The Cleve Hill Solar Park Order 2020

Article 3

SCHEDULE 1U.K.AUTHORISED DEVELOPMENT

PART 1 U.K.AUTHORISED DEVELOPMENT

1.  In the Districts of Swale and Canterbury in the County of Kent a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.U.K.

The nationally significant infrastructure project comprises up to two generating stations with a combined gross electrical output capacity of over 50 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule—

Work No.1— a ground mounted solar photovoltaic generating station with a gross electrical output capacity of over 50 megawatts comprising—

(a)solar modules;

(b)inverters;

(c)transformers; and

(d)a network of cable circuits.

Work No.2— works comprising either—

(a)an energy storage facility with a gross storage capacity of over 50 megawatts comprising—

(i)energy storage;

(ii)transformers;

(iii)switch gear and ancillary equipment;

(iv)a network of cable circuits;

(v)cables connecting to Work Nos. 1 and 3; and

(vi)a flood protection bund; or

(b)an extension of the ground mounted solar photovoltaic generating station in Work No.1 and comprising—

(i)solar modules;

(ii)inverters;

(iii)transformers;

(iv)electrical underground cables connecting to Work Nos. 1 and 3;

(v)a network of cable circuits; and

(vi)a flood protection bund,

and associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No.3— a substation with works comprising—

(a)a network of cable circuits;

(b)electrical underground cables connecting to Work Nos 1 and 2, and the existing substation;

(c)construction compounds; and

(d)a flood protection bund.

Work No.4— works comprising—

(a)a network of cable circuits;

(b)construction compounds;

(c)landscaping;

(d)earthworks;

(e)drainage; and

(f)undergrounding of existing overhead line.

Work No.5— works to lay cable systems connecting Work No. 3 and the existing substation and works to create and maintain means of access connecting to the existing access road in Work No. 7;

Work No.6— works to create and maintain a means of access connecting Work Nos 1, 2 and 3 with the existing access road in Work No. 7;

Work No.7— works to alter and maintain the existing access road;Work No.8— works to create and maintain a habitat management area, comprising—

(a)earth works;

(b)means of access; and

(c)drainage;

Work No.9— works to maintain the existing flood defence, comprising—

(a)inspection;

(b)investigation (above MHWS, inclusive of trial pitting);

(c)replacement of expansion joint material;

(d)concrete repair (to a standard specified in BS EN 1504);

(e)replacement of concrete toe beam;

(f)vegetation management (including grass cutting and removal of larger vegetation);

(g)replacement of loose and missing block work;

(h)repair of voids;

(i)fencing repair and replacement;

(j)servicing outfalls;

(k)cleaning outfall ancillary structures;

(l)topping up of embankment crest levels at localised low spots;

(m)vermin control;

(n)repairs of rutting in crest;

(o)repointing of jointed structures;

(p)replacing modular blocks;

(q)replacement of toe armour as required;

(r)reinstatement of timber toe piles;

(s)timber groyne plank replacement;

(t)replacement of bolts on groyne;

(u)placement of timber rubbing boards on groyne;

(v)localised movements of beach material;

(w)cleaning/dredging of drainage ditch channels;

(x)replacement of pitching where present;

(y)replacement of access structures;

(z)painting; and

(aa)any other activities required to be undertaken which—

(i)use the same materials as those on the existing flood defence;

(ii)do not alter the plan form or cross section of the existing flood defence;

(iii)do not provide an overall increase or reduction in flood level; and

(iv)do not require excavations of beach material deeper than 1.5 metres.

In connection with such Work Nos. 1 to 9 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

(a)works for the provision of fencing and security measures such as CCTV and lighting;

(b)laying down of internal access tracks;

(c)ramps, means of access and footpaths;

(d)bunds, embankments, and swales;

(e)boundary treatments, including means of enclosure;

(f)laying out and surfacing of permissive paths, including the laying and construction of drainage infrastructure, signage and information boards;

(g)habitat creation and management, including earthworks, landscaping, means of enclosure, and the laying and construction of drainage infrastructure;

(h)jointing bays, cable ducts, cable protection, joint protection, manholes, kiosks, marker posts, underground cable marker, tiles and tape, and lighting and other works associated with cable laying;

(i)works for the provision of apparatus including cabling, water supply works, foul drainage provision, surface water management systems and culverting;

(j)works to alter the position of apparatus, including mains, sewers, drains and cables;

(k)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(l)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(m)works for the benefit or protection of land affected by the authorised development; and

(n)working sites in connection with the construction of the authorised development, construction lay down areas and compounds, storage compounds and their restoration.

2.  The grid coordinates for that part of the authorised development which is seaward of MHWS are specified below—U.K.

PART 2U.K.REQUIREMENTS

Time limitsU.K.

1.  The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Detailed design approvalU.K.

2.—(1) No phase of the authorised development may commence until details of—

(a)the layout;

(b)scale;

(c)proposed finished ground levels;

(d)external appearance;

(e)hard surfacing materials;

(f)vehicular and pedestrian access, parking and circulation areas;

(g)refuse or other storage units, signs and lighting;

(h)drainage, water, power and communications cables and pipelines;

(i)programme for landscaping works; and

(j)fencing,

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

(2) The details submitted must accord with—

(a)the location, order limits and grid coordinates plan;

(b)the works plan;

(c)the principles and assessments set out in the environmental statement; and

(d)the outline design principles, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement .

(3) The authorised development must be carried out in accordance with the approved details.

Battery safety managementU.K.

3.—(1) Work No. 2(a) must not commence until a Battery Safety Management Plan (“BSMP”) has been submitted to and approved by the relevant planning authority.

(2) The BSMP must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No.2(a) including the transportation of new, used and replacement battery cells both to and from the authorised development.

(3) The BSMP must accord with the outline battery safety management plan.

(4) The relevant planning authority must consult with the Health and Safety Executive and Kent Fire and Rescue Service before determining an application for approval of the BSMP.

(5) The BSMP must be implemented as approved.

Phases of authorised developmentU.K.

4.—(1) The authorised development may not be commenced until a written scheme setting out the phases of construction of the authorised development has been submitted to and approved by the relevant planning authority.

(2) The scheme must be implemented as approved.

Landscape and biodiversity management planU.K.

5.—(1) No phase of the authorised development may commence until a written landscape and biodiversity management plan (which accords with the outline landscape and biodiversity management plan) has been submitted to and approved by the relevant planning authority in consultation with Natural England.

(2) The landscape and biodiversity management plan must be implemented as approved.

Implementation and maintenance of landscapingU.K.

6.—(1) All landscaping works must be carried out in accordance with the landscape and biodiversity management plan approved under requirement (landscape and biodiversity management plan), and in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Public rights of way diversionsU.K.

7.—(1) No phase of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the access and rights of way plans for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority.

(2) The plan must include details of—

(a)measures to minimise the length of any sections of public rights of way to be temporarily closed; and

(b)advance publicity and signage in respect of any sections of public rights of way to be temporarily closed.

(3) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the highway authority.

Fencing and other means of enclosureU.K.

8.—(1) No phase of the authorised development may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works for that phase have been submitted to and approved by the relevant planning authority as part of the detailed design approval required by requirement 2(1).

(2) For the purposes of requirement 8(1), “commence” includes any site preparation works.

(3) Any construction site must remain securely fenced in accordance with the approved details at all times during construction of the authorised development.

(4) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.

(5) Any approved permanent fencing must be completed before completion of the authorised development.

Surface and foul water drainageU.K.

9.—(1) No phase of the authorised development may commence until details of the surface and (if any) foul water drainage system (including means of pollution control) for that phase have been submitted to and approved by the relevant planning authority in consultation with Kent County Council as lead local flood authority and the Lower Medway Internal Drainage Board.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details.

ArchaeologyU.K.

10.—(1) No phase of the authorised development may commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation) for that phase has been submitted to and approved by the relevant planning authority.

(2) For the purposes of requirement 10(1), “commence” includes any site preparation works.

(3) In the event that site investigation is required, the scheme must include details of the following—

(a)an assessment of significance and research questions;

(b)the programme and methodology of site investigation and recording;

(c)the programme for post investigation assessment;

(d)provision for analysis of the site investigation and recording;

(e)provision for publication and dissemination of the analysis and records of the site investigation;

(f)provision for archive deposition of the analysis and records of the site investigation; and

(g)nomination of a competent person, persons or organisation to undertake the works set out within the written scheme of investigation.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

(5) In the event that site investigation is required, the site investigation and post investigation assessment must be completed in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition.

Construction environmental management planU.K.

11.—(1) No phase of the authorised development may commence until a construction environmental management plan (which must accord with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority, in consultation with the relevant highway authority and the Environment Agency.

(2) The construction environmental management plan must include the following documents relevant to the phase of the authorised development in respect of which it is submitted—

(a)site waste management plan;

(b)breeding bird protection plan;

(c)new watercourse crossing inventory; and

(d)upgraded watercourse crossing inventory.

(3) The construction environmental management plan must be implemented as approved.

Construction traffic management planU.K.

12.—(1) No phase of the authorised development may commence until written details of a construction traffic management plan (which must accord with the outline construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority.

(2) The construction traffic management plan must be implemented as approved.

Special protection area construction noise management planU.K.

13.—(1) No phase of the authorised development may commence until written details of a special protection area construction noise management plan (which must accord with the outline special protection area construction noise plan) for that phase has been submitted to and approved by the relevant planning authority.

(2) The special protection area construction noise management plan must be implemented as approved.

Protected speciesU.K.

14.—(1) No phase of the authorised development may commence until final pre-construction survey work has been carried out for that phase to establish whether a protected species is present on any of the land affected, or likely to be affected, by the authorised development or in any of the trees to be lopped or felled as part of that stage of the connection works.

(2) For the purposes of requirement 14(1) “commence” includes any site preparation works.

(3) Where a protected species is shown to be present, the phase of the authorised development must not begin 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.

(4) The authorised development must be carried out in accordance with the approved scheme.

(5) In this requirement, “protected species” refers to any species defined as a European Protected Species in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 M1 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981 M2 applies.

Operational noiseU.K.

15.—(1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that phase has been submitted to and approved by the relevant local planning authority.

(2) The design as described in the operational noise assessment must be implemented as approved.

Local skills, supply chain and employmentU.K.

16.—(1) No phase of the authorised development may commence until for that phase a skills, supply chain and employment plan in relation to the authorised development (which accords with the outline skills, supply chain and employment plan) has been submitted to and approved by the relevant planning authority.

(2) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities.

(3) The skills and employment plans must be implemented as approved.

DecommissioningU.K.

17.—(1) Within 14 days of the date of final commissioning the undertaker must serve written notice on the relevant planning authority and the Environment Agency of the date of final commissioning.

(2) No later than the 35th anniversary of the date of final commissioning, the undertaker and Environment Agency must—

(a)undertake a review of the progress made by the Environment Agency in respect of managed realignment of the existing flood defence, with particular regard to the timescales for achieving—

(i)all necessary consents and approvals;

(ii)all the land and/or rights over land; and

(iii)funding required for managed realignment of the existing flood defence; and

(b)as soon as reasonably practicable following that review, submit a managed realignment programme to the relevant planning authority, which sets out the timescales for achieving the matters prescribed in sub-paragraphs to inclusively and the anticipated date by which the parts of the authorised development required for managed realignment of the existing flood defence must be decommissioned.

(3) If the Environment Agency is unable to satisfy the requirements of sub-paragraph on or before the 35th anniversary of the date of final commissioning, the process set out in that sub-paragraph must be repeated every five years thereafter until the Environment Agency is able to submit a managed realignment programme to the relevant planning authority compliant with that sub-paragraph.

(4) The Environment Agency must consult, and have regard to any representations received from, the undertaker in respect of the managed realignment programme before it is submitted to the relevant planning authority and if the undertaker and Environment Agency cannot agree the timescales to be included in the managed realignment programme those timescales shall be determined pursuant to article 35 (arbitration).

(5) The Environment Agency may submit an application to the relevant planning authority for a decommissioning notice to be served on the undertaker in accordance with the managed realignment programme submitted pursuant to sub-paragraph or provided that it has first consulted, and had regard to, any submissions on the application made by the undertaker.

(6) The application made pursuant to sub-paragraph must be accompanied by evidence that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively.

(7) Within eight weeks of receiving an application pursuant to sub-paragraph , or such other timescale as may be agreed in advance with the undertaker, the relevant planning authority must serve the decommissioning notice on the undertaker.

(8) Before serving the decommissioning notice, the relevant planning authority must—

(a)be satisfied on the evidence before it that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively; and

(b)consult, and have regard to, any submissions made by the undertaker.

(9) The decommissioning notice must—

(a)give reasons for the relevant planning authority determining that the Environment Agency has secured the matters prescribed in sub-paragraphs to inclusively;

(b)include a plan detailing the extent of land within the Order limits required for managed realignment of the existing flood defence;

(c)not be served—

(i)within a period of 40 years from the date of final commissioning, or until such later time as any appeal, arbitration or judicial review of any decommissioning notice served pursuant to this Requirement has been determined, and provide that the authorised development may continue to generate and store electricity on a commercial basis until the later of those periods has been determined; and

(ii)in respect of any land within the Order limits that is not required for managed realignment of the existing flood defence as shown on the plan required by of this sub-paragraph.

(10) The undertaker must submit the decommissioning and restoration plan to the relevant planning authority for approval within 3 months of the earlier of—

(a)all or part of the Order land ceasing to be used for the purposes of electricity generation or storage (either actively generating electricity or being available to generate electricity on a standby basis);

(b)the date of the decommissioning notice served pursuant to sub-paragraph ; or

(c)such other timescale as may be approved by the relevant planning authority in writing.

(11) The decommissioning and restoration plan required by sub-paragraph must—

(a)accord with the outline decommissioning and restoration plan;

(b)state the date by which the authorised development will be decommissioned; and

(c)not require the undertaker to decommission the existing flood defence located within the Order limits.

(12) The decommissioning and restoration plan required must be implemented as approved.

(13) In this requirement the following definitions have effect—

“date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

“decommissioning and restoration plan” means the decommissioning and restoration plan approved by the relevant planning authority pursuant to sub-paragraph which sets out how the authorised development should be decommissioned and the specification to which the land should be restored having regard to the outline decommissioning and restoration plan and whether or not that land is required for managed realignment of the existing flood defence;

“decommissioning notice” means the notice to be served by the relevant planning authority on the undertaker pursuant to sub-paragraph which confirms the requirement for the authorised development to be decommissioned having regard to the managed realignment programme and the matters prescribed in sub-paragraph ;

“managed realignment of the existing flood defence” means the physical realignment of the existing flood defence located within the Order limits (that would require the removal of all or any part of Work No. 1, 2 and 3) as it exists at the date of this Order and as described in the Medway Estuary and Swale Strategy published on 10 September 2019 or as otherwise agreed between the undertaker and the Environment Agency, or determined by article 35 (arbitration); and

“managed realignment programme” means the managed realignment programme required to be submitted to the relevant planning authority by the Environment Agency pursuant to sub-paragraph or which sets out the timescales within which the Environment Agency reasonably expects the matters prescribed in sub-paragraphs to inclusively to be secured such that managed realignment of the existing flood defence can be achieved.

Requirement for written approvalU.K.

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

Amendments to approved detailsU.K.

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 person, the approved details must be carried out as approved unless an amendment or variation is previously agreed in writing by the relevant planning authority or that other person in accordance with sub-paragraph .

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

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

ConsultationU.K.

20.  Where the relevant planning authority is required by this Order or other statute to consult with another person or body prior to discharging a requirement, the undertaker must consult with such person or body prior to making an application to discharge the requirement.

PART 3 U.K.PROCEDURE FOR DISCHARGE OF REQUIREMENTS

InterpretationU.K.

21.  In this Part of this Schedule, “discharging authority” means—

(a)any body responsible for giving any consent, agreement or approval required by a requirement included in Part 2 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

(b)the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”M3.

Applications made under requirementsU.K.

22.—(1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with—

(a)the day immediately following that on which the application is received by the discharging authority; or

(b)where further information is requested under paragraph , the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, the discharging authority may—

(a)give or refuse its consent, agreement or approval; or

(b)give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirementsU.K.

23.—(1) In relation to any application referred to in paragraph , the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

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

(3) If the requirement concerned contained in Part 2 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five business days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

(4) If the discharging authority does not give the notification within the period specified in sub-paragraph or it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

AppealsU.K.

24.—(1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

(a)the discharging authority refuses an application for any consent, agreement or approval required by—

(i)a requirement contained in Part 2 of this Schedule; or

(ii)a document referred to in any requirement contained in Part 2 of this Schedule;

(b)the discharging authority does not determine such an application within the time period set out in paragraph 22(1), or grants it subject to conditions;

(c)the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;

(d)on receipt of a request for further information pursuant to paragraph of this Part of this Schedule, the applicant 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

(e)on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a)any appeal by the applicant must be made within 42 days of the date 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 22(1), giving rise to the appeal referred to in sub-paragraph (1);

(b)the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 2 of this Schedule;

(c)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

(d)the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within ten business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

(e)the applicant must make any counter-submissions to the appointed person within ten business days of receipt of written representations pursuant to sub-paragraph above; and

(f)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the ten day period for counter-submissions under sub-paragraph .

(3) The appointment of the appointed person pursuant to sub-paragraph 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 enable the appointed person 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 is to be submitted.

(5) Any further information required pursuant to sub-paragraph 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. 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 ten business days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs to .

(6) On an appeal under this paragraph, the appointed person may—

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of 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.

(9) 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 a judicial review.

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

(11) Save where a direction is given pursuant to sub-paragraph requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

(12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal 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 relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.