Article 2

SCHEDULE 2Requirements

PART 1Requirements

Interpretation

schedule 2 paragraph 1 + 1.  In this Schedule—

term aod + “AOD” means above Ordnance Datum;

term carbon dioxide storage permit + “carbon dioxide storage permit” means any carbon dioxide storage permit granted in terms of The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 or such other licence, authorisation or consent as may replace it;

term commissioning + “commissioning” means the process during which plant components and systems forming part of the authorised development, having been constructed or modified, are tested and verified to be in accordance with design assumptions and to have met the appropriate safety criteria, and are made operational;

term contaminated land + “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990(1);

term ctmp + “CTMP” means construction traffic management plan;

term demp + “DEMP” means decommissioning environmental management plan;

term discharging authority + “discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement;

term lemp + “LEMP” means the landscape and ecological management plan;

term offshore pipeline and storage works + “offshore pipeline and storage works” means works for the offshore carbon dioxide transportation and storage infrastructure into which the authorised development will connect;

term relevant planning authority + “relevant planning authority” means–

term relevant planning authority + and “relevant planning authorities” and “relevant planning authority” means Lincolnshire County Council, North Lincolnshire Council, North East Lincolnshire Council, East Lindsay District Council and West Lindsay District Council, as applicable; and

term requirement consultee + “requirement consultee” means any body named in a requirement as a body to be consulted by the discharging authority in discharging that requirement.

Time limits

schedule 2 paragraph 2 + 2.—(1) The authorised development must not commence later than the expiration of five years beginning with the date on which this Order comes into force.

(2) Notice of commencement of the authorised development must be given to the relevant planning authorities no later than 14 days before the date on which the authorised development is intended to be commenced.

Stages of authorised development

schedule 2 paragraph 3 + 3.—(1) The authorised development must not commence until a written scheme setting out all stages of the authorised development and including a plan indicating when each stage will be constructed has been submitted to each relevant planning authority, which scheme may subsequently be amended from time to time as notified to the relevant planning authority.

(2) The written scheme must be implemented as notified under sub-paragraph (1).

Scheme design

schedule 2 paragraph 4 + 4.—(1) Subject to sub-paragraph (2), Works Nos. 1, 14, 21, 31 and 44 must be carried out in general accordance with the general arrangement plans.

(2) The authorised development will not be in general accordance with the general arrangement plans if any departure from the general arrangement plans would give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The authorised development must be designed in accordance with the parameters specified in Table 1 below and the works plans and implemented in accordance with approved plans and any other approvals given by the relevant planning authority pursuant to these requirements.

(4) The buildings and structures identified in Table 1 must only be constructed within the area for the Work No. of which they form part as shown in the works plans.

Construction environmental management plan

schedule 2 paragraph 5 + 5.—(1) No stage of the authorised development may commence until a CEMP which includes that stage has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency and Lincolnshire County Council.

(2) The CEMP must be substantially in accordance with the outline construction environment management plan and include management plans, working methods and mitigation measures including—

schedule 2 paragraph 5 2 a + (a)details of lighting during construction;

schedule 2 paragraph 5 2 b + (b)noise and vibration management plan;

schedule 2 paragraph 5 2 c + (c)dust management plan;

schedule 2 paragraph 5 2 d + (d)materials management plan;

schedule 2 paragraph 5 2 e + (e)soil management plan;

schedule 2 paragraph 5 2 f + (f)water management plan;

schedule 2 paragraph 5 2 g + (g)site waste management plan;

schedule 2 paragraph 5 2 h + (h)emergency response plan;

schedule 2 paragraph 5 2 i + (i)stakeholder communication plan;

schedule 2 paragraph 5 2 j + (j)public right of way management plan;

schedule 2 paragraph 5 2 k + (k)construction ecological management plan;

schedule 2 paragraph 5 2 l + (l)species protection plans; and

schedule 2 paragraph 5 2 m + (m)invasive non-native species method statement.

(3) Each stage of the authorised development must be undertaken in accordance with the approved CEMP for that stage, or with such changes to that document as approved by the relevant planning authority.

Construction traffic

schedule 2 paragraph 6 + 6.—(1) No stage of the authorised development may commence until a CTMP for that stage, in accordance with the outline construction traffic management plan, has been submitted to and approved by the relevant planning authority and, in respect of effects on the strategic road network, National Highways following consultation with the relevant highway authority and Network Rail.

(2) The CTMP for each stage must include a construction worker travel plan in accordance with the interim worker travel plan and include measures to be taken to promote sustainable travel options and minimise use of private vehicles.

(3) Each stage of the authorised development must be implemented in accordance with the approved CTMP for that stage.

Highway accesses

schedule 2 paragraph 7 + 7.—(1) Construction of any new permanent or temporary means of access to a highway, or alteration to any access, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.

(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures and a maintenance programme relevant to the access it relates to.

(3) The relevant highway authority must be consulted on the access plan before it is submitted for approval.

(4) The highway accesses (including visibility splays) must be implemented in accordance with the approved details.

Surface water drainage

schedule 2 paragraph 8 + 8.—(1) No development of Work Nos 1, 14, 21, 31 or 44 may commence until, for that Work No, a surface water drainage plan for permanent works relevant to that stage, in accordance with the relevant part of the outline surface water drainage strategy, has been submitted to and approved by the relevant planning authority following consultation with Anglian Water.

(2) The surface water drainage system for each stage must be implemented in accordance with the approved details.

Contaminated land and groundwater

schedule 2 paragraph 9 + 9.—(1) In the event that contamination is found at any time when carrying out the authorised development then works in that location must cease immediately and the contamination must be reported in writing to the relevant planning authority as soon as reasonably practicable.

(2) Where contamination has been reported to the relevant planning authority in accordance with sub-paragraph (1), an investigation and risk assessment must be completed in accordance with a contamination scheme to assess the nature and extent of any contamination on the part of the Order limits within which works are being carried out, whether or not that contamination originates on that part of the Order limits; and—

schedule 2 paragraph 9 2 a + (a)the contents of that scheme are subject to the approval of the relevant planning authority, following consultation with the Environment Agency; and

schedule 2 paragraph 9 2 b + (b)that investigation and risk assessment must be undertaken within timescales agreed with the relevant planning authority and in accordance with the approved contamination scheme and a written report of the findings must be submitted to the relevant planning authority, following consultation with the Environment Agency.

(3) Where remediation is determined by the relevant planning authority to be required having had regard to the results of an investigation and risk assessment carried out under sub-paragraph (2), a detailed remediation scheme must be prepared and submitted for the approval of the relevant planning authority, following consultation with the Environment Agency.

(4) The approved remediation scheme must be implemented in accordance with its terms.

Archaeology

schedule 2 paragraph 10 + 10.—(1) No stage of the authorised development with the potential to affect buried archaeological assets may commence until a written scheme for the investigation of areas of archaeological interest relevant to that stage (if any) as identified in the outline archaeological written scheme of investigation has been submitted to and approved by the relevant planning authority following consultation with Historic England.

(2) The scheme approved under sub-paragraph (1) must be in accordance with the outline archaeological written scheme of investigation, and identify the measures to be taken to investigate, protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works carried out under the approved scheme must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute.

(4) Any archaeological works must be implemented in accordance with the approved scheme.

Landscape and ecological management plan

schedule 2 paragraph 11 + 11.—(1) Subject to sub-paragraph (4), no stage of the authorised development may commence until a LEMP for that stage, substantially in accordance with the outline landscape and ecological management plan, has been submitted to and approved by the relevant planning authority in consultation with Lincolnshire County Council.

(2) The LEMP must include:

schedule 2 paragraph 11 2 a + (a)an implementation timetable; and

schedule 2 paragraph 11 2 b + (b)measures for the protection of existing features adjacent to the Works as detailed in the Environmental Statement.

(3) Each stage of the authorised development must be implemented in accordance with the approved LEMP for that stage.

(4) Sub-paragraph (1) only applies to those stages of the authorised development in respect of which any landscape and ecological management measures are to be implemented by the undertaker, as identified in the outline LEMP.

Ecological surveys

schedule 2 paragraph 12 + 12.  No stage of the authorised development may commence until it has been established by survey work whether any European protected species are present within the Order limits or may be affected by that stage of the authorised development.

Construction hours

schedule 2 paragraph 13 + 13.—(1) Subject to sub-paragraphs (2), (3), and (4), construction works must only take place between 0700 and 1900 on weekdays and 0700 and 1330 on Saturdays (with no works on Sundays or public or bank holidays), except in the event of an emergency, unless a scheme for the carrying out of those works specifying the hours in which they may be carried out has been submitted to and approved by the relevant planning authority. Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

(2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.

(3) The following operations may where necessary continue or take place outside the working hours referred to in sub-paragraph (1)—

schedule 2 paragraph 13 3 a + (a)trenchless construction techniques which cannot be interrupted;

schedule 2 paragraph 13 3 b + (b)filling, testing, dewatering and drying; and

schedule 2 paragraph 13 3 c + (c)commissioning of the pipeline works.

(4) Nothing in sub-paragraph (1) precludes—

schedule 2 paragraph 13 4 a + (a)the receipt of oversize deliveries to site and the undertaking of non-intrusive activities;

schedule 2 paragraph 13 4 b + (b)start-up and shut-down activities up to an hour either side of the stated working hours and undertaken in compliance with the CEMP;

schedule 2 paragraph 13 4 c + (c)works on a traffic sensitive street where so directed by the relevant highway authority; and

schedule 2 paragraph 13 4 d + (d)works to make construction sites safe in the event of extreme weather.

(5) In this requirement—

term emergency + “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action; and

term trenchless construction techniques which cannot be interrupted + “trenchless construction techniques which cannot be interrupted” means drilling, tunnelling, boring or similar construction methods used to create an underground route for the pipeline without trenching from the surface, and includes any necessary ancillary activities to that drilling, tunnelling or boring; but does not include operations to prepare for drilling, tunnelling and boring, and specifically does not include works of excavation of pits, or works to remediate the site of pits used for drilling, tunnelling and boring.

Restoration of land

schedule 2 paragraph 14 + 14.  Subject to article 32 (temporary use of land for carrying out the authorised development), any land within the Order limits which is used temporarily for or in connection with construction must be reinstated to a condition fit for its former use, or such other condition as the relevant planning authority may approve, within 12 months of completion of the authorised development.

Operational phase mitigation plan

schedule 2 paragraph 15 + 15.—(1) The undertaker must, no later than three months prior to the planned completion of commissioning of the authorised development, submit to the relevant planning authorities the operational phase mitigation plan (or plans) which details the monitoring and management requirements of the authorised development, including post-construction monitoring.

(2) The operational phase mitigation plans submitted under sub-paragraph (1) must be in accordance with the outline operational phase mitigation plan, and developed having regard to the approved CEMP(s) and the LEMP(s).

(3) Operation of the authorised development must be implemented in accordance with the submitted operational phase mitigation plan(s).

Decommissioning environmental management plan

schedule 2 paragraph 16 + 16.—(1) The undertaker must, no later than six months prior to the planned permanent cessation of operation of the authorised development, submit a DEMP to the relevant planning authorities and, in respect of effects on the strategic road network, National Highways, for approval following consultation with the Environment Agency and Lincolnshire County Council.

(2) The DEMP submitted under sub-paragraph (1) must include the details required by the demolition management plan and specifically including:

schedule 2 paragraph 16 2 a + (a)details of any below ground apparatus to be left in situ;

schedule 2 paragraph 16 2 b + (b)method statements for the decommissioning and dismantlement of above ground infrastructure;

schedule 2 paragraph 16 2 c + (c)traffic management plan for the decommissioning works; and

schedule 2 paragraph 16 2 d + (d)waste management plan for the decommissioning works.

(3) Decommissioning of the authorised development must be implemented in accordance with the approved DEMP.

Donna Nook Air Weapon Range

schedule 2 paragraph 17 + 17.—(1) The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of Work Nos 01 and 44, in writing, of the following information—

schedule 2 paragraph 17 1 a + (a)the date of the commencement of the erection of any vent stack, or tall or narrow profile structure over 15 metres high;

schedule 2 paragraph 17 1 b + (b)the maximum height of any construction equipment to be used in the erection of any vent stack;

schedule 2 paragraph 17 1 c + (c)the date the vent stack is brought into use;

schedule 2 paragraph 17 1 d + (d)the latitude and longitude and maximum heights of the vent stack.

(2) The Ministry of Defence must be notified of any changes to the information supplied in accordance with this requirement and of the completion of the construction of the development.

Written approval

schedule 2 paragraph 18 + 18.  Where under any of the requirements the approval or agreement of the relevant planning authority or another person or authority is required, that approval or agreement must be given in writing.

Amendments to approved details

schedule 2 paragraph 19 + 19.—(1) 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 or another discharging authority, the authorised development must be carried out in accordance with the approved details unless an application for an amendment or variation is submitted by the undertaker and agreed by the relevant planning authority or another discharging authority as specified in the relevant requirement, in accordance with sub-paragraph (2) and in consultation with any body specified in the relevant requirement.

(2) No amendments to or variations from the approved details may be approved if their likely significant effects on the environment are not assessed in the environmental statement, or have not been subject to such further assessment as the relevant planning authority or that other discharging authority may require; provided that such approval must not be given except where it has been demonstrated that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

(3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other discharging authority.

(4) Subject to sub-paragraph (2), if a relevant planning authority which receives an application for approval of any amendments to approved details under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 56 days beginning with the date on which the application was made, or such longer period as may be agreed in writing by the undertaker and the relevant authority, it is deemed to have granted consent.

Offshore consents

schedule 2 paragraph 20 + 20.  No part of the authorised development may commence until details of the following have been submitted to and approved by the Secretary of State—

schedule 2 paragraph 20 a + (a)evidence that a carbon dioxide storage permit for the offshore pipeline and storage works is in place;

schedule 2 paragraph 20 b + (b)evidence of any pipeline works authorisation required by section 14 of the Petroleum Act 1998 for the offshore pipeline and storage works.

Biodiversity net gain

schedule 2 paragraph 21 + 21.—(1) No development may commence until a scheme securing the provision of biodiversity net gain of 10% or greater for habitats affected by the construction of AGIs or BVSs forming part of the authorised development (as calculated using Natural England Biodiversity Metric 4.0, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature consultation body), has been submitted to and approved in writing by the relevant planning authority.

(2) Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

Anticipatory steps towards compliance with any requirement

schedule 2 paragraph 22 + 22.  If, before the coming into force of this Order, the undertaker or any other person has taken any steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

PART 2Procedure for discharge of Requirements

Applications made under requirements

schedule 2 paragraph 23 + 23.—(1) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement, the relevant discharging authority must give notice to the undertaker of its decision on the application within a period of 56 days beginning with—

schedule 2 paragraph 23 1 a + (a)where no further information is requested under paragraph 25, the day immediately following that on which the application is received by the authority;

schedule 2 paragraph 23 1 b + (b)where further information is requested under paragraph 25, the day immediately following that on which further information has been supplied by the undertaker to the discharging authority; or

schedule 2 paragraph 23 1 c + (c)such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) In the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is taken to have granted all parts of the application (without any condition or qualification) at the end of that period unless otherwise agreed in writing.

(3) Any application made to a discharging authority pursuant to sub-paragraph (1) must—

schedule 2 paragraph 23 3 a + (a)include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are; and

schedule 2 paragraph 23 3 b + (b)include confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required.

(4) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement and the relevant discharging authority does not determine the application within the period set out in sub-paragraph (1)—

schedule 2 paragraph 23 4 a + (a)and the application is accompanied by a report pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or

schedule 2 paragraph 23 4 b + (b)the discharging authority consider that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,

then the application is to be taken to have been refused by the discharging authority at the end of that period.

(5) Where an application has been made to a discharging authority for any discharge, the undertaker will also submit a copy of that application to any requirement consultee.

Multiple discharging authorities

schedule 2 paragraph 24 + 24.  Where an application is required to be made to more than one discharging authority for any single consent, agreement or approval under a requirement, the undertaker may submit a request for comments in respect of its proposed application to each discharging authority and, where it does so, each discharging authority must provide its comments in writing on the proposed application within a period of 20 days beginning with the day immediately following that on which the request is received by the authority, or such longer period as may be agreed in writing by the undertaker and the relevant authority or authorities, so as to enable the undertaker to prepare a consolidated application to each discharging authority in respect of the consent, agreement or approval required by the requirement.

Further information

schedule 2 paragraph 25 + 25.—(1) Where an application has been made under paragraph 23 the discharging authority may, subject to complying with the requirements of this paragraph, request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.

(2) If the discharging authority considers further information is necessary and the requirement does not specify that consultation with a requirement consultee is required, the discharging authority must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement specifies that consultation with a requirement consultee is required, the discharging authority must issue the consultation to the requirement consultee within 10 days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 10 days of receipt of such a request and in any event within 20 business days of receipt of the application.

(4) If the discharging authority does not give the notification mentioned in sub-paragraphs (2) or (3) or such longer period as may be agreed in writing by the undertaker and the relevant authority, or otherwise fails to request any further information within the timescales provided for in this paragraph, it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Fees

schedule 2 paragraph 26 + 26.—(1) Where an application is made to the approving authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (or any regulations replacing the same) is to be paid by the undertaker to the approving authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 35 days of—

schedule 2 paragraph 26 2 a + (a)the application or request being rejected as invalidly made; or

schedule 2 paragraph 26 2 b + (b)the relevant planning authority failing to determine the application or to provide written comments within 56 days from the date on which the application is received, or such longer period as may be agreed in writing under paragraph 23, unless within that period the undertaker agrees in writing that the fee may be retained by the relevant planning authority and credited in respect of a future application or a future request for comments.

Appeals

schedule 2 paragraph 27 + 27.—(1) The undertaker may appeal if—

schedule 2 paragraph 27 1 a + (a)the discharging authority refuses, or is deemed to have refused, an application for–

schedule 2 paragraph 27 1 a i + (i)any consent, agreement or approval required by a requirement or any document referred to in any requirement; or

schedule 2 paragraph 27 1 a ii + (ii)any other consent, agreement or approval required under this Order, or grants it subject to conditions to which the undertaker objects;

schedule 2 paragraph 27 1 b + (b)having received a request for further information under paragraph 25 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

schedule 2 paragraph 27 1 c + (c)having received 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 procedure for appeals is as follows—

schedule 2 paragraph 27 2 a + (a)any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or the determination, or (where no decision or determination has been made) the expiry of the time period set out in paragraph 23, giving rise to the appeal referred to in sub-paragraph (1);

schedule 2 paragraph 27 2 b + (b)the undertaker must submit to the Secretary of State a copy of the application submitted to the discharging authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);

schedule 2 paragraph 27 2 c + (c)the undertaker must on the same day provide copies of the appeal documents to the discharging authority and the requirement consultee (if applicable);

schedule 2 paragraph 27 2 d + (d)term the appointed person + within 28 days of receiving the appeal documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person must be sent;

schedule 2 paragraph 27 2 e + (e)the discharging authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within 21 days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person 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;

schedule 2 paragraph 27 2 f + (f)the appeal parties may make any counter-submissions to the appointed person within 21 days beginning with the first day immediately following the date of receipt of written representations pursuant to sub-paragraph (d) above; and

schedule 2 paragraph 27 2 g + (g)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3) If the appointed person considers that further information is necessary to consider 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 must be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person.

(5) The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.

(6) Any such representations must be submitted to the appointed person and made available to all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of appeals

schedule 2 paragraph 28 + 28.—(1) On an appeal under paragraph 27, the appointed person may—

schedule 2 paragraph 28 1 a + (a)allow or dismiss the appeal; or

schedule 2 paragraph 28 1 b + (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.

(2) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under paragraph 27.

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

(4) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review within six weeks of the date of the appointed person’s decision.

(5) Any consent, agreement or approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority.

(6) 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) does not affect or invalidate the effect of the appointed person’s determination.

(7) Except where a direction is given pursuant to sub-paragraph (8) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

(8) 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 as to the costs of the appeal parties and the terms on which it is made, the appointed person must have regard to the Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Interpretation

schedule 2 paragraph 29 + 29.  In this Part of this Schedule—

term the appeal parties + “the appeal parties” means the discharging authority, the requirement consultee and the undertaker;

term discharging authority + “discharging authority” means the body responsible for giving a consent, agreement or approval under this Schedule; and

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