Paragraph 1 I1

In this Schedule unless the context requires otherwise—

• “biodiversity metric” means Biodiversity Metric 3.1 as published by Natural England in April 2022;

• “discharging authority” means the body responsible for giving any consent, agreement or approval required by a requirement included in this Order, or further to any document referred to in any requirement, or the local authority in the exercise of functions set out in sections 60 or 61 of the Control of Pollution Act 1974^f1;

• “HGV” means lorries over 3.5 tonnes maximum gross weight;

• “intrusive” means an activity which requires or is facilitated by breaking the surface of the ground;

• “lead local flood authority” has the same meaning as in section 6(7) of the Flood and Water Management Act 2010;

• “part” means a given geographical section, component or location of the authorised development;

• “reinstatement planting” includes, unless otherwise agreed with the relevant planning authority, embedded planting, reinstatement hedgerow or other planting and mitigation planting as each are described in the Landscape and Ecological Management Plan approved pursuant to requirement 4;

• “reinstatement planting plan” means the plan referenced at F1requirements 9 and 10 and which provides detail on reinstatement planting to be prepared for each stage of the authorised development;

• “stage” means a defined stage of the authorised development, the extent of which is shown in a scheme submitted to the relevant planning authority pursuant to requirement 3;

• “start-up and close down activities” means—

  1. (a)

     arrival and departure of workforce and staff at site and movement to and from places of work;

  2. (b)

     general refuelling of plant;

  3. (c)

     site inspections and safety checks;

  4. (d)

     site meetings inspections and walkovers;

  5. (e)

     site clean-up (site housekeeping that does not require the use of plant);

  6. (f)

     general site maintenance; and

  7. (g)

     low key maintenance and safety checking of plant and machinery.

Where under any of the F2requirements the approval or agreement of the relevant planning authority or the relevant highway authority is required, that approval or agreement must be given in writing.

Where any F3requirement requires the authorised development to be carried out in accordance or general accordance with matters including a plan, document, or details approved by the relevant planning authority or the relevant highway authority, those matters are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or the relevant highway authority.

Where an approval or agreement is required under the terms of any F4requirement or a document referred to in a requirement, or any requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant highway authority or the relevant planning authority, such approval or agreement may only be given in relation to minor or immaterial changes and where it has been demonstrated to the satisfaction of the relevant highway authority or the relevant planning authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Unless otherwise provided in this Order, where a F5requirement relates to a specific site or work and it specifies “commencement of development”, it refers to the commencement of development on that site or in relation to that work only.