Section 73 application to not comply with conditions 1A, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 22, 23, 25 and 33 of planning permission code no. CW4/1114/98. The existing consent has many pre-commencement conditions attached which prohibit the implementation of the existing consent until fully discharged. Such conditions are discouraged by national legislation, policy and guidance and should only be used where they are clearly justified. Energy Recovery Facilities are very complex and more time is required to carry out the detailed design of the facility and many of the pre-commencement conditions need to have those detailed designs before they can be discharged. The proposed changes to the conditions will enable a small part of the access road to the proposed car park to take place in advance of knowing these details and this will safeguard the planning permission. Full details will be submitted at a more appropriate time and before more substantive works are commenced. In addition one condition (33) repeats the reqquirements of an earlier condition and therefore requires removal.

Land off Bridge Street, Clay Cross,S45 9NY