Wheelabrator Kemsley Generating Station (K3) and Wheelabrator Kemsley North (WKN) Waste to Energy Facility

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)

19 February 2021
Decision made by the Secretary of State
19 February 2021
Recommendations given by the Planning Inspectorate
19 November 2020

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.

21 August 2020

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

13 August 2020

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

06 August 2020
16 July 2020

Deadline 6 Submissions have now been published.

30 June 2020

Deadline 5 Submissions have now been published.

23 June 2020

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.

22 May 2020

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

20 May 2020

The Deadline 3 (D3) Submissions have now been published.

22 April 2020

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].

26 March 2020

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.

25 March 2020

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.

20 March 2020

Deadline 2 (D2) Submissions have now been published.

18 March 2020

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.

17 March 2020

Deadline 1 Submissions have now been published.

02 March 2020

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

26 February 2020

Read the letter

The Examination Timetable (Rule 8 letter) has been sent to Interested Parties

Procedural decision following Preliminary Meeting

26 February 2020

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.

20 February 2020
  • Preliminary Meeting takes place
  • Examination begins
19 February 2020

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.

21 January 2020
Relevant representations published on the website
11 December 2019
Registration of interested parties closes
04 December 2019

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.

27 November 2019

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.

05 November 2019
Registration of interested parties begins
23 October 2019
Read the letter

The application has been accepted for examination

08 October 2019
Decision on whether or not to accept the application for examination
08 October 2019
  • Application expected from applicant
  • Application received by the Planning Inspectorate
11 September 2019