Paragraph 4 Construction and handover environmental management plansI1

England, Wales and Scotland

(1)

Other than site clearance works carried out in terms of paragraph 16 (advance site clearance works), no part of the authorised development is to commence until a CEMP, substantially in accordance with the outline CEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the Environment Agency and Historic England to the extent that it relates to matters relevant to its function.

(2)

The CEMP must be written in accordance with ISO14001 and must—

(a)

be substantially in accordance with the mitigation measures set out in the REAC;

(b)

contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(c)

require adherence to working hours of 07:00–19:00 Mondays to Fridays and 07:30–13:00 on Saturday except for—

(i)

night-time closures for bridge demolition and installation;

(ii)

any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

(iii)

junction tie-in works;

(iv)

works required in relation to the East Coast Main Line;

(v)

overnight traffic management measures;

(vi)

cases of emergency; and

(vii)

as otherwise agreed by the local authority in advance;

(d)

include the following management plans—

(i)

Communications Plan;

(ii)

Construction Traffic Management Plan;

(iii)

Landscape Management Plan;

(iv)

Ecological Management Plan including the Invasive Non-Native Species Management Plan, Riparian Protection Management Plan;

(v)

Soil Handling Strategy;

(vi)

Materials Management Plan;

(vii)

Site Waste Management Plan; Water Management Plan including the Temporary Surface Water Drainage Strategy; and

(viii)

Any other specific management plans identified during subsequent stages of the authorised development.

(3)

The construction of the authorised development must be carried out in accordance with the approved CEMP or such amendments to that CEMP as may be approved in writing by the Secretary of State following consultation with the relevant planning authority, the Environment Agency and Historic England to the extent that it relates to matters relevant to its function.

(4)

A HEMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

(5)

The HEMP must address the matters set out in the approved CEMP that are relevant to the operation and maintenance of the authorised development, and must contain—

(a)

the environmental information needed for the future maintenance and operation of the authorised development;

(b)

the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(c)

a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

(6)

The authorised development must be operated and maintained in accordance with the HEMP.

Annotations

Commencement

I1: Sch. 2 para. 4 in force at 9.2.2021, see art. 1

Notes on the whole SI

Textual amendments

F1: Words in Preamble inserted (1.5.2021) by The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
F2: Words in Preamble omitted (1.5.2021) by virtue of The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.