7.—(1) No phase of the solar farm works and grid connection works 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; and
(i)programme for landscaping works,
relating to that phase have been submitted and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(2) The details submitted must accord with—
(a)the outline design principles; and
(b)for Work No. 2, the outline battery safety management plan.
(3) The solar farm works and grid connection works must be carried out in accordance with the approved details.
(4) The relevant planning authority must consult with Essex County Council in its role as lead local flood authority before approving details in relation to drainage or water under sub-paragraph 7(1)(h).
Commencement Information
I1Sch. 2 para. 7 in force at 18.7.2023, see art. 1
8.—(1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by both relevant planning authorities.
(2) The battery safety management plan must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development.
(3) The battery safety management plan must be substantially in accordance with the outline battery safety management plan.
(4) Both relevant planning authorities must consult with the Health and Safety Executive, the Essex County Fire and Rescue Service and the Environment Agency before determining an application for approval of the battery safety management plan.
(5) The battery safety management plan must be implemented as approved.
Commencement Information
I2Sch. 2 para. 8 in force at 18.7.2023, see art. 1
9.—(1) No phase of the solar farm works and grid connection works may commence until a written landscape and ecological management plan (which must be substantially in accordance with the outline landscape and ecological management plan) has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(2) The landscape and ecological management plan must include details of:
(a)how the plan will secure a minimum of 87% biodiversity net gain during the operation of the authorised development, calculated using The Biodiversity Metric 4.0, published by Natural England on 20 April 2023 [F1(or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature conservation body)];
(b)how the landscaping and ecological measures will be managed and maintained during the operational life of the solar farm works and grid connection works to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 20 (decommissioning and restoration); and
(c)how any approaches and measures in the biodiversity design strategy have been incorporated into the design of the solar farm works and grid connection works.
(3) The landscape and ecological management plan must be implemented as approved.
(4) For the purposes of sub-paragraph (1), “commence” includes site clearance involving vegetation removal.
Textual Amendments
F1Words in Sch. 2 substituted (21.11.2023) by The Longfield Solar Farm (Correction) Order 2023 (S.I. 2023/1241), art. 1(2), Sch.
Commencement Information
I3Sch. 2 para. 9 in force at 18.7.2023, see art. 1
10.—(1) No phase of the solar farm works and grid connection works may commence until written details of all proposed temporary fences, walls or other means of enclosure (including those set out in the construction environmental management plan), for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(2) No phase of the solar farm works and grid connection works may commence until written details of all permanent fences, walls or other means of enclosure for that phase (which must be substantially in accordance with the relevant outline design principles) have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(3) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.
(4) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph (1) at all times during construction of the solar farm works and grid connection works.
(5) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.
(6) Any approved permanent fencing in a phase must be completed before the date of final commissioning in respect of such phase.
Commencement Information
I4Sch. 2 para. 10 in force at 18.7.2023, see art. 1
11.—(1) No phase of the solar farm works and grid connection works may commence until written details of the surface water drainage scheme and (if any) foul water drainage system (which must be substantially in accordance with the outline drainage strategy) have been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities such approval to be in consultation with Essex County Council as the lead local flood authority.
(2) Any approved scheme must be implemented as approved and maintained throughout the construction and operation of the solar farm works and grid connection works.
Commencement Information
I5Sch. 2 para. 11 in force at 18.7.2023, see art. 1
12.—(1) No phase of the solar farm works or grid connection works may commence until a written scheme of investigation (which must accord with the overarching written scheme of investigation and outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities, such approval to be in consultation with Essex County Council and Historic England.
(2) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.
(3) The scheme submitted under sub-paragraph (1) must include details of the following which applies in the event that site investigation is required—
(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 investigation and provision made for analysis, publication and dissemination of results and archive deposition.
Commencement Information
I6Sch. 2 para. 12 in force at 18.7.2023, see art. 1
13.—(1) No phase of the solar farm works and the grid connection works may commence until a construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities, such approval to be in consultation with the relevant highway authority and the Environment Agency.
(2) All construction works associated with the solar farm works and the grid connection works must be carried out in accordance with the approved construction environmental management plan.
(3) For the purposes of sub-paragraph (1), “commence” includes remedial works in respect of any contamination or other adverse ground conditions and site clearance involving vegetation removal.
Commencement Information
I7Sch. 2 para. 13 in force at 18.7.2023, see art. 1
14.—(1) Prior to the date of final commissioning for any phase of the solar farm works and grid connection works, an operational environmental management plan (which must be substantially in accordance with the outline operational environmental management plan) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities, such approval to be in consultation with the relevant highway authority and the Environment Agency.
(2) The operation of the solar farm works and grid connection works must be carried out in accordance with the approved operational environmental management plan.
Commencement Information
I8Sch. 2 para. 14 in force at 18.7.2023, see art. 1
15.—(1) No phase of the solar farm works and grid connection works may commence until a construction traffic management plan (which must be substantially in accordance with the framework construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities, such approval to be in consultation with National Highways and the relevant highway authority.
(2) The construction traffic management plan must be implemented as approved.
Commencement Information
I9Sch. 2 para. 15 in force at 18.7.2023, see art. 1
16.—(1) No part of numbered works 1, 2 or 3 may commence until an operational noise assessment containing details of how the design of that numbered work has incorporated mitigation to ensure the operational noise rating levels as set out in Tables 11-13, 11-14 and 11-15 of Chapter 11 of the environmental statement are to be complied with for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(2) The design as described in the operational noise assessment must be implemented as approved.
Commencement Information
I10Sch. 2 para. 16 in force at 18.7.2023, see art. 1
17.—(1) Where a phase of the solar farm works includes a permissive path or paths, the permissive path or paths must be provided and open to the public prior to the date of final commissioning in respect of that phase as shown on the permissive paths plans.
(2) The permissive paths must be maintained and access by the public permitted for 364 days a year (subject to closures for maintenance or emergencies) until commencement of decommissioning of the authorised development pursuant to requirement 20 (decommissioning and restoration).
Commencement Information
I11Sch. 2 para. 17 in force at 18.7.2023, see art. 1
18.—(1) No phase of the solar farm works and grid connection works may commence until a public rights of way management plan (which must be substantially in accordance with the outline public rights of way management plan) for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both Braintree District Council and Chelmsford City Council, both relevant planning authorities, such approval to be in consultation with the relevant highway authority.
(2) The plan must be implemented as approved.
Commencement Information
I12Sch. 2 para. 18 in force at 18.7.2023, see art. 1
19.—(1) No phase of the solar farm works and the grid connection works may commence until a soils resource management plan (which must be substantially in accordance with the outline soils resource management plan as relevant to construction activities) for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(2) All construction works associated with the solar farm works and the grid connection works must be carried out in accordance with the approved soils resource management plan.
(3) Prior to the date of final commissioning for any phase of the solar farm works and grid connection works, a soils resource management plan (which must be substantially in accordance with the outline soils resource management plan as relevant to operational activities) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(4) The operation of the solar farm works and grid connection works must be carried out in accordance with the approved soils resource management plan.
(5) Prior to the start of any decommissioning works for any phase of the solar farm works and grid connection works, a soils resource management plan (which must be substantially in accordance with the outline soils resource management plan as relevant to decommissioning activities) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the Braintree District Council and Chelmsford City Council, both relevant planning authorities.
(6) The decommissioning of the solar farm works and grid connection works must be carried out in accordance with the approved soils resource management plan.
Commencement Information
I13Sch. 2 para. 19 in force at 18.7.2023, see art. 1
20.—(1) Within 3 months of the date that the undertaker decides to decommission any part of the solar farm works and grid connection works, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both Braintree District Council and Chelmsford City Council) for approval a decommissioning environmental management plan and a decommissioning travel management plan for that part. Decommissioning will commence no later than 40 years following the date of final commissioning of the first phase of numbered work 1 as notified by the undertaker pursuant to requirement 3 (phasing of the authorised development and date of final commissioning).
(2) The plans submitted and approved must be substantially in accordance with the relevant part of the decommissioning strategy.
(3) The decommissioning environmental management plan submitted and approved must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.
(4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has/have approved the plans submitted in relation to such works.
(5) The plans must be implemented as approved.
(6) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.
Commencement Information
I14Sch. 2 para. 20 in force at 18.7.2023, see art. 1
21. Save in respect of the works identified in this requirement, no phase of the solar farm works and grid connection works may commence until the necessary accesses, visibility splays and works to widen the public highway to facilitate access to the solar farm works (part of Work Number 9) have been carried out and completed.
Commencement Information
I15Sch. 2 para. 21 in force at 18.7.2023, see art. 1