Developer Requirements

The Development Consent Order (DCO) approved in May 2020 included 20 requirements the Developer must satisfy before development works can commence. The outline details of these are:

  1. Time limits – the development must commence no later then 28 May 2025
  2. Detailed design approval – no phase of the development may commence until all aspects of the design have been approved in writing by Swale Borough Council
  3. Battery safety management – the Battery Safety Management Plan must be approved by Swale Borough Council in consultation with the Health & Safety Executive and Kent Fire & Rescue Service
  4. Phases of authorised development – the development may not commence until a written scheme setting out the phases of construction is approved by Swale Borough Council
  5. Landscape and biodiversity management plan – no phase of the development may commence until a written landscape and biodiversity management plan is approved by Swale Borough Council consultation with Natural England
  6. Implementation and maintenance of landscaping – all landscaping works must be carried out in accordance with the landscape and maintenance plan approved under Requirement 5. Any tree or shrub planted as part of that scheme must be replaced if it is removed, dies or becomes seriously damaged or diseased
  7. Public rights of way diversions – no phase of the development may commence until a public rights of way management plan is approved by Swale Borough Council in consultation with Kent Highway Services
  8. Fencing and other means of enclosure – no phase of the development may commence until written details of all proposed permanent or temporary means of enclosure for that phase is approved by Swale Borough Council
  9. Surface and foul water drainage – no phase of the development may commence until details of the surface and foul water drainage system for that phase are approved by Swale Borough Council in consultation with Kent County Council and the Lower Medway Internal Drainage Board
  10. Archaeology – no phase of the development may start until a written scheme of archaeological investigation for that phase is approved by Swale Borough Council
  11. Construction environmental management plan – no phase of the development may start until a construction environmental management plan for that phase is approved by Swale Borough Council in consultation with Kent Highway Services and the Environmental Agency
  12. Construction traffic management plan – no phase of the development may start until written details of a construction traffic management plan for that phase is approved by Swale Borough Council and Kent Highway Services
  13. Special protection area construction noise management plan – no phase of the development may start until written details of a special protection area construction noise development plan for that phase is approved by Swale Borough Council
  14. Protected species – no phase of the development may start until final pre-construction survey work has been carried out for that phase, to establish where a protected species is present on any of the land affected, or in any of the trees to be lopped or felled as part of that stage of works. If a protected species is present the phase must not start until, after consultation with Natural England and Swale Borough Council, a scheme of protection and mitigation measures is approved by Swale Borough Council.
  15. Operational noise – no phase of the development may start until an operational noise assessment, detailing how the design has incorporated mitigation to ensure operational noise rating levels set out in the environmental statement are to be complied with for that phase, is approved by Swale Borough Council
  16. Local skills, supply chain and employment – no phase of the development may start until a skills, supply chain and employment plan for the development is approved by Swale Borough Council
  17. Decommissioning – within 14 days of the final commissioning the Undertaker must serve written notice of the date of final commissioning on Swale Borough Council and the Environment Agency. A review must be undertaken after 35 years of commissioning with the Environment Agency in respect of managed realignment of the existing flood defence and, if appropriate, every 5 years thereafter until the Environment Agency is able to submit a managed realignment programme. The Undertaker must submit the decommissioning and restoration plan to Swale Borough Council for approval within 3 months of all or part of the land ceasing to be used for the purposes of electricity generation or storage.
  18. Requirement for written approval – where the approval, agreement or confirmation of Swale Borough Council or another person is required under a requirement, this must be given in writing
  19. Amendments to approved details – any requirement which requires the development to be carried out in accordance with the details approved by Swale Borough Council 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 approver. Any amendments to, or variations from, the approved details must be in accordance with the principles and assessments set out in the environmental statement.
  20. Consultation – where Swale Borough Council 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

Full details of the requirements can be found on pages 31 to 37 in the following document:

https://infrastructure.planninginspectorate.gov.uk/projects/south-east/cleve-hill-solar-park/?ipcsection=docs&stage=6&filter1=Development+Consent+Order+as+Made

We will be publishing the documents on this site when they are submitted to Swale Borough Council for approval, and ask for your support in adding your comments where appropriate.

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