Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — by A Owen MA BA(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 20th February 2026

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — PE30 2HD • Both appeals are made by Mr Michael Stollery of Mickram Ltd against Norfolk County Council. • Both applications sought planning permission for erection of an anaerobic digestion facility to process biomass including reception/office building and workshop, digesters, storage tanks, combined heat and power plant, energy crop storage area and ancillary plant without complying with conditions attached to planning permission Ref 23/02258/F, dated 18 December 2023. • The conditions in dispute are Nos 1, 6, 13a and 24 which state that: 1. “The development hereby permitted shall be carried out in accordance with the following plans • Location plan (Mikram 1) Unless otherwise agreed in writing, the development shall be carried out in accordance with the following approved plans: • Block Plan (PR000112-103-tek02-02 Rev.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — PE30 2HD 01 (received 6th February 2024) • Digestate Storage Tank (QX2105983 1 101 received 5th January 2022) • Process Building Elevation Plans (1d) • Access Track Details x3 (1e(1), 1e(2) and 1e(3)) • Administrative Building, 15788a (1h) • Gas Upgrade Unit, 354-tek02-50 Rev.0 (1i) • Digester AD-250-538 Rev.C • Digestate Storage If any alternative plans are submitted to enable flexibility in layout and plant/machinery provision, none of the units shall exceed height, sound, odour or emission limitations of those approved above unless specifically approved by separate planning permission.” 6. “No deliveries shall take place outside the hours of 09.00 – 17.00 Monday to Friday and 09.00 – 13.00 Saturdays, and no deliveries shall take place on bank or public holidays.” 13.“The use of the site shall be restricted to: a) The anaerobic digester process and associated operations, including the receipt, handling and storage of no more than: 55,000 tonnes of feedstock, comprising: cereal crops, grasses, beet pulp, residues, manures and vegetables in any one calendar year;” 24.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — PE30 2HD “Daily HGV movements shall not exceed those shown in table 1, including the average daily deliveries and the maximum peak traffic movements during the harvest cycles, within the Transportation Updated Plan dated 15th December 2021, unless otherwise agreed in writing by the LPA.” • The reasons given for the conditions are: 1. “For the avoidance of doubt and in the interests of proper planning.” 6. “In the interests of neighbour amenity in accordance with the provisions of the NPPF.” 13. “For the avoidance of doubt and in the interests of proper planning.” 24. “For the avoidance of doubt and to ensure that HGV movements on the Local Highway Network are not increased beyond those considered during the determination of the original application in the interests of highway safety and the amenity of the locality in accordance with the NPPF and Development Plan.”

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The application Ref is FUL/2024/0010. https://www.gov.uk/planning-inspectorate

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The application Ref is FUL/2024/0010. https://www.gov.uk/planning-inspectorate

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 Appeal B Ref: APP/X2600/W/25/3371326 • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The application Ref is FUL/2025/0022. Decisions 1. Appeal A is allowed and planning permission is granted for erection of an anaerobic digestion facility to process biomass including reception/office building and workshop, digesters, storage tanks, combined heat and power plant, energy crop storage area and ancillary plant at Land north of Riverside Business Centre Cross Bank Road, Kings Lynn, PE30 2HD in accordance with the terms of the application, Ref FUL/2024/0010, subject to the conditions in the attached schedule. 2. Appeal B is dismissed. Preliminary Matters 3. The application subject of Appeal A was originally submitted to vary conditions 2, 14 and 25 attached to planning permission 21/02449/F.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 However it is understood that during that application’s determination, planning permission 23/02258/F was granted. Amended application forms were then submitted and these show that the application now related to conditions 1, 6, 13a and 24 of planning permission 23/02258/F. This is what the Council considered, is the basis on which I have determined the appeal, and is as set out in the header above. 4. The original planning permission1 for an anaerobic digestion facility was granted in 2019 by the Borough Council of Kings Lynn & West Norfolk. Since that time there have been a number of applications under s73 to vary conditions of the preceding planning permissions. I have used the description of the development given on that original planning permission in the header above, as that is the form of development, rather than the variations of conditions used as the descriptions of development in the subsequent planning permissions. 5. It has been confirmed by a Lawful Development Certificate that planning permission 21/00800/F has been implemented, by the provision of a concrete base for a fire water store. It is agreed by the parties that the development subject of 23/02258/F has also been implemented by the same works.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 This concrete base is not shown on the proposed plans submitted as part of this appeal, but it would not necessarily need to be shown if it is already in place. I have determined the appeal on the basis that the development subject of this appeal has commenced. 6. Since the time of the County Council’s decision, they have adopted a new Minerals and Waste Local Plan (May 2025) (MWLP), and Kings Lynn and West Norfolk Borough Council have adopted a new Local Plan (March 2025) (LP). As such the policies referred to in the decision letter are no longer in force. The relevant policies in the new Plans have been provided to the appellant during the appeal. 7. Both appeals seek to amend the same four conditions, broadly; to increase the volume of material to be brought to the site from 55,000 to 80,000 tonnes per year 1 Ref 18/01864/FM https://www.gov.uk/planning-inspectorate 2

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 and the number of permitted vehicle movements associated with that; to allow the import of pre-processed liquid food waste; and to make minor alterations to the design of the Administrative Building and the layout of the site. 8. The difference between the two appeals is that the plans submitted with Appeal A indicate that the drainage ditch that currently passes through the site would be culverted, whereas in Appeal B the drawings show the drain would be diverted around the development. 9. I understand that Kings Lynn & West Norfolk Borough Council have granted planning permission2 separately to divert the drain around the development and that it was included in an approved application for a non-material amendment3 to permission 23/02258/F. Furthermore, the details submitted to discharge condition 9 of permission ref 23/02258/F, which requires full details of the foul and surface water drainage arrangement to be submitted to and approved in writing by the Borough Council, showed the drain diverted around the development. These details were approved and so the condition was discharged. 10.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 This therefore establishes a conflict between the details provided in respect of Appeal A relating to condition 1 and those approved by the Borough Council. However I must primarily determine the appeals on the basis of the submitted details and so any conflict between the approved plans would be for the relevant parties to resolve. 11. Appeal B effectively seeks to address that conflict by incorporating the diverted drain within the s73 application. However, in my view, the diversion of a drain is a significant and distinct engineering operation, it is not included within the description of development originally granted planning permission and I consider the proposal would go beyond the scope of a s73 application. Therefore Appeal B must fail and so the rest of my decision focusses on Appeal A. In any case, given the above mentioned decisions by the Borough Council, my decision on Appeal B is of little practical consequence. Main Issues 12. The main issues in Appeal A are whether the conditions are necessary and reasonable in the interests of flood risk and the living conditions of nearby residents with respect to noise and disturbance resulting from an increase in traffic. Reasons Flood risk 13.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 The appeal site mainly comprises an area of undeveloped land alongside the Great Ouse river. It includes a raised bank alongside the river, with the drainage ditch running along the bottom of the bank, and the land behind it. The appeal site boundary also includes vehicular access routes from Estuary Road and Cross Bank Road. 14. Three of the four conditions subject of the appeal relate to the operation of the site, and it is only condition 1 which relates to built development. The appellant states 2 Ref 25/00067/F 3 Ref 23/02258/NMA_1 https://www.gov.uk/planning-inspectorate 3

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 The appeal site mainly comprises an area of undeveloped land alongside the Great Ouse river. It includes a raised bank alongside the river, with the drainage ditch running along the bottom of the bank, and the land behind it. The appeal site boundary also includes vehicular access routes from Estuary Road and Cross Bank Road. 14. Three of the four conditions subject of the appeal relate to the operation of the site, and it is only condition 1 which relates to built development. The appellant states 2 Ref 25/00067/F 3 Ref 23/02258/NMA_1 https://www.gov.uk/planning-inspectorate 3

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 that it is only the site layout plan and the plan showing the administrative building that are proposed to be amended. 15. The plan showing the site layout permitted as part of the previous planning permission for the site, shows a number of digester tanks in the east part of the site and storage areas in the west, some buildings in the south west and additional plant in the south east. The whole site would necessarily be hardsurfaced. The proposed alteration would involve slight changes to the digester tanks, but their position on the site would not be altered. Likewise the admin building would be enlarged but would remain in the same position on the site. 16. The previously approved plans do not explicitly indicate how the drainage ditch that crosses the site would be dealt with. However as the plans indicate the retention of the part of the ditch immediately south of the application site and there is no suggestion the ditch north of the site would change, it is reasonable to conclude that it was previously proposed that the alignment of the drainage ditch would remain and be culverted under the site. 17.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 The first two reasons for refusal suggest the Council consider it unlikely that the Water Management Alliance (WMA) would be unlikely to grant a Land Drainage Consent for culverting works. The objections from WMA would support the Council’s view. But it would be unreasonable in my view to withhold planning permission on the basis that a third party would not grant consent. 18. Notwithstanding that, a number of planning permissions have already been granted, and at least one implemented, which would involve culverting the drain. As the current proposal would not be materially different to those in respect of the drainage ditch, I see no reason why a different decision could be reached on the development as shown on the plans now. 19. The site is within Flood Zone 3. The Environment Agency confirmed that the alterations to the site layout including the increase in the size of the administrative building, and the alteration in the type and volume of feedstock, do not affect their view that the site could be appropriately drained such that there would be no increased risk of flooding.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 It is also understood that the Lead Local Flood Authority have objected, but this relates mainly to the diversion of the drain and inconsistencies in the site boundary which are subject of the proposal in Appeal B. In any case, details of surface and foul water drainage, as required to be submitted by condition 9 attached to permission 23/02258, have been approved. 20. Overall, there is no reason why the proposed alterations to the development would necessarily increase flood risk. Therefore the development with the suggested conditions in place, particularly condition 1, would accord with MWLP policies MW1, MW3 and WP16 and LP policies LP06, LP18 and LP25 which together aim to ensure that development should not have an unacceptable impact on flood risk and be resilient to climate change. Living conditions 21. The increase in tonnages from 55,000tpa to 80,000tpa would require an amended version of condition 13a. This would result in an increase from 12 to 21 HGV movements per day. In addition to this, during harvest periods, an additional 11 HGVs per day will deliver maize. The harvest periods are shown in the Transport https://www.gov.uk/planning-inspectorate 4

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 Statement to be May/June and September/October and so for those times there would be 32 HGV movements per day. 22. It is noted that the harvest periods set out in a letter from the appellant’s agent in April 2024 are different to those in the Transport Statement. However in both cases the harvest periods would be for 30 days and so the number of HGVs overall, which is what the highways authority have assessed, would be the same. It is also recognised that harvest periods are weather dependent so could vary year on year. The Highways Authority raise no objection to the increase in HGV traffic or the operation of the Estuary Road/Edward Benefer Way junction. As such, the increase in tonnages in condition 13a, and the consequential increase in total vehicle numbers, as set out in condition 24, would not be likely to result in any adverse effects. 23. The increase in traffic at harvest times would require an increase in the hours of operation. The appellant has suggested that condition 6 be amended to allow for extended working hours during harvest periods, and that further details of this would be provided later.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Extended working could be as much as from 6am until 10pm, but more typically 7am until 9pm. This is substantially greater than that currently allowed for. 24. The hours would be weather dependent, which clearly could not be predicted until closer to the time. However, I agree with the Council that the condition proposed would not meet the tests set out in the National Planning Policy Framework as it would be imprecise, merely relying on details to be submitted in advance of the operation. Given their dependency on the weather, this would most likely to be very close to the time of the required extension, giving the Council little time to consider it. As such, although the Borough Council’s Community Safety and Neighbourhood Nuisance team had no objections, that was subject to the condition being imposed, which, for the reason given above, would not be appropriate. In addition the submitted noise assessment only assesses noise from traffic during the normal hours, not the longer, harvest period hours. Noise during these extra hours, particularly potentially from 6am, could be disturbing to nearby residents such as those living on Meadow Close which is adjacent to the vehicular access to the site. 25.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 As such, whilst the increase in the tonnages and number of vehicles would be acceptable, I cannot conclude the additional hours would be. 26. The proposal, with suggested condition 6 in place, would therefore fail to accord with policy LP21 of the Local Plan which says that proposals will be assessed against their impact on neighbouring occupants including in terms of noise, and that development that has a significant adverse impact on the amenity of others will be refused. It would also be contrary to NWMLP policy MW1 which aims to ensure that development does not have an unacceptable impact on local amenity including noise levels. Other Matters 27. The site is roughly 2km from the North Norfolk Coast Special Area of Conservation (SAC), The Wash Special Protection Area (SPA) and Ramsar site. It is also around 7km from Dersingham Bog and Roydon Common which are both SPAs and Ramsar sites. https://www.gov.uk/planning-inspectorate 5

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 28. The qualifying features for the North Norfolk Coast SPA include coastal lagoons, embryonic shifting dunes, grey dunes, white dunes, humid dune slacks, Mediterranean and thermo-Atlantic halophilous scrubs, perennial vegetation of stony banks as well as otters and petalwort. 29. The qualifying features for The Wash SPA include bar-tailed godwit, bewick's swan, black-tailed godwit, common scoter, curlew, dark-bellied brent goose, dunlin, gadwall, goldeneye, grey plover, knot, little tern, oystercatcher, pink-footed goose, pintail, redshank, sanderling, shelduck, turnstone, wigeon, breeding common tern and a waterbird assemblage. 30. Dersingham Bog SPA is a pure acid valley mire which grades into dry heathland along the greensand. Its qualifying features also include its extensive bog, wet heath and transition communities over peat. Roydon Common SPA is also an area of lowland mixed valley mire surrounded by heathland with the valley bottom comprising acid bog and nutrient-poor fen communities. 31. The parties agree that the development would not be likely to have any significant effects on these habitat sites.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 This is because of the distance between them and the appeal site and due to the fact that nitrogen emissions from the site would disperse quickly in air such that any increased levels resulting from the development would be difficult to perceive beyond 200m from the site. All the habitat sites are substantially beyond this distance. Natural England have also confirmed, in response to an EIA screening request, that significant effects on statutory designated sites are unlikely. Accordingly I am satisfied that the development would not be likely to cause significant adverse effects to the integrity of these habitat sites. I also understand it has been determined that, even in combination with a drying facility which benefits from an extant planning permission, the development would not be likely to have significant adverse effects on the habitat sites. Conditions 32. The advice in the Planning Practice Guidance makes it clear that decision notices for the grant of planning permission under s73 should restate the conditions imposed on earlier permissions that continue to have effect.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 I have done this in respect of Appeal A, but some conditions have been amended to refer to more recent versions of reports, such as those relating to transport, flooding or ecology. Some conditions may have been discharged, but I have included them again for completeness and addressing them is a matter the parties can resolve. 33. Conditions 1 and 13 reflect those amendments sought by Appeal A and are necessary in the interests of certainty. I have amended slightly the wording of condition 1 so that it is clear that, on some of the drawings, only specific details are approved. I have also removed some of the plans from the suggested list as they appear to be superfluous or repetitious. 34. Conditions 2, 3 and 4 are necessary to ensure access arrangements previously agreed are provided satisfactorily, and condition 16 is imposed in order to ensure the site itself is satisfactorily accessed. 35. Conditions 5, 6, 19 and 24 are necessary to ensure the living conditions of nearby residents are protected. Conditions 7, 8, 10, 11, 17, 18, 21, 22 and 23 are all https://www.gov.uk/planning-inspectorate 6

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Appeal A Ref: APP/X2600/W/25/3367475 Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 imposed to ensure the character and appearance of the area is maintained, including after the development has ceased operating. 36. Conditions 9 and 20 are imposed to ensure the development is satisfactorily drained and to avoid increasing flood risk, condition 12 is necessary to ensure compliance with approved power purchase agreements and wayleave agreements, condition 14 is needed in the interest of site safety and condition 15 is necessary in the interests of biodiversity. 37. In some conditions I have referred to the county planning authority. This is solely on the basis that the application, subject of the appeal, was submitted to Norfolk County Council. Conclusion 38. The development subject of Appeal A, with conditions 1, 13 and 24 amended as proposed, would accord with the development plan as a whole. But condition 6 cannot be amended as proposed as it would harm the living conditions of nearby occupiers. Therefore, for the reasons given, Appeal A should be allowed, but condition 6 is not varied. 39. The development subject of Appeal B involves development that goes beyond the scope of a s73 application. Therefore Appeal B is dismissed.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen INSPECTOR https://www.gov.uk/planning-inspectorate 7

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen INSPECTOR https://www.gov.uk/planning-inspectorate 7

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 Schedule of Conditions 1) The development hereby permitted shall be carried out in accordance with drawing nos; • Location Plan (Mickram 1) dated 11/11/2015, received on 03.10.2025, • Block Plan, reference PR000112-103-tek02-02A Rev 01 dated 21st December 2023, received on 03.10.2024, • Pipework Layout, reference PR000122-103-tek02-03 Rev 02 dated 03/09/2024, received on 03.10.2024, insofar as it relates to pipework only, • Site Sections reference 02092024R1 Rev R1 date 09/2024, received on 14.11.2024, • Clamp Site Sections, reference 02092024R2, dated 09/2024, received on 03.10.2024, • Steel Building (Front and back Elevation) reference 240118-0507, received on 03.10.2024 • Steel Building (right and left gables) reference 240118-0507, received on 03.10.2024 • Site Access Strategy P453/15/001 dated 30/11/17, received on 03.10.2024, insofar as it relates to the access only, • Administration Building, Ref 27012024 Rev A dated 27/01/2024, received on 03.10.2024, • Biogas Upgrading Layout, 3548-tek02-50, drawing 1 of 3, dated 16/10/2017, received on 03.10.2024, • Biogas Upgrading Layout, 354-tek02-50, drawing 2 of 3, dated 16/10/2017, received on 03.10.2024, •

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Digester, Reference AD-250-538 Rev C, received on 03.10.2024, • Proposed Lighting Plan, Ref PR000112-103-tek02-02 Rev 01 dated 21/12/2023, received on 03.10.2024, insofar as it relates to the lighting only, • CHP unit drawing, reference E15459_00_01 (sections), received on 03.10.2024, • CHP unit drawing, reference E15459_00_01 (3D view), received on 03.10.2024, • CHP unit drawing, reference E15459_00_01 (plan and elevations), received on 03.10.2024, • Thyson Technology (GEU Control Room), reference XXXX-5001- 02, received on 03.10.2024, • Side View Equipment (Digester plant elevations), reference PR000122-103-tek02-05, date 05/09/2024, received on 03.10.2024, and • Topographical & Utility Survey, reference 15000_01, dated 15/03/2023, received on 03.10.2024.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen If any alternative plans are submitted to enable flexibility in layout and plant/machinery provision, none of the units shall exceed height, sound, odour or emission limitations of those approved above unless specifically approved by separate planning permission. 2) Prior to site clearance the details approved under application 17/02338/DISC_A in relation to Maintenance and Access arrangements for https://www.gov.uk/planning-inspectorate 8

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen If any alternative plans are submitted to enable flexibility in layout and plant/machinery provision, none of the units shall exceed height, sound, odour or emission limitations of those approved above unless specifically approved by separate planning permission. 2) Prior to site clearance the details approved under application 17/02338/DISC_A in relation to Maintenance and Access arrangements for https://www.gov.uk/planning-inspectorate 8

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 the Byway Open to All Traffic (BOAT) (covered by Conditions 3 and 4 of application 17/02338/F) shall be implemented and continued throughout the site clearance period of the development hereby permitted and where necessary made good after. 3) Prior to the construction of the farm track the details approved under application 17/02338/DISC_A in relation to the continued use of Footpath 2 (covered under Condition 5 of application 17/02338/F) shall be implemented as approved. 4) Prior to Stage 3 of construction, as detailed in the Construction Management Plan dated 3 September 2024, the farm track shall be constructed in accordance with the details contained in drawing P453/15/001 in the Transport Statement and Access Review dated September 2024. 5) The construction phase of the development hereby permitted shall be carried out and operated in accordance with the following documentation submitted under the current application: • Construction Management Plan Version 5 dated 3 September 2024 • Transport Statement and Access Review dated September 2024 • Construction Environment Management Plan (CEMP) Version 5 dated 3 September 2024.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen 6) No deliveries shall take place outside of the hours of 09:00-17:00 Monday to Friday and 09:00-13:00 on Saturdays, and no deliveries shall take place on bank or public holidays. 7) Prior to the installation of the Combined Heat and Power (CHP) units hereby approved, full details of the CHP units shall be submitted to and approved in writing by the county planning authority. The details need to include: • the make and model of the CHP unit including stack design and height; • technical specification for the CHP units including the emission data for the CHP units, • an addendum statement to the submitted air quality assessment based on the CHP unit (taking into account the stack height). The CHP units shall be installed in accordance with the approved details and retained as such thereafter. 8) Prior to the installation of an emergency biogas boiler, the following details shall be submitted to and approved in writing by the county planning authority: • scale, siting and appearance of the biogas boiler and associated stack; • the make and model of the biogas boiler; • emission data of the biogas boiler; • an addendum quality assessment taking into account the implications of the bio-gas boiler.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen The biogas boiler shall be installed in accordance with the approved details and retained as such thereafter. 9) Prior to the commencement of works in relation to drainage, full details of the foul and surface water drainage arrangements for the site shall be submitted to and approved in writing by the county planning authority. The drainage https://www.gov.uk/planning-inspectorate 9

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen The biogas boiler shall be installed in accordance with the approved details and retained as such thereafter. 9) Prior to the commencement of works in relation to drainage, full details of the foul and surface water drainage arrangements for the site shall be submitted to and approved in writing by the county planning authority. The drainage https://www.gov.uk/planning-inspectorate 9

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 details shall be constructed as approved before any part of the development hereby permitted is brought into use. 10) Prior to the first use of the development hereby approved, full details of both hard and soft landscape works shall be submitted to and approved in writing by the county planning authority. These details shall include finished levels or contours, hard surface materials, refuse or other storage units, street furniture, structures and other minor artefacts. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with plant and grass establishment) schedules of plants noting species, plant sizes and proposed numbers and densities where appropriate. 11) All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation or use of any part of the development or in accordance with a programme to be agreed in writing with the county planning authority.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Any trees or plants that within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species as those originally planted, unless the county planning authority gives written approval to any variation. 12) In relation to power purchase agreements, the development hereby permitted shall be carried out in accordance with the details approved under application 17/02338/DISC_A (covered under Condition 13 of application 17/02338/F) and amended PPA and Wayleave Agreement dated 23rd March 2022, in contract until 5th December 2034. 13) The use of the site shall be restricted to: a. The anaerobic digester process and associated operations, including the receipt, handling and storage of no more than 80,000 tonnes of feedstock per annum, comprising: cereal crops, grasses, beet pulp, residues, manures, vegetables and liquid food waste products in any one calendar year; and b. The generation of electricity, gases, heat and steam and any other ancillary operations or process with the above activities.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen 14) Prior to the first use of the anaerobic digester (AD) plant hereby permitted, full details of the water storage tank(s) shown on the Block Plan PR000112- 103-tek02-02A Rev 01 dated 21st December 2023, shall be submitted to and approved in writing by the county planning authority. The details shall include the scale and appearance of the tanks and their carrying capacity shall store a minimum capacity of 45,000 litres. The approved water tank(s) shall be provided prior to the first use of the AD plant hereby permitted. 15) The proposal shall be carried out in accordance with the recommendations in section 5 of the Preliminary Ecological Assessment by Impact Ecology Limited. 16) Prior to the first use of the development hereby approved, including any commissioning phase, the on-site parking, servicing, loading, unloading, turning and waiting areas shall be laid out in accordance with the Block Plan PR000112-103-tek02-02A Rev 01 dated 21st December 2023, approved under this application. https://www.gov.uk/planning-inspectorate 10

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Appeal Decisions APP/X2600/W/25/3371326, APP/X2600/W/25/3367475 17) Prior to the first occupation of the development hereby approved, a detailed outdoor lighting scheme shall be submitted to and approved in writing by the county planning authority. The scheme shall include details of the type of lights, the orientation/angle of the luminaries, the spacing and height of the lighting columns, the extent/levels of illumination over the site and on adjacent land and the measures to contain light within the curtilage of the site. The scheme shall be implemented in accordance with approved scheme and thereafter maintained and retained as agreed. 18) Except as otherwise detailed within the Construction Management Plan Version 5, dated 3 September 2024, no storage of materials including feed- stack materials shall take place within the site except within the storage areas shown on Block Plan, reference PR000112-103-tek02-02A Rev 01 dated 21st December 2023, and any materials stored shall not exceed the height of the site bund wall. 19) Noise from site operations shall not exceed the noise levels as set out in the Anaerobic Digestion Facility Noise Assessment (Acoustics Report (A975/R02, dated 6 September 2025).

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen Additionally the bund and acoustic fence shall be installed prior to the first operation of the development hereby permitted at a height and angle to be approved in writing by the county planning authority prior to provision. 20) The development shall be carried out in accordance with the recommendations set out in section 6.2 of the Level 3 Flood Risk Assessment by Floodplan Ltd dated 25 January 2025. 21) Not less than 2 weeks prior written notice shall be provided to the county planning authority of the permanent cessation date of the operation of the development hereby approved, or for any temporary cessation of operations in excess of one month. 22) Not less than 6 months prior to the planned date of any permanent decommissioning of the development hereby approved, proposals for decommissioning the development within an agreed timescale shall be submitted by the operator to the county planning authority for approval and shall make provision for the reinstatement of the site. The scheme shall be implemented as approved.

Cross Bank Road, Kings Lynn, Norfolk, PE34 3NE — Norfolk County Council — Andrew Owen 23) The membrane on top of the digesters, the CHP units and the storage tank will be finished in RAL 6005 Moss; all other structures, plant and machinery where possible shall be finished in Moss or Juniper Green (or similar colour) unless otherwise agreed in writing by the county planning authority and shall thereafter be retained in that colour. 24) Daily HGV movements shall not exceed those shown in the table on page 7 of the Transport Statement and Access Review dated September 2024. 25) Prior to operation of the AD plant a detailed scheme for a suitable HGV haul route shall be submitted to and approved in writing by the county planning authority and managed and maintained in accordance with the agreed details. Details shall include route management plans, routing strategy for HGV’s to avoid the Air Quality Management Areas (namely King’s Lynn Town Centre and Gaywood Clock) and other congested areas; and sign posting. No other local roads are to be used unless approved in writing with the county planning authority. https://www.gov.uk/planning-inspectorate 11