The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024
- (1) No phase of the onshore works may commence until a written ecological management plan (which accords with the outline ecological management plan and the relevant recommendations of appropriate British Standards or Industry Guidance) for that phase reflecting the survey results and ecological mitigation, enhancement and biodiversity net gain measures included in the environmental statement has been submitted to and approved by the relevant planning authority in consultation with Natural England and (where works have potential to affect wetland habitat) the Environment Agency.
- (2) Pre-commencement site clearance works must only take place in accordance with a specific written ecological management plan for site clearance works (which accords with the relevant details for pre-commencement site clearance works in the outline ecological management plan) has been submitted to and approved by the relevant planning authority.
- (3) Any ecological management plan submitted under sub-paragraph (1) may cover one or more phase of the onshore works.
- (4) Each ecological management plan must include an implementation timetable and must be carried out as approved.
Fencing and other means of enclosure
14
- (1) No phase of the onshore works may commence until details of all proposed permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority.
- (2) Any approved permanent fencing in relation to Work Nos. 15A or 15B, or in the event of scenario 3 or scenario 4, 15C must be completed before that work is brought into use.
- (3) Permanent fencing, walls and other means of enclosure approved under sub-paragraphs (1) and (2) must be provided and maintained until the onshore works to which they relate are decommissioned in accordance with the onshore decommissioning plan approved under requirement 29 (onshore decommissioning).
Traffic and Transport
15
- (1) No phase of the onshore works may commence until for that phase a construction traffic management plan (which must be in accordance with the outline construction traffic management plan), as appropriate for the relevant phase, has for that phase been submitted to and approved by the relevant planning authority in consultation with Norfolk County Council or in respect of the strategic road network National Highways.
- (2) Any plan submitted under sub-paragraph (1) may cover one or more phase of the onshore works.
- (3) Each plan approved under sub-paragraph (1) must be implemented upon commencement of the relevant phase of the onshore works.
- (4) If any of the accesses identified in the outline construction traffic management plan are required for pre-commencement archaeological investigations, a specific plan for such accesses which must accord with the relevant details set out in the outline construction traffic management plan must be submitted to and approved by the relevant planning authority, in consultation with Norfolk County Council or in respect of the strategic road network National Highways, prior to the construction and use of such accesses. The accesses identified must be constructed and used in accordance with the details contained in the specific plan so approved.
- (5) During construction of the authorised development, the maximum daily vehicle trips set out in Annex A of the outline construction traffic management plan must not be exceeded.
Highway accesses
16
- (1) Construction of any new permanent or temporary means of access to a highway, or alteration, or use of an existing means of access to a highway, must not commence until an access plan for that access has been submitted to and approved by the relevant planning authority in consultation with Norfolk County Council or in respect of the strategic road network National Highways.
- (2) The access plan must include details of the siting, design, layout, visibility splays, access management measures, lighting, signing, safety measures and a maintenance programme relevant to the access it relates to.
- (3) The highway accesses (including visibility splays) must be constructed and maintained in accordance with the approved details.
Operational Drainage Strategy
17
- (1) In the event of scenario 1 or scenario 2, each of Work Nos. 15A, 15B, 18A and 18B must not commence until a written plan for drainage during operation of the relevant work, has been submitted to and approved by the relevant planning authority, following consultation with the lead local flood authority and the Environment Agency.
- (2) In the event of scenario 3 or scenario 4, Work No. 15C, 18A and 18B must not commence until a written plan for drainage during operation of the relevant work, has been submitted to and approved by the relevant planning authority, following consultation with, the lead local flood authority and the Environment Agency.
- (3) Each operational drainage strategy must accord with the principles for the relevant work set out in the outline operational drainage strategy (onshore substation), must include a timetable for implementation, and must include provision for the maintenance of any measures identified.
- (4) Each operational drainage strategy must be implemented as approved.
Onshore Archaeology
18
- (1) No phase of the onshore works may commence until a written scheme of archaeological investigation for that phase (which must accord with the outline written scheme of investigation (onshore)) has, after consultation with Norfolk County Council and the statutory historic body, been submitted to and approved by the relevant planning authority.
- (2) Each scheme must—
- (a) set out a pre-construction programme of archaeological evaluation that defines the extent and character of archaeological sites and identifies where subsequent archaeological mitigation (i.e. archaeological excavation or monitoring) are required;
- (b) set out the programme and methodology for site investigation and recording;
- (c) set out the programme for post-excavation assessment, the results of which may inform the scope of analysis;
- (d) provision to be made for analysis of the site investigation and recording;
- (e) provision to be made for publication and dissemination of the analysis and records of the site investigation;
- (f) provision to be made for archive deposition of the analysis and records of the site investigation; and
- (g) nominate a competent person or organisation to undertaker the works set out in the written scheme of investigation.
- (3) Any written scheme of archaeological investigation or archaeological monitoring works submitted under sub-paragraph (1) may cover one or more phase of the onshore works.
- (4) Any archaeological investigations must be carried out in accordance with a scheme approved under sub-paragraph (1).
- (5) The pre-construction archaeological evaluation, archaeological site investigations, archaeological monitoring and post-excavation assessment for each phase must be completed for that phase in accordance with the programme set out in the relevant written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition secured for that phase.
- (6) For the purposes of this requirement 18 only, the definition of “commence” includes intrusive archaeological investigations.
Code of construction practice
19
- (1) No phase of the onshore works may commence until a code of construction practice (which must accord with the outline code of construction practice) for that phase has been submitted to and approved by the relevant planning authority following consultation as appropriate with Norfolk County Council, the Environment Agency, Natural England and, if applicable, the MMO.
- (2) Any code of construction practice submitted under sub-paragraph (1) may cover one or more phase of the onshore works.
- (3) All construction works for each phase must be undertaken in accordance with the relevant approved code of construction practice.
- (4) Pre-commencement screening and fencing works must only take place in accordance with a specific plan for such pre-commencement works which must accord with the relevant details for screening and fencing security set out in the outline code of construction practice, and which has been submitted to and approved by the relevant planning authority.
Construction hours
20
- (1) Construction work for the onshore works must only take place between 0700 hours and 1900 hours Monday to Friday, and 0700 hours to 1300 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in sub-paragraphs (2) to (4).
- (2) Outside the hours specified in sub-paragraph (1), construction work may be undertaken for essential activities including but not limited to—
- (a) continuous periods of operation that are required as assessed in the environmental statement, such as concrete pouring, drilling, dewatering, cable jointing, pulling cables (including fibre optic cables) through ducts and HDD at three locations only: the A11 (Crossing RDX048); the Cambridge to Norwich Railway Line (Crossing RLX002); and the North Norfolk Railway Line (Crossing RLX001);
- (b) delivery to the onshore works of abnormal loads that may otherwise cause congestion on the local road network;
- (c) works required that may necessitate the temporary closure of roads;
- (d) onshore works at the landfall;
- (e) commissioning or outage works associated with the National Grid substation connection works;
- (f) electrical installation; or
- (g) emergency works.
- (3) Outside the hours specified in sub-paragraph (1), construction work may be undertaken for non-intrusive activities including but not limited to—
- (a) fitting out works within—
- (i) the onshore HVAC substation buildings comprised within Work Nos. 15A and 15B in the event of scenario 1 or scenario 2; or
- (ii) the integrated onshore substation building comprised within Work No. 15C in the event of scenario 3 or scenario 4; and
- (b) daily start up or shut down.
- (4) Save for emergency works, full details, including but not limited to type of activity, vehicle movements and type, timing and duration and any proposed mitigation, of all essential construction activities under sub-paragraph (2) and undertaken outside of the hours specified in sub-paragraph (1) must be agreed with the relevant planning authority in writing in advance, and must be carried out within the agreed time.
- (5) 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.
- (6) For the purposes of this requirement “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.
Control of noise during operational phase
21
- (1) In the event of scenario 1 or scenario 2, prior to the commencement of Work No. 15A a noise management plan for those works must be submitted to and approved by the relevant planning authority.
- (2) In the event of scenario 1 or scenario 2, prior to the commencement of Work No. 15B a noise management plan for those works must be submitted to and approved by the relevant planning authority.
- (3) In the event of scenario 3 or scenario 4, prior to the commencement of Work No. 15C a noise management plan for those works must be submitted to and approved by the relevant planning authority.
- (4) Any noise management plan submitted under sub-paragraphs (1), (2) or (3) must set out the particulars of—
- (a) an assessment of noise from the substation, demonstrating that the rating level of the substation sound does not exceed the background sound level by more than 5 decibels at nearby receptors, subject to context. The rating level, background sound level and context should be determined in accordance with British Standard 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial noise’ or an equivalent successor standard;
- (b) the noise attenuation and mitigation measures to be taken to minimise noise resulting from those works, including any noise limits;
- (c) a scheme for monitoring noise levels which must include—
- (i) the circumstances under which noise will be monitored;
- (ii) the locations at which noise will be monitored;
- (iii) the method of noise measurement (which must be in accordance with British Standard 4142:2014+A1:2019, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances); and
- (d) a complaints procedure.
- (5) Any noise management plan approved under sub-paragraphs (1), (2) or (3) must be implemented as approved.
Control of artificial light emissions
22
- (1) In the event of scenario 1 or scenario 2, Work No. 15A must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.
- (2) In the event of scenario 1 or scenario 2, Work No. 15B must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.
- (3) In the event of scenario 3 or scenario 4, Work No. 15C must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.
European protected species: onshore
23
- (1) No phase of the onshore works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that phase of the onshore works or in any of the trees to be lopped or felled as part of that phase of the onshore works.
- (2) Where a European protected species is shown to be present, the relevant phase of the onshore works must not commence until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority or a European protected species licence granted by Natural England.
- (3) The onshore works must be carried out in accordance with the approved scheme.
- (4) In this requirement “European protected species” has the same meaning as in regulations 42 and 46 of the 2017 Regulations.
Public Rights of Way Strategy
24
- (1) No phase of the onshore works that would affect a public right of way specified in Schedule 4 is to be undertaken until a public rights of way strategy in respect of that phase and in accordance with the outline public rights of way strategy, including the specification for making up of an alternative right of way (where appropriate) has been submitted to and approved by the relevant planning authority in consultation with Norfolk County Council.
- (2) Any alternative public rights of way must be implemented in accordance with the approved public rights of way strategy.
Restoration of land used temporarily for construction
25
Subject to article 25 (temporary use of land for carrying out the authorised project), any land landward of MLWS within the Order limits that is used temporarily for construction of the onshore works, and not ultimately incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, as soon as reasonably practicable and in any event within 12 months of completion of the relevant phase of the onshore works, or such other period as the relevant planning authority may approve.
Local skills and employment
26
- (1) No phase of the Sheringham Shoal Extension Project onshore works may commence until a skills and employment plan (which accords with the outline skills and employment plan) has been submitted to and approved in writing by Norfolk County Council.
- (2) No phase of the Dudgeon Extension Project onshore works may commence until a skills and employment plan (which accords with the outline skills and employment plan) has been submitted to and approved in writing by Norfolk County Council.
- (3) Prior to submission of a skills and employment plan for approval in accordance with sub- paragraph (1) or sub-paragraph (2), the undertaker must consult North Norfolk District Council, Broadland District Council, South Norfolk District Council, Norfolk County Council and the New Anglia Local Enterprise Partnership on the content of the plan.
- (4) Each skills and employment plan must be implemented as approved.
Ministry of Defence surveillance operations
27
- (1) No wind turbine generator forming part of the authorised development is permitted to rotate its rotor blades on its horizontal axis until the Secretary of State, having consulted with the Ministry of Defence, confirms satisfaction in writing that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that the approved mitigation is implemented.
- (2) For the purposes of this requirement—
- (a) “appropriate mitigation” means measures to prevent or remove any adverse effects which the authorised development will have on the air defence radar(s) at Remote Radar Head (RRH) Neatishead and the Ministry of Defence’s air surveillance and control operations;
- (b) “approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate measures and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with sub-paragraph (1); and
- (c) “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY or any successor body.
- (3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.
Cromer and Claxby Primary Surveillance Radar
28
- (1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to avoid the impact of the development on the primary radar of the operator located at Claxby and Cromer and associated air traffic management operations.
- (2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and then shall thereafter be operated fully in accordance with such approved scheme.
- (3) For the purposes of this requirement—
- (a) “operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act); and
- (b) “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the development on the Claxby and Cromer primary radar and air traffic management operations of the operator.
Onshore decommissioning
29
- (1) Within six months of the permanent cessation of commercial operation of the Sheringham Shoal Extension Project onshore works, an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority.
- (2) Within six months of the permanent cessation of commercial operation of the Dudgeon Extension Project onshore works, an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority.
- (3) The relevant planning authority must provide its decision on any onshore decommissioning plan submitted under sub-paragraphs (1) or (2) within three months of submission of each plan unless otherwise agreed in writing between the relevant planning authority and the undertaker.
- (4) Any decommissioning plan approved under this requirement must be implemented as approved.
- (5) For the purposes of this requirement—
- “Dudgeon Extension Project onshore works” means— in the event of scenario 1 or scenario 2, Work Nos. 8B to 22B and any other authorised development associated with those works; or in the event of scenario 3, Work Nos. 8B to 14B, all or any part of the scenario 3 integrated onshore works operated by or for the benefit of DEL, Work Nos. 18B to 22B, and any other authorised development associated with those works; or in the event of scenario 4, Work Nos. 10B, 11B, 13B, 14B, all or any part of the scenario 4 integrated onshore works operated by or for the benefit of DEL, Work Nos. 18B to 22B, and any other authorised development associated with those works; and
- “Sheringham Shoal Extension Project onshore works” means— in the event of scenario 1 or scenario 2, Work Nos. 8A to 22A and any other authorised development associated with those works; or in the event of scenario 3, Work Nos. 8A to 14A, all or any part of the scenario 3 integrated onshore works operated by or for the benefit of SEL, Work Nos. 18A to 22A and any other authorised development associated with those works; or in the event of scenario 4, Work Nos. 10A, 11A, 13A, 14A, all or any part of the scenario 4 integrated onshore works operated by or for the benefit of SEL, Work Nos. 18A to 22A and any other authorised development associated with any of those works.
Notification of generation of power
30
- (1) SEL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the Sheringham Shoal Extension Project no later than seven days after the occurrence of this event.
- (2) DEL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the Dudgeon Extension Project no later than seven days after the occurrence of this event.
Amendments to approved details
31
- (1) Where any requirement requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority or another person (the “approving authority”), the approved details must be taken to include any amendments that may subsequently be approved by the approving authority (after consulting any person that the approving authority is required to consult under the relevant requirement).
- (2) The approving authority must not approve an amendment unless it is satisfied that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Contaminated land and groundwater scheme
32
- (1) Pre-commencement remedial work and onshore works in respect of any ground contamination or other adverse ground conditions must only take place in accordance with a scheme to deal with the contamination of any land (including groundwater) that is likely to cause significant harm to persons or pollution of controlled waters or the environment which has been submitted to, and approved by, the relevant planning authority in consultation with the Environment Agency.
- (2) Each scheme submitted under sub-paragraph (1) must include an investigation and assessment report, prepared by a specialist consultant to identify the extent of any contamination and the remedial measures to be taken for that stage to render the land fit for its intended purpose, together with a management plan which sets out measures in the event that contamination not previously identified is found to be present and long-term measures with respect to any contaminants remaining on the site.
- (3) Such remediation as may be identified in each approved scheme must be carried out in accordance with that approved scheme.
Onshore collaboration
33
In the event of scenario 1(c), scenario 1(d) or scenario 2 SEL and DEL must—
- (a) before submitting any plan or document required to be submitted for approval under the requirements, provide a copy of the plan or document to the other undertaker to enable the other undertaker to provide comments on the relevant plans and documentation; and
- (b) when submitting any plan or document referred to in sub-paragraph (a) for approval, submit any comments duly received from the other undertaker or a statement confirming that no such comments were received.
Mitigation of effects on pink footed geese
34
- (1) No phase of the onshore works within 10.4km of the North Norfolk Coast Special Protection Area may commence until a scheme for protection and mitigation measures for pink footed geese has been submitted at least four months prior to any works commencing and been approved by the relevant planning authority in consultation with Natural England.
- (2) The scheme of protection and mitigation measures submitted for approval under sub-paragraph (1) must include—
- (a) details of pre-construction surveys to be undertaken to establish whether any pink footed geese are present on any of the land affected, or likely to be affected, by that phase of the onshore work;
- (b) details of ongoing monitoring to be undertaken during the phase of the onshore work; and
- (c) details of the mitigation measures to be undertaken if the pre-construction or ongoing monitoring identifies the presence of pink footed geese in any of the land affected, or likely to be affected, by that phase of the onshore work.
- (3) The relevant phase of the onshore works must be carried out in accordance with any scheme approved under sub-paragraph (1).
- (4) Sub-paragraph (1) does not apply if the relevant planning authority confirms, after consultation with Natural England, that no scheme of protection and mitigation measures for pink footed geese is required for the relevant phase of the onshore works.
Obstacle free zone for navigational safety
35
No infrastructure of any type included within the offshore works, including wind turbine generators and offshore substation platforms, shall be installed within the area defined by the coordinates as specified below and no part of any wind turbine generator, including its blades, may overfly into the area:
| Point ID of the area | Latitude (D°M.MM) | Longitude (D°M.MM) |
|---|---|---|
| A (NW corner) | 53° 21.1541′ N | 1° 10.1853′ E |
| B (SW corner) | 53° 19.0449′ N | 1° 12.3327′ E |
| C (NE corner) | 53° 21.1558′ N | 1° 11.8346′ E |
| D (SE corner) | 53° 19.5696′ N | 1° 13.6102′ E |
PART 2 — Approval of matters specified in requirements
Applications made under requirements
1
Where an application has been made to the relevant authority (“the approving authority”) for any agreement or approval required pursuant to a requirement included in this Order, the approving authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 56 days beginning with—
- (a) the day immediately following that on which the application is received by the approving authority;
- (b) where further information is requested under paragraph 2, the day immediately following that on which the further information has been supplied by the undertaker; or
- (c) such longer period as may be agreed by the undertaker and the approving authority.
Further information
2
- (1) Where an application has been made under paragraph 1 the approving authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.
- (2) If the approving authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.
- (3) If the requirement indicates that consultation must take place with a consultee the approving authority must issue the consultation to the requirement consultee within seven days of receipt of the application. Where the consultee requires further information they must notify the approving authority in writing specifying the further information required within 21 days of receipt of the consultation. The approving authority must notify the undertaker in writing specifying any further information requested by the consultee within seven days of receipt of such a request.
- (4) In the event that the approving authority does not give such notification as specified in sub- paragraphs (2) or (3) 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.
- (5) An approving authority may request further information under sub-paragraph (1) on more than one occasion provided that all such requests are made within the period specified in sub- paragraphs (2) and (3).
Provision of information by Consultees
3
- (1) Any consultee who receives a consultation under sub-paragraph 2(3) must respond to that request within 28 days from receipt unless either sub-paragraph (2) of this paragraph applies or a longer period is agreed with both the undertaker and the approving authority.
- (2) Where any consultee requests further information in accordance with the timescales set out in sub-paragraph 2(3) then they must respond to the consultation within 14 days from the receipt of the further information requested unless a longer period is agreed with both the undertaker and the approving authority.
Fees
4
- (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 201245 (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 four weeks of the application being rejected as invalidly made.
Appeal
5
- (1) The undertaker may appeal to the Secretary of State in the event that—
- (a) the approving authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;
- (b) the approving authority does not give notice of its decision to the undertaker within the time 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 approving authority is not necessary for the consideration of the application; or
- (d) on receipt of any further information requested, the approving authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for the consideration of the application.
- (2) The appeal process is to be as follows—
- (a) any appeal by the undertaker must be made within 42 days of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 36(1), giving rise to the appeal referred to in sub-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 relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);
- (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (the “appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);
- (d) the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 21 days of the start date 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;
- (e) the appeal parties must make any counter-submissions to the appointed person within 21 days of receipt of written representations pursuant to sub-paragraph (2)(d); and
- (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 42 days of the later of—
- (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
- (4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).
- (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 12 days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f).
- (6) On an appeal under this sub-paragraph, the appointed person may—
- (a) allow or dismiss the appeal; or
- (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).
- (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.
- (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant 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 and may deal with the application as if it had been made to the appointed person in the first instance.
- (9) The decision of the appointed person on an appeal is to be 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.
- (10) If an approval is given by the appointed person pursuant to this article, it is to be deemed to be an approval for the purpose of Schedule 2 as if it had been given by the approving authority. The relevant planning 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.
- (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.
- (12) On application by the approving 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 Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.
SCHEDULE 3 — Streets subject to street works
| (1) Area | (2) Street subject to street works |
|---|---|
| District of North Norfolk | Approximately 37 metres of THE STREET as shown between points 1a and 1b on sheet 1 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 84 metres of THE STREET as shown between points 1c and 1d on sheet 1 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 51 metres of HOLGATE HILL as shown between points 2a and 2c on sheet 2 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 62 metres of HOLT ROAD as shown between points 2b and 2c on sheet 2 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 106 metres of Private track as shown between points 2c and 2d on sheet 2 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 125 metres of STATION ROAD as shown between points 2e and 2f on sheet 2 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 39 metres of SHERINGHAM ROAD as shown between points 3a and 3b on sheet 3 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 100 metres of Private track as shown between points 3c and 3d on sheet 3 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 18 metres of SANDY HILL LANE as shown between points 3e and 3f on sheet 3 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 102 metres of Private track as shown between points 4a and 4b on sheet 4 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 122 metres of TRACK as shown between points 4c and 4d on sheet 4 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 30 metres of SANDY HILL LANE as shown between points 4e and 4f on sheet 4 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 112 metres of Private track as shown between points 4g and 4h on sheet 4 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 26 metres of HOLT ROAD as shown between points 5a and 5b on sheet 5 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 119 metres of HOLT ROAD as shown between points 5c and 5d on sheet 5 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 89 metres of THE STREET as shown between points 5e and 5f on sheet 5 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 60 metres of RECTORY ROAD as shown between points 6a and 6b on sheet 6 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 82 metres of NEW ROAD as shown between points 6c and 6d on sheet 6 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 149 metres of MARPLE LANE as shown between points 7a and 7b on sheet 7 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 61 metres of GRESHAM ROAD as shown between points 7c and 7d on sheet 7 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 60 metres of CHURCH LANE as shown between points 7e and 7f on sheet 7 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 89 metres of Private track as shown between points 8a and 8b on sheet 8 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 124 metres of NORTHFIELD LANE as shown between points 9a and 9b on sheet 9 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 111 metres of MATLASKE ROAD as shown between points 9c and 9d on sheet 9 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 60 metres of LITTLE BARNINGHAM ROAD as shown between points 10a and 10b on sheet 10 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 60 metres of SWEETBRIAR LANE as shown between points 10c and 10d on sheet 10 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 96 metres of MATLASKE ROAD as shown between points 10e and 10f on sheet 10 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 115 metres of MATLASKE ROAD as shown between points 11a and 11b on sheet 11 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 107 metres of MATLASKE ROAD as shown between points 12a and 12b on sheet 12 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 82 metres of Private track as shown between points 13a and 13b on sheet 13 of the streets (to be temporarily stopped up) plan |
| District of North Norfolk | Approximately 132 metres of AYLSHAM ROAD as shown between points 13c and 13d on sheet 13 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 137 metres of Private track as shown between points 13e and 13f on sheet 13 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 100 metres of SPA LANE as shown between points 13g and 13h on sheet 13 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 103 metres of SPINK’S LANE as shown between points 14a and 14b on sheet 14 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 49 metres of B1149 as shown between points 15a and 15b on sheet 15 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 77 metres of FARM ACCESS TRACK as shown between points 16a and 16b on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 34 metres of HOLT ROAD as shown between points 16c and 16d on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 130 metres of Private track as shown between points 16e and 16f on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 101 metres of THE STREET as shown between points 16g and 16h on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 60 metres of UNNAMED ROAD as shown between points 16i and 16j on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 49 metres of THE STREET as shown between points 16k and 16l on sheet 16 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 169 metres of B1149 as shown between points 17a and 17b on sheet 17 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 60 metres of BIRDS LANE as shown between points 17c and 17d on sheet 17 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 103 metres of FARM ACCESS TRACK as shown between points 17e and 17f on sheet 17 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 106 metres of AYLSHAM ROAD as shown between points 18a and 18b on sheet 18 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 69 metres of OLD FRIENDSHIP LANE as shown between points 18c and 18d on sheet 18 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 101 metres of NORWICH ROAD as shown between points 18e and 18f on sheet 18 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 142 metres of REEPHAM ROAD as shown between points 19a and 19b on sheet 19 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 60 metres of CHURCH LANE as shown between points 20a and 20b on sheet 20 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 149 metres of DISUSED AIRFIELD – ACCESS TRACK as shown between points 20c and 20d on sheet 20 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 89 metres of DISUSED AIRFIELD – ACCESS TRACK as shown between points 20e and 20f on sheet 20 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 61 metres of DISUSED AIRFIELD – ACCESS TRACK as shown between points 20g and 20h on sheet 20 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 62 metres of CLAY LANE as shown between points 21a and 21b on sheet 21 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 100 metres of CHURCH LANE as shown between points 21c and 21d on sheet 21 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 100 metres of UPGATE as shown between points 22a and 22b on sheet 22 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 97 metres of RESTRICTED BYWAY – SWANNINGTON RB12 as shown between points 22c and 22d on sheet 22 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 116 metres of REEPHAM ROAD as shown between points 22e and 22f on sheet 22 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 117 metres of PRIVATE TRACK as shown between points 23a and 23b on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 102 metres of MARRIOTT’S WAY as shown between points 23c and 23d on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 65 metres of FELTHORPE ROAD as shown between points 23e and 23f on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 108 metres of OLD FAKENHAM ROAD as shown between points 23g and 23h on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 43 metres of OLD FAKENHAM ROAD as shown between points 23i and 23j on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 135 metres of FAKENHAM ROAD as shown between points 23k and 23l on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 112 metres of Private track as shown between points 23m and 23n on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 34 metres of FAKENHAM ROAD as shown between points 23o and 23p on sheet 23 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 120 metres of Private track as shown between points 24a and 24b on sheet 24 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 23 metres of MORTON LANE as shown between points 24c and 24d on sheet 24 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 103 metres of RINGLAND LANE as shown between points 24e and 24f on sheet 24 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 27 metres of CHURCH HILL LANE as shown between points 25a and 25b on sheet 25 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 100 metres of NORWICH WESTERN LINK ROAD as shown between points 25c and 25d on sheet 25 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 60 metres of CHURCH HILL LANE as shown between points 25e and 25f on sheet 25 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 118 metres of THE BROADWAY as shown between points 26a and 26b on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 190 metres of Private track as shown between points 26c and 26d on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 85 metres of Private track as shown between points 26e and 26f on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 104 metres of Private track as shown between points 26h and 26g on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 100 metres of Private track as shown between points 26j and 26i on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 63 metres of FARM ACCESS TRACK as shown between points 26l and 26k on sheet 26 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 115 metres of TAVERHAM ROAD as shown between points 27a and 27b on sheet 27 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 62 metres of Private track as shown between points 27c and 27d on sheet 27 of the streets (to be temporarily stopped up) plan |
| District of Broadland | Approximately 6 metres of Planned - NCC as shown between points 28a and 28b on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 143 metres of A47 as shown between points 28c and 28d on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 63 metres of A47 as shown between points 28e and 28f on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 117 metres of CHURCH LANE as shown between points 28g and 28h on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 71 metres of CHURCH LANE as shown between points 28i and 28j on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 60 metres of BROOM LANE as shown between points 28k and 28l on sheet 28 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 110 metres of Private track as shown between points 29a and 29b on sheet 29 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 37 metres of COLTON ROAD as shown between points 29c and 29d on sheet 29 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 100 metres of COLTON ROAD as shown between points 29e and 29f on sheet 29 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 111 metres of CHAPEL STREET as shown between points 30a and 30b on sheet 30 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 187 metres of Private track as shown between points 30c and 30d on sheet 30 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 99 metres of B1108 as shown between points 31a and 31b on sheet 31 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 79 metres of BURDOCK LANE as shown between points 31c and 31d on sheet 31 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 21 metres of BURDOCK LANE as shown between points 31e and 31f on sheet 31 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 60 metres of SKOYLES LANE as shown between points 32a and 32b on sheet 32 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 100 metres of MELTON ROAD as shown between points 33a and 33b on sheet 33 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 111 metres of Private track as shown between points 33c and 33d on sheet 33 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 23 metres of B1172 as shown between points 34a and 34b on sheet 34 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 109 metres of B1172 as shown between points 34c and 34d on sheet 34 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 32 metres of B1172 as shown between points 34e and 34f on sheet 34 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 89 metres of Private track as shown between points 34g and 34h on sheet 34 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 100 metres of A11 as shown between points 35a and 35b on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 65 metres of FARM ACCESS TRACK as shown between points 35c and 35d on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 100 metres of HIGH STREET as shown between points 35e and 35f on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 30 metres of HIGH STREET as shown between points 35g and 35h on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 102 metres of UNNAMED as shown between points 35i and 35j on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 71 metres of CHURCH ROAD as shown between points 35k and 35l on sheet 35 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 206 metres of HETHERSETT ROAD as shown between points 36a and 36b on sheet 36 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 101 metres of FARM ACCESS TRACK as shown between points 36c and 36d on sheet 36 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 57 metres of HETHERSETT ROAD as shown between points 36e and 36f on sheet 36 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 107 metres of INTWOOD LANE as shown between points 37a and 37b on sheet 37 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 110 metres of MAIN ROAD as shown between points 38a and 38b on sheet 38 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 70 metres of SWARDESTON LANE as shown between points 38c and 38d on sheet 38 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 18 metres of SWARDESTON LANE as shown between points 38e and 38f on sheet 38 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 127 metres of HICKLING LANE as shown between points 39a and 39b on sheet 39 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 115 metres of MANGREEN ROAD as shown between points 40a and 40b on sheet 40 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 186 metres of A140 IPSWICH ROAD as shown between points 40c and 40d on sheet 40 of the streets (to be temporarily stopped up) plan |
| District of South Norfolk | Approximately 52 metres of A140 IPSWICH ROAD as shown between points 40e and 40f on sheet 40 of the streets (to be temporarily stopped up) plan |
SCHEDULE 4 — Public Rights of Way to be temporarily closed
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