OpenLegislation

Paragraph 9 Construction environmental management plans (CEMP)I1

England and Wales

(1)

No phase of the authorised development may commence until a construction environmental management plan (CEMP) for that phase has been submitted to and approved by the local planning authority in consultation with the Environment Agency and Natural England. Any CEMP submitted for approval must be in accordance with the outline CEMP and the construction of any phase of the authorised development to which the CEMP relates must be carried out in accordance with the approved CEMP.

(2)

The CEMP for each phase of the authorised development must provide details of—

(a)

community liaison;

(b)

complaints procedures;

(c)

nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

(d)

a soil management plan;

(e)

site waste and materials management measures;

(f)

pollution control measures to prevent the introduction of any hazardous substances;

(g)

a water quality and silt management plan;

(h)

security measures and use of artificial lighting;

(i)

a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction;

(j)

details of out of hours working procedures;

(k)

details of measures to be adopted including pre-construction surveys to protect species defined as a European Protected Species in regulation 42 (European protected species of animals) and regulation 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017f1 or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981f2 applies;

(l)

environmental monitoring plan;

(m)

flood risk management measures including surface water management; and

(n)

a habitats constraints plan.

(3)

Pre-commencement establishment of construction compounds, preparation of land for construction, construction area fencing and installation of site drainage must only take place in accordance with a specific plan for such works which accords with the outline CEMP and which has been submitted to and approved by the local planning authority in consultation with the Environment Agency.

(4)

No site preparation works are to be commenced until a soil management plan covering the site preparation works which accords with the outline CEMP has been submitted to and approved by the local planning authority. Such soil management plan must be implemented as approved.

(5)

For the purposes of requirement 9(1) “commence” includes any site preparation works comprising site clearance (including vegetation removal, demolition of existing buildings and structures).

Annotations

Commencement

I1

Sch. 1 para. 9 in force at 11.7.2025, see art. 1

Footnotes

f1

S.I. 2017/1012.

f2

1981 c. 69.