What happens next
A decision on the application for a Development Consent Order for Wheelabrator Kemsley Generating Station (K3) and Wheelabrator Kemsley North (WKN) Waste to Energy Facility was taken on 19 February 2021 and has now been issued.
The period for legal challenge is defined in s118 of the Planning Act 2008. Further information about legal challenge can be found in the letter sent to all Interested Parties accompanying the Secretary of State’s decision and statement of reasons.
If you have any queries about the process please email the Planning Inspectorate at [email protected] or telephone the helpline on 0303 444 5000.
Timeline (36 items)

The Secretary of State for Business, Energy and Industrial Strategy accepted the Examining Authority’s recommendation to grant development consent to Wheelabrator Kemsley K3 Generating Station only. Wheelabrator Kemsley North (WKN) Waste to Energy Facility was not granted development consent.
For further information please refer to the following decision documentation:
Planning Inspectorate Notification of Decision Letter (PDF, 117KB)
Secretary of State Decision Letter (PDF, 324KB)
Development Consent Order as Made by the Secretary of State (PDF, 308KB)
Habitats Regulations Assessment (PDF, 728 KB)
Examining Authority’s Recommendation Report (PDF, 3MB)
Post-examination Submissions (PDF, 6MB)
Regulation 31 Notice (PDF, 104KB)



The Examination closed at 23.59 on 19 August 2020 and the Notification of completion of the Examination (PDF, 138KB) has been issued.
The Examining Authority made a Procedural Decision (PDF, 107KB) regarding documents which were submitted on the last day of the Examination.

Deadline 8 Submissions have now been published and Examination Library (PDF 372kb) has been updated.

Deadline 7 Submissions have now been published and Examination Library has been updated.

The following documents have been published:
Report on the Implications for European Sites
Examining Authority’s Consultation draft Development Consent Order (DCO)
The Schedule of Amendments
Examining Authority’s Further Written Questions ExQ4.
See the Examination Timetable for deadlines for responses and comments.

The Examining Authority’s further written questions and requests for information (ExQ3) has now been published.

The Examining Authority has made a Procedural Decision on 22 May 2020 relating to the events reserved for the w/c 16 June 2020, and has made amendments to the Examination Timetable.

Deadline 4 Submissions have now been published and Examination Library has been updated.

The Rule 9 letter and Examining Authority’s Further Written Questions (ExQ2) have been published.

The Examining Authority’s further written questions and requests for information (ExQ1A) has now been published.

IMPORTANT: Please note the Accompanied Site Inspection and Hearings due to be held w/c 13 April 2020 have been postponed in light of the current public health situation surrounding the coronavirus (COVID-19)
The Examining Authority has consequently issued a Procedural Decision making an amendment to the Examination Timetable.
As a result of ongoing Government measures relating to COVID-19 the Planning Inspectorate is seeking to ensure that all Parties are notified of key developments on projects, in a timely manner. In order to help achieve this, and to minimise any delays which could arise if the postal service is affected, it would be extremely helpful if registered Parties that have not already done so could supply us with a contact e-mail address as soon as possible to [email protected].

IMPORTANT: As a result of ongoing Government guidance relating to COVID-19 the Planning Inspectorate is seeking to ensure that all Parties are notified of key developments on projects, in a timely manner. In order to help achieve this, and to minimise any delays which could arise if the postal service is affected, it would be extremely helpful if registered Parties that have not already done so could supply us with a contact e-mail address as soon as possible (details in the contact information heading of the project page).
Please be assured that this information will be managed in line with our Privacy Notice.

IMPORTANT: Please note the Accompanied Site Inspection and Hearings due to be held w/c 13 April 2020 have been postponed in light of the current public health situation surrounding the coronavirus (COVID-19).
We are not yet in a position to identify a revised timetable as this will depend on the ongoing situation.
Advice is available and you are requested to please take careful note of it.

IMPORTANT: In the light of the current public health situation surrounding coronavirus (COVID-19), if you are planning to attend the Issue Specific Hearings (ISH) w/c 13 April 2020 please check this website regularly and before travelling to the event.
If there are any changes or cancellations required to these Hearings this page will be updated as soon as possible. Advice is available and you are requested to please take careful note of it.

The Rule 8 Letter has been published and Interested Parties can now make a submission against Deadline 1 (D1).

The Examination Timetable (Rule 8 letter) has been sent to Interested Parties
Procedural decision following Preliminary Meeting

The recordings of audio for the Preliminary Meeting and Issue Specific Hearing 1 (ISH1) into the draft Development Consent Order – 19 February 2020 have now been published.

- Preliminary Meeting takes place
- Examination begins

The Agenda for Issue Specific Hearing 1 (ISH1) into the draft Development Consent Order has now been published.

The notification of Preliminary Meeting (Rule 6 letter) has been sent Read the letter
The letter also includes the draft Examination Timetable and Initial Assessment of Principal Issues.



You can now register as an Interested PartyRegister online
If you are unable to complete a registration form online and would like to register your interest, please call the helpline on: 0303 444 5000 to request a paper form. For further advice please see Advice Note 8.2: How to register to participate in an Examination.

The Examining Authority has exercised their discretion and accepted the following documents from the Applicant as Additional Submissions:
2.1 – S51 Draft Development Consent Order, October 2019
1.2 – S51 Application Guide, October 2019
2.3 – S51 DCO Validation Report
2.4 – S51 Book of Reference
2.5 – S51 Summary of Land Interests and Rights (replaces Statement of Reasons)
2.6 – S51 Summary of Applicant’s Structure and Standing (replaces Funding Statement)
4.1 – Consultation Report, October 2019
7.1 – Covering letter
5.4 – S51 Land Plan (9812-0057-005)
The Examination Library has been updated.



- Application expected from applicant
- Application received by the Planning Inspectorate