OpenLegislation

Paragraph 4 Construction environmental management planI1

England, Wales and Scotland

(1)

No authorised development must commence until a CEMP has been submitted to and approved by the local planning authority.

(2)

The CEMP must include, as a minimum, the construction related mitigation measures set out in the environmental mitigation schedule and—

(a)

measures to mitigate the effects of control of noise and vibration during construction;

(b)

measures to mitigate the effects of control of dust and air quality during construction;

(c)

measures to mitigate the effects of control of lighting during construction;

(d)

measures to control and manage surface water during construction;

(e)

measures to control and manage site waste management;

(f)

measures to control and manage access by construction traffic;

(g)

traffic management;

(h)

measures to mitigate any interruption of access to businesses, including agricultural holdings;

(i)

measures to control and manage the potential effects of contaminants and pollutants;

(j)

measures to mitigate the effects of construction activities on health and safety;

(k)

measures to exclude fish from watercourses;

(l)

measures to mitigate the construction effects on sensitive ecological receptors;

(m)

measures to mitigate the construction effects on archaeology and cultural heritage;

(n)

landscape and visual mitigation;

(o)

measures for the protection of any European or nationally protected species from activities associated with the authorised development;

(p)

repeat surveys to be undertaken to confirm the presence of any European or nationally protected species;

(q)

measures to mitigate the effects of the activities associated with the authorised development on European or nationally protected species and identified in the surveys required by sub-paragraph (p);

(r)

a programme for implementation of the proposed measures required by sub-paragraphs (o), (p) and (q); and

(s)

details of the restoration of the Bodmin Moor North Site of Special Scientific Interest including details of all proposed landscape works.

(3)

The construction of the authorised development must be carried out in accordance with the CEMP.

(4)

Where a European or nationally protected species is shown to be present no authorised development is to commence until a scheme of protection and mitigation measures prepared after consultation between the local planning authority and Natural England has been submitted to and approved by the local planning authority and subsequently the authorised development is to be carried out in accordance with the approved scheme.

(5)

“European protected species” has the same meaning as in F1regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 4(5) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 47

Commencement

I1

Sch. 2 para. 4 in force at 26.2.2015, see art. 1

Notes on the whole SI

Textual amendments

F1

Words in Preamble inserted (13.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) (Correction) Order 2015 (S.I. 2015/243), arts. 1, 2(2)