Paragraph 1 InterpretationI1

In this Schedule unless the context requires otherwise—

• “commence” means the carrying out of a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development, but does not include any pre-commencement works;

• “the core working hours” means the core hours within which construction works may be undertaken as described in paragraphs (1) and (2) of requirement 7 (construction hours).

• “mean high water level” means the average height of the high water level over a period of time;

• “pre-commencement works” means

  1. (a)

     archaeological investigations and mitigation works;

  2. (b)

     environmental surveys and monitoring;

  3. (c)

     environmental mitigation works;

  4. (d)

     investigations for the purpose of assessing and monitoring ground conditions and levels;

  5. (e)

     remedial work in respect of any contamination or other adverse ground conditions;

  6. (f)

     erection of any temporary means of enclosure;

  7. (g)

     temporary hard standing;

  8. (h)

     receipt and erection of construction plant and equipment;

  9. (i)

     diversion and laying of underground apparatus and utilities;

  10. (j)

      protection works comprising utilities protection works or fencing and protection slabs;

  11. (k)

      site clearance;

  12. (l)

      temporary construction compound set-up; and

  13. (m)

      the temporary display of site notices or advertisements;

• “relevant drainage authority” means the drainage authority or the Lead Local Flood Authority for the area to which the relevant works relate;

• “stage” means a defined stage of the authorised development, as described in a scheme submitted to the relevant planning authority pursuant to requirement 4 (stages of authorised development);

• “start up and close down activities” means general works that will not create an audible disturbance to local residents, including but not restricted to—

  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 (daily briefings and quiet inspections/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; and

• “Travellers’ Encampment” means plots E7-34 and E7-40 as shown on the land plan to the extent and for the duration that these plots are occupied as a travellers’ encampment.

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

Where an approval is required under this Schedule or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved”, “unless otherwise agreed” or “that may subsequently be approved” by the highway authority or the relevant planning authority such approval or agreement may only be given where it has been demonstrated to the satisfaction of the highway authority or the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Where this Schedule requires the authorised development to be carried out in accordance or general accordance with the details approved by the highway authority or by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved in writing by the highway authority or by the relevant planning authority.