Paragraph 1 Interpretation of Schedule

In this Schedule—

• “applicable area” has the meaning given in condition 24(6) (height controls to secure an articulated skyline);

• “body of groundwater” has the meaning given in paragraph 1(2) of Schedule 1 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017^f1;

• “calendar day” means a period of 24 hours beginning at midnight and ending at 11.59 pm;

• “calendar month” means January, February, March, April, May, June, July, August, September, October, November or December;

• “calendar year” means a period of 365 or 366 consecutive calendar days beginning on 1st January and ending on 31st December;

• “CEMP” has the meaning given in condition 12(1)(a) (construction environmental management plan);

• “compliance statement” means a document, which may include plans or drawings—

  1. (a)

     relating to—

     1. (i)

        submitted development or a proposed modification to a controlling document, or

     2. (ii)

        specified authorised works,

     referred to in a Schedule 3 condition or endorsement condition that requires a compliance statement to be provided,

  2. (b)

     identifying—

     1. (i)

        all the Schedule 3 conditions and endorsement conditions that relate to the submitted development, proposed modification or specified authorised works referred to in paragraph (a), or

     2. (ii)

        if the Schedule 3 condition or endorsement condition that requires a compliance statement to be provided specifies the Schedule 3 conditions or endorsement conditions in respect of which the compliance statement is to be provided, the conditions so specified,

  3. (c)

     stating—

     1. (i)

        in the case of submitted development or specified authorised works, that it or they comply, or will comply, with the conditions referred to in paragraph (b)(i) or (ii) as applicable;

     2. (ii)

        in the case of a proposed modification, that it will not result in authorised works failing to comply with any condition referred to in paragraph (b)(i) or (ii) as applicable, and

  4. (d)

     giving reasons or evidence to support what it states under paragraph (c), or referring to another document provided to the Secretary of State, or submitted to and endorsed by the Secretary of State, in which such reasons or evidence have previously been given;

• “dark corridor” means a continuous corridor of—

  1. (a)

     trees, habitats, and other flora, or

  2. (b)

     man-made materials,

  where the levels of illuminance between sunset and sunrise do not exceed certain limits, enabling bats to navigate between roosts and feeding areas and be protected from predators, and their population numbers and geographical distribution to be maintained;

• “design flood event” means a level of fluvial flooding or surface water flooding that is likely to occur with a 1 per cent annual probability, increased by—

  1. (a)

     20 per cent, in the case of fluvial flooding;

  2. (b)

     40 per cent, in the case of surface water flooding,

  to allow for the effects of climate change;

• “the drainage strategy” means reference document 16 (drainage strategy);

• “the environmental controls document” means reference document 22 (environmental controls document);

• “external dimensions”, means, in relation to a building or structure in relation to which it is proposed to carry out authorised development—

  1. (a)

     its proposed height in metres AGL and AOD;

  2. (b)

     the proposed depth of any basement levels comprised in it, as a negative value expressed in metres AGL and AOD;

  3. (c)

     its proposed width and length,

  in each case measured externally from the outer edges of the building or structure;

• “external lighting scheme” means, in relation to external lighting proposed to be associated with an authorised work, details of—

  1. (a)

     the general levels of illuminance to be achieved for each part of the Order land where that authorised work will be located, or that its operation will affect, and a plan showing areas where the illuminance will be at the same level,

  2. (b)

     areas where sensitive receptors are located and the illuminance levels to be achieved in them, and measures to direct and control light to prevent light spillage and nuisance, and

  3. (c)

     the approach to be taken in relation to energy conservation, glare reduction, and use of flexible control systems;

• “fluvial flooding” means flooding from a river or other watercourse;

• “Grand Opening” means the first time that an event occurs—

  1. (a)

     at which all authorised works in the ticketed area, which have been completed at the date when the event occurs—

     1. (i)

        are declared officially and generally open to visitors, and

     2. (ii)

        are opened to and occupied by visitors otherwise than as provided for in condition 76 (restrictions on occupation before Grand Opening),

     to the extent that the site controller considers those authorised works to be ready to be so declared, opened and occupied, and

  2. (b)

     after which class 1 authorised works are intended to be open to and occupied by visitors on a regular timetable;

• “gross external area” means, in relation to each floor of a building, its area measured from the outside of the perimeter wall at the level of that floor, excluding external open-sided balconies, covered ways and fire escapes, canopies, open vehicle parking areas, and voids over or under structural, raked or stepped floors;

• “habitat creation and enhancement plan” has the meaning given in condition 8(2)(a) (habitat creation and enhancement plans);

• “habitat location plan” has the meaning given in condition 7(1) (habitat location plan);

• “hard landscaping” means the treatment of land, other than buildings, using man-made materials or non-living natural materials, for the purpose of enhancing or protecting the amenity of a location, including by the construction of fences, walls, or other means, the laying out or provision of paths, garden areas, courts, squares, water features, sculpture or other public art, and the provision of other amenity features;

• “heavy-duty vehicle” means a motor vehicle with a maximum mass exceeding 3.5 tonnes;

• “the Inner Core Zone” means those parts of the Core Zone not comprised in a riparian protection zone that are located—

  1. (a)

     in a part of the Core Zone—

     1. (i)

        where a public road, or part of a public road, is proposed to be located in the Core Zone at or near the edge of that zone, and—

        1. (aa)

           more than 10 metres from the boundary of that part of the road designed for use by motor vehicles and any kerb, that is closer to the centre of the Core Zone as identified in an endorsed detailed design for that public road, or

        2. (bb)

           where the Secretary of State has not endorsed a detailed design for that public road, more than 10 metres from the limit of deviation for it that is shown on the access and roadways plan and is closer to the centre of the Core Zone,

     2. (ii)

        where a public road, or part of a public road, is located in the Core Zone at or near the edge of that zone, and more than 10 metres from the boundary of that part of the road designed for use by motor vehicles and any kerb that is closer to the centre of the Core Zone, or

     3. (iii)

        where a public road, or part of a public road, is not located or proposed to be located in the Core Zone at or near the edge of that zone, more than 10 metres from the boundary of the Core Zone as shown on the zonal plan,

     in each case, measuring the distance of 10 metres from the relevant boundary, limit or point towards the centre of the Core Zone, or

  2. (b)

     in the ticketed area, provided that this paragraph (b) applies in substitution for the definition in paragraph (a), but only if—

     1. (i)

        the site controller gives the Secretary of State a notice to that effect, and

     2. (ii)

        that notice is given—

        1. (aa)

           after the Secretary of State has endorsed a ticketed area plan or a security and emergency management plan, and

        2. (bb)

           before any construction work comprised in class 1 or class 2 authorised development, other than preliminary work and site preparatory work, has been carried out;

• “landscape and ecology management plan” means a plan as referred to in condition 9 (landscape and ecology management plans);

• “masterplan” means a document setting out broad proposals for the extent and layout of authorised works in a zone or sub-zone;

• “private car” means a motor vehicle that—

  1. (a)

     arrives at or departs from the Order land, and

  2. (b)

     when it does so, is not carrying goods or passengers for hire or reward;

• “railway undertaker” means a person authorised by any enactment to carry on a railway undertaking;

• “reference design standard” means a requirement relating to authorised development or authorised works that is set out and described as a design standard in reference document 19 (design standards);

• “relevant species” means any species referred to in section 3.5 of reference document 11 (outline habitat creation and enhancement plan) as being one whose population may be expected to be maintained or increased by the creation, enhancement or retention of habitats on the Order land;

• “riparian protection zone” has the meaning given in condition 56(1) (riparian protection zone);

• “seasonal event” means an event that takes place in the ticketed area—

  1. (a)

     for admission to which visitors are typically required to—

     1. (i)

        obtain a ticket, or

     2. (ii)

        make a payment,

     that is additional to the ticket or payment for admission that they are required to obtain or make to gain entry to the ticketed area during its regular opening hours on the date on which the event takes place, and

  2. (b)

     the timing of which reflects a festivity or tradition associated with a certain time of year;

• “security and emergency management plan” means a plan referred to in condition 70(1)(b)(ii) (Soft Opening Period and security and emergency management plan);

• “site preparatory work” means the following types of construction work, but does not include any preliminary work carried out in preparation for the carrying out of construction work of those types—

  1. (a)

     remediation work;

  2. (b)

     the demolition of any work;

  3. (c)

     other construction work carried out to provide, or facilitate the provision of, a foundation or base for erecting, constructing or installing a work, including by carrying out mass grading or other earthworks;

  4. (d)

     soil storage, whether or not carried out as part of activity within paragraph (c);

  5. (e)

     class 4 authorised development at, under, or in the vicinity of, the location or proposed location of an authorised work, in relation to the supply to it of any energy, potable or non-potable water, telecommunications, or other utility services;

  6. (f)

     erection, provision or installation of—

     1. (i)

        compounds, hoardings, screening, gates and other means of enclosure, including for the purposes of providing security or storage for materials, plant or equipment;

     2. (ii)

        lighting and other plant or equipment;

     3. (iii)

        structures for displaying signs, notices or information;

     4. (iv)

        other facilities or infrastructure, including access routes, for the use of construction workers, vehicles, plant and equipment,

     in so far as those structures, facilities or infrastructure relate to, those construction workers are carrying out, and those materials, vehicles, plant and equipment are used for, works within paragraphs (a) to (e);

• “Soft Opening Period” means the period during which class 1 authorised works are occupied in accordance with condition 76(1) (restrictions on occupation before Grand Opening);

• “special event” means an event that takes place in the ticketed area—

  1. (a)

     which is not a seasonal event, and

  2. (b)

     for admission to which visitors must—

     1. (i)

        obtain a ticket, or

     2. (ii)

        make a payment,

     that is additional to the ticket or payment for admission that they are required to obtain or make to gain entry to the ticketed area during its regular opening hours on the date on which the event takes place;

• “specified habitat” has the meaning given in condition 6(1) (specified habitats: general);

• “submitted development” means authorised development or authorised works, details of which a Schedule 3 condition or endorsement condition requires to be included in a submission document;

• “sub-zone” means a part of a zone defined in a masterplan;

• “sustainable drainage” has the meaning given in paragraph 2 of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010^f2;

• “ticketed area” means that part of the ERC, comprising class 1 authorised works—

  1. (a)

     that is, or is proposed to be, located in the Inner Core Zone, and

  2. (b)

     to which, on and from the date of Grand Opening, visitors are not typically permitted to gain entry without obtaining a ticket or making a payment to do so;

• “ticketed area plan” means an OS plan showing the boundary of the ticketed area, that is submitted to the Secretary of State for approval otherwise than as part of a security and emergency management plan;

• “top of bank” means, in relation to a watercourse, the point where the slope of the channel breaks and transitions into the level of the surrounding land;

• “working day” means a calendar day other than—

  1. (a)

     a Saturday or Sunday,

  2. (b)

     Christmas Day or Good Friday, or

  3. (c)

     a bank holiday under the Banking and Financial Dealings Act 1971^f3 in England;

• “zone” mean any of the Core Zone, Lake Zone, East Gateway Zone and West Gateway Zone.