plan;

(xiii)a detailed commissioning plan where the relevant phase includes commissioning which must accord with the outline commissioning plan; and

(xiv)where the relevant phase includes decommissioning, a detailed decommissioning plan which must accord with the outline decommissioning plan and which must include a timescale for completion of the decommissioning.

(3) Each phase must be carried out in accordance with the approved construction environmental management plan and associated management plans for that phase.

(4) The construction environmental management plan and associated management plans for each phase are to be kept under review and amended if necessary as construction proceeds and any amendments to the measures detailed in the approved construction environmental management plan or associated management plans must be undertaken in accordance with requirement 6.

Outfall

10.—(1) No phase of the authorised development comprising works within the area of Work No. 32 as shown on the works plans is to commence until a detailed construction outfall management and monitoring plan relating to the construction of works within that area has been submitted to and approved by the relevant planning authority following consultation by the relevant planning authority with Natural England, the Environment Agency and the relevant navigation authority.

(2) The detailed construction outfall management and monitoring plan submitted for approval must accord with the measures set out in the outline outfall management and monitoring plan relating to construction and must include—

(a)details of ditch habitat creation, monitoring and maintenance measures;

(b)details of any proposed restrictions on navigation on the river Cam during construction works;

(c)details of proposed communication of restrictions to river users and the relevant navigation authority; and

(d)details of public footpath diversions during construction and proposed reinstatement methods.

(3) The detailed construction outfall management and monitoring plan may be revised from time to time in accordance with requirement 6 following consultation with the Environment Agency, Natural England and the relevant navigation authority to reflect the requirements of any environmental permit, protected species licence or land drainage consent.

(4) Any works within the area of Work No. 32 must be carried out in accordance with the approved detailed construction outfall management and monitoring plan.

(5) The outfall forming part of Work No. 32 must not be brought into operational use until a detailed operational outfall management and monitoring plan has been submitted to and approved by the relevant planning authority following consultation by the relevant planning authority with Natural England, the Environment Agency and the relevant navigation authority.

(6) The detailed operational outfall management and monitoring plan submitted for approval must accord with the measures set out in the outline outfall management and monitoring plan relating to the operation of the outfall and must include—

(a)details of proposal for monitoring scour and bank erosion;

(b)potential adaptive management measures in the event of erosion arising from outfall operation;

(c)the circumstances in which adaptive management measures will be deployed; and

(d)details of ditch monitoring and maintenance measures.

(7) The detailed operational outfall management and monitoring plan may be revised from time to time in accordance with requirement 6 following consultation with the Environment Agency, Natural England and the relevant navigation authority to reflect the requirements of any environmental permit, protected species licence or land drainage consent.

(8) The detailed operational outfall management and monitoring plan must be implemented as approved upon commencement of operation of the outfall.

Landscape, ecological and recreational management plan

11.—(1) No phase of the authorised development is to commence until a detailed LERMP has been submitted to and approved by the relevant planning authority following consultation by the relevant planning authority with Natural England and the Environment Agency.

(2) The detailed LERMP submitted for approval must accord with the measures set out in the LERMP.

(3) The construction and operation of the authorised development must be carried out in accordance with the approved detailed LERMP.

Operational workers travel plan

12.—(1) Prior to the operation of the authorised development a detailed operational workers travel plan must be submitted to and approved in writing by the relevant planning authority.

(2) The detailed operational workers travel plan must accord with the measures set out in the operational workers travel plan.

(3) The detailed operational workers travel plan must be implemented upon commencement of the operation of the authorised development.

(4) The detailed operational workers travel plan may be revised from time to time in accordance with requirement 6.

Archaeological investigation mitigation strategy

13.—(1) No phase of the authorised development is to commence until—

(a)a detailed archaeological investigation mitigation strategy; and

(b)where required by the framework archaeological investigation mitigation strategy, a written scheme of investigation,

for that phase has been submitted to and approved in writing by the relevant planning authority.

(2) The detailed archaeological investigation mitigation strategy must accord with the measures set out in the framework archaeological investigation mitigation strategy.

(3) Each detailed archaeological investigation mitigation strategy and written scheme of investigation may be revised from time to time in accordance with requirement 6.

(4) Each phase must be carried out in accordance with the approved detailed archaeological investigation mitigation strategy and written scheme of investigation for that phase.

Construction lighting

14.—(1) No phase is to be commenced until a detailed construction lighting design strategy for that phase has been submitted to and approved in writing by the relevant planning authority.

(2) Each detailed construction lighting design strategy must accord with the measures set out in the lighting design strategy.

(3) Each phase must be carried out in accordance with the approved detailed construction lighting design strategy.

Drainage

15.—(1) Save for the enabling phase, no phase is to be commenced until a detailed drainage strategy for that phase setting out the permanent drainage measures to be provided as part of that phase has been submitted to and approved in writing by the relevant planning authority.

(2) Each detailed drainage strategy must accord with the measures set out in the drainage strategy in so far as they apply to the works in the relevant phase.

(3) Each phase must be carried out in accordance with the approved detailed drainage strategy.

Contamination risk

16.—(1) If, during the course of construction, contamination is discovered which was not previously identified in the environmental statement, construction must cease on that localised area of land within the Order limits and the contamination must be reported in writing to the relevant planning authority within 10 working days.

(2) Prior to the recommencement of construction on that localised area of land, suitable investigation and risk based land contamination assessment for the discovered contamination must be submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

(3) If the risk assessment of the contamination determines that remediation of the land is necessary, a written verification scheme and programme for the remedial measures to be taken to render the land fit for the authorised development must be submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

(4) Remediation must be carried out in accordance with the approved scheme.

Decommissioning

17.  The undertaker must commence decommissioning no later than 3 months following the completion of commissioning or such longer date as may be agreed with the relevant planning authority.

Operational Asset Management Plan

18.—(1) Prior to the operation of the authorised development, an operational asset management plan must be submitted to and approved by the relevant planning authority.

(2) The operational asset management plan must incorporate the measures set out in the asset management plan.

(3) The authorised development must be operated in accordance with the approved operational asset management plan.

(4) The operational asset management plan may be revised from time to time in accordance with requirement 6.

Operational logistics traffic plan

19.—(1) Prior to the operation of the authorised development a detailed operational logistics traffic plan must be submitted to and approved in writing by the relevant planning authority.

(2) The detailed operational logistics traffic plan submitted for approval must accord with the measures set out in the outline operational logistics traffic plan and must include—

(a)details of HGV delivery times; and

(b)HGV routeing and monitoring proposals.

(3) The detailed operational logistics traffic plan may be revised from time to time in accordance with requirement 6.

(4) The operation of the authorised development must be in accordance with the approved detailed operational logistics traffic plan.

Odour management plan

20.—(1) No commissioning is to take place until a detailed odour management plan has been submitted to and approved in writing by the relevant planning authority.

(2) The detailed odour management plan must be in accordance with the measures in the preliminary odour management plan and the principles and assessments set out in the relevant part of the environmental statement.

(3) The authorised development must be operated in accordance with the approved detailed odour management plan.

Carbon management plan

21.—(1) Prior to the operation of the authorised development a detailed carbon management plan must be submitted to and approved in writing by the relevant planning authority.

(2) The detailed carbon management plan submitted for approval must accord with the measures set out in the outline carbon management plan and must detail how the operation of the authorised development achieves carbon net zero.

(3) The detailed carbon management plan may be revised from time to time in accordance with requirement 6.

(4) The authorised development must be operated in accordance with the approved detailed carbon management plan.

Operational water quality monitoring plan

22.—(1) Prior to the operation of the authorised development a detailed operational water quality monitoring plan must be submitted to and approved by the relevant planning authority.

(2) The detailed operational water quality monitoring plan submitted for approval must accord with the measures set out in the outline water quality monitoring plan relating to operation and must incorporate measures to monitor water quality.

(3) The detailed operational water quality monitoring plan may be revised from time to time in accordance with requirement 6.

(4) The operation of the authorised development must be carried out in accordance with the approved detailed operational water quality monitoring plan.

Discovery centre

23.—(1) Prior to the operation of the discovery centre in the gateway building, a scheme must be submitted to and approved by the relevant planning authority.

(2) The scheme submitted pursuant to paragraph (1) above must detail how the discovery centre will operate incorporating measures for—

(a)attendance by appointment only;

(b)an education programme;

(c)scheduled opportunities for local schools and groups; and

(d)management of visitor parking arrangements.

(3) The discovery centre must be operated in accordance with the approved scheme.

Operational Wildlife Hazard Management Plan

24.—(1) Prior to the operation of the authorised development a detailed operational wildlife hazard management plan must be submitted to and approved by the relevant planning authority.

(2) The detailed operational wildlife hazard management plan submitted for approval must accord with the measures set out in the wildlife hazard management plan relating to the operation of the authorised development.

(3) The detailed operational wildlife hazard management plan may be revised from time to time in accordance with requirement 6.

(4) The operation of the authorised development must be carried out in accordance with the approved detailed operational wildlife hazard management plan.

Biodiversity net gain

25.—(1) No phase of the authorised development is to be commenced until an updated biodiversity net gain report has been submitted to and approved by the relevant planning authority.

(2) The updated biodiversity net gain report submitted for approval must include—

(a)how the measures contained within it deliver and secure twenty percent biodiversity net gain for the whole of the authorised development excluding any biodiversity net gain to be provided as river units;

(b)details of measures to deliver and secure twenty percent biodiversity net gain comprising river units within or outside of the Order limits;

(c)details of the habitat management and monitoring of the biodiversity net gain for the whole of the authorised development; and

(d)an updated biodiversity metric calculation or an explanation of why a biodiversity metric calculation is not necessary.

(3) The updated biodiversity net gain report may be revised from time to time in accordance with requirement 6.

(4) The construction and operation of the authorised development must be carried out in accordance with the approved updated biodiversity net gain report.

(5) For the purposes of this requirement, “biodiversity metric calculation” means a calculation in accordance with the metric in Appendix D of the biodiversity net gain report.

Temporary stopping up of public rights of way

26.  No phase of the authorised development which includes the temporary stopping up of a public right of way is to commence until the undertaker has provided the relevant highway authority with a programme of stopping up for those public rights of way to be temporarily stopped up in that phase.

Bridleway

27.—(1) Work No. 38 is not to be commenced until a bridleway gates and signage scheme for Work No. 38 has been submitted to and approved in writing by the relevant planning authority.

(2) The bridleway gates and signage scheme must contain details of the gates and signage to be provided.

(3) Work No. 38 must be carried out in accordance with the approved bridleway gates and signage scheme.

PART 2PROCEDURE FOR DISCHARGE OF CERTAIN APPROVALS

Applications made for certain approvals

1.—(1) Where an application has been made to a discharging authority for any consent, agreement or approval required or contemplated by any of the provisions of this Order the discharging authority must give written notice to the undertaker of its decision on the application before the end of the decision period.

(2) For the purposes of sub-paragraph (1), the decision period is—

(a)where no further information is requested under paragraph 2, 42 days from the day immediately following that on which the application is received by the discharging authority;

(b)where further information is requested under paragraph 2, 42 days from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 2; or

(c)such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (a) or (b).

Further information

2.—(1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

(2) If the discharging authority considers such further information to be necessary it must, within 10 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the discharging authority does not give such notification as specified in sub-paragraph (2) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

Appeals

3.—(1) The undertaker may appeal in the event that—

(a)the discharging authority refuses an application for any consent, agreement or approval required or contemplated by any of the provisions of this Order or grants it subject to conditions;

(b)the discharging authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1;

(c)on receipt of a request for further information under paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(d)on receipt of any further information requested, the discharging 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) expiry of the decision period as determined under 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 discharging authority and any requirement consultees;

(c)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) (Appointed by the Planning Inspectorate on behalf of the Secretary of State) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

(d)the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; and

(e)the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under paragraph (d).

(3) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as is reasonably practicable.

(4) The appointment of the person pursuant to sub-paragraph (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(5) If the appointed person considers that further information is necessary to enable consideration of 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.

(6) Any further information required under sub-paragraph (5) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representation concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

(7) 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 discharging 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.

(8) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person under this paragraph.

(9) The appointed person may proceed to a decision even though no written representations have been made within the prescribed 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.

(10) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(11) If an approval is given by the appointed person pursuant to this Schedule, it is be deemed to be an approval for the purpose of any consent, agreement or approval required under the Order or for the purpose of Part 1 of Schedule 2 (requirements) as if it has been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker. The costs of the appointed person are calculated based on the applicable day rate for a Single Inspector as if he or she were appointed under section 78(1) (single appointed person to handle application) and section 79(2) (appointment of single appointed person) of the 2008 Act.

(13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties 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 Planning Practice Guidance published by the Department for Communities and Local Government on 6^th March 2014 or any circular or guidance which may from time to time replace it.

Interpretation of Part 2 of Schedule 2

4.  In this Part of this Schedule—

“the appeal parties” means the discharging authority, the undertaker and any requirement consultees; and

“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.