{
  "url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-12",
  "json_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-12.json",
  "legislation": "uksi/2025/1322",
  "legislation_title": "The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025",
  "path": "schedule/3/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Construction environmental management plan",
  "text": "(1) No construction work, other than preliminary work, may be carried out on the Order land until—\n(a) the site controller has submitted to the Secretary of State for approval a construction environmental management plan prepared in accordance with this paragraph (“CEMP”) in relation to that construction work, and\n(b) the Secretary of State has endorsed that CEMP.\n(2) A CEMP must include an OS plan showing the boundary of the part of the Order land on which the construction work to which the CEMP relates (the “CEMP work”) is to be carried out (the “CEMP land”), and its location in relation to the rest of the Order land.\n(3) A CEMP must be in substantial accordance with reference document 9 (outline construction environmental management plan) and, subject to sub-paragraph (4), must set out a plan, policy, procedure, standard or method statement to be followed in respect of each of the matters specified below in relation to the CEMP work, to the extent that they are relevant to it—\n(a) general management processes, including—\n(i) details of audit and inspection programs;\n(ii) details of competence training and awareness programmes for construction workers;\n(iii) details of the behavioural standards with which construction workers are to comply;\n(iv) measures to prevent and respond to accidents and injuries to construction workers;\n(b) the times when CEMP work, or particular types of CEMP work, may be carried out, either generally or in particular locations, including—\n(i) details of first hour mobilisation activities;\n(ii) activities that may be undertaken during any extended construction hours, and the notification process for such activities;\n(iii) the management of, and notification process for, the carrying out of CEMP work outside the times when CEMP work is otherwise permitted, where this is necessary in order to deal with an emergency;\n(iv) details of any CEMP work that may be undertaken on a 24-hour basis, including the reasons why this is necessary, and the notification process for such CEMP work;\n(c) engagement with those who live on the CEMP land, or own or occupy land adjoining it, including how they are to be informed about—\n(i) the impacts of the CEMP work that they may reasonably be expected to experience, and\n(ii) how and with whom they may raise concerns about such impacts, or complaints about impacts of the CEMP work that they have experienced;\n(d) the control of noise and vibration, using best practicable means, as defined in section 72 of the Control of Pollution Act 1974, including—\n(i) the setting of limits that must not be exceeded, to avoid unacceptable disturbance to sensitive receptors in the vicinity of the CEMP work (“prescribed noise and vibration limits”);\n(ii) monitoring compliance with prescribed noise and vibration limits;\n(iii) measures for mitigating the impact of noise and vibration, including alternative working practices to be adopted if noise or vibration temporarily exceeds, or is likely to exceed, a prescribed noise and vibration limit;\n(e) the control of dust and other emissions to air, including—\n(i) the setting of limits that must not be exceeded, in order to avoid unacceptable disturbance to sensitive receptors in the vicinity of the CEMP work (“prescribed emission limits”);\n(ii) monitoring compliance with prescribed emission limits;\n(iii) measures for mitigating the impact of such emissions, including alternative working practices to be adopted if such emissions temporarily exceed, or are likely to exceed, a prescribed emission limit;\n(f) arrangements for storing materials to be used in the CEMP work, including arrangements for safe storage of any substances to be so used which are classed as hazardous for the purposes of any enactment applicable to the CEMP work;\n(g) measures describing how soils will be managed, including—\n(i) details of stripping methods,\n(ii) stockpiling arrangements, and\n(iii) any reinstatement that is to be undertaken;\n(h) arrangements for the following—\n(i) site compounds and facilities, including welfare facilities, for construction workers;\n(ii) temporary fencing and hoardings, including a plan showing their locations;\n(iii) construction equipment and plant, including the maximum operating height of equipment;\n(i) management of waste including—\n(i) storage and segregation of waste and the location of areas where they are to be carried out;\n(ii) removal of waste from the CEMP land;\n(j) illuminance levels to be adhered to in order to avoid or mitigate any adverse impact on sensitive receptors, including, where necessary, measures to maintain compliance with the requirements specified in condition 8(7)(b) (habitat creation and enhancement plans);\n(k) the strategy to be adopted in relation to any use of piling, which must be prepared having regard to the matters set out in paragraph (d) and the need to assess and address any specific risks associated with any piling that is proposed to form part of the CEMP work;\n(l) management of water, including—\n(i) any temporary structures to convey, attenuate or treat surface water on the CEMP land, and measures to limit and remove suspended solids and other pollutants contained in surface water runoff;\n(ii) preparation of flood emergency measures, together with appropriate means of awareness training for construction workers;\n(iii) arrangements for securing an adequate supply of potable water and for the disposal of foul water;\n(iv) where the CEMP work is to be carried out in or near a body of groundwater, a body of surface water, or any other watercourse (each a “waterbody”), measures to address the risk of anything (whether natural or artificial) in or near the waterbody impeding or diverting the passage of fish or other aquatic fauna through the waterbody;\n(m) assessment of whether CEMP work will give rise to a relevant contamination risk;\n(n) arrangements for preventing or controlling any environmental pollution that may arise from it otherwise than as a result of a relevant contamination risk, including—\n(i) procedures for dealing with contaminated soils encountered on, and their removal from, the CEMP land;\n(ii) measures to protect controlled waters, as defined in section 104 of the Water Resources Act 1991, from potential sources of environmental pollution, including the effects of silt and sediment, spillages or other accidental releases of fuel oil or other chemicals, or other forms of pollution, including details of any containment structures or systems;\n(iii) measures for managing concrete and cement, including arrangements for concrete and cement washout;\n(iv) management of wheel cleaning facilities;\n(v) containment structures and systems associated with refuelling of construction plant;\n(o) protection of the natural environment, including—\n(i) management of risks arising from the presence of invasive species in, on, under or over the CEMP land, including measures to prevent the spread, in water, of invasive species and diseases transferred from equipment or construction workers;\n(ii) measures to protect specific species or habitats, including dark corridors, including by avoiding or minimising disturbance to them, or compensating for habitat loss;\n(iii) an OS plan showing the existing trees, hedges and other vegetation to be retained and those to be removed;\n(iv) measures to protect and prevent damage to trees, hedgerows and other vegetation and habitats that are to be retained on the CEMP land, which, in the case of trees, must be in substantial accordance with reference document 21 (arboricultural impact assessment report), excluding Appendix C to that document;\n(p) arrangements for appointing and retaining persons with suitable qualifications and experience to carry out, or advise on, any matters relating to the CEMP work in respect of which their expertise is required in relation to—\n(i) the assessment and prevention of relevant contamination risks and other risks of environmental pollution;\n(ii) monitoring noise and vibration;\n(iii) monitoring dust and other emissions to air;\n(iv) arboriculture and ecology;\n(v) geo-environmental engineering;\n(vi) health and safety;\n(q) arrangements for the management of construction traffic, including—\n(i) access points from public roads;\n(ii) the regulation of vehicle movements onto and from the CEMP land, including details of how vehicle movements onto and from the CEMP land will be organised, supervised, controlled, and monitored, including any arrangements for holding vehicles prior to arrival on the CEMP land;\n(iii) details and phasing of routing for vehicles travelling to and from the CEMP land in connection with CEMP work, including arrangements for—\n(aa) construction workers,\n(bb) abnormal indivisible loads,\n(cc) heavy-duty vehicles, and\n(dd) vehicles removing spoil or waste materials from the Order land;\n(iv) the management of deliveries to the CEMP land so as to avoid queues of vehicles forming on public roads within and adjacent to the CEMP land, including measures to minimise the number of traffic movements overall, and manage the timing of deliveries to avoid the periods each day when, on average, traffic on such roads is heaviest;\n(v) recording and monitoring of construction traffic movements, and measures for securing adherence to the routing referred to in sub-paragraph (iii);\n(vi) steps to be taken to minimise the use of private cars to transport construction workers to and from the Order land;\n(vii) measures to prevent the deposit of mud and other deleterious material on roads surrounding the CEMP land;\n(viii) maintaining safe and suitable access for emergency vehicles and pedestrians to and around the CEMP land;\n(ix) where construction work is to be carried out on or near operational land of a railway undertaker, measures to protect its assets and maintain a safe operational railway;\n(r) managing the impact of construction work on the emission of greenhouse gases.\n(4) A CEMP may relate to—\n(a) one or more items or categories of construction work specified in the CEMP;\n(b) construction work that is to be undertaken—\n(i) over one or more periods;\n(ii) in relation to one or more buildings or structures, or one or more classes of authorised development;\n(iii) in, on, under or over one or more parts of the Order land,\nprovided that it complies with the requirements of sub-paragraphs (2), (3) and (8) in respect of all the construction work to which it relates.\n(5) A CEMP may comprise more than one document, and may, for example, include or incorporate by reference separate documents covering any of the matters set out in sub-paragraph (3) such as a piling strategy, construction lighting management plan, dust management plan or invasive species strategy, and the same document may be incorporated by reference into more than one CEMP—\n(a) if, and to the extent that, its contents are equally applicable to the CEMP work to which each such CEMP relates, and\n(b) if, when each such CEMP is submitted to the Secretary of State for approval, the Secretary of State is given copies of all the documents comprised in or incorporated by reference into it.\n(6) Subject to sub-paragraph (8), the site controller may submit to the Secretary of State for approval a notice specifying, in relation to a particular CEMP or category of CEMPs, matters referred to in sub-paragraph (3)—\n(a) which are relevant to the CEMP work, and\n(b) which the site controller considers that it would not be proportionate to include in that CEMP or category of CEMPs.\n(7) A notice under sub-paragraph (6) may be given either before, or at the same time as, the site controller submits to the Secretary of State for approval the CEMP, or a CEMP of the category, specified in the notice, and, if and to the extent that the Secretary of State endorses the notice, the matters specified in the notice may be omitted from that CEMP or CEMPs of that category.\n(8) If condition 14 (land remediation) applies to CEMP work, no matter referred to in sub-paragraph (3)(m) or (n)(i) may be—\n(a) omitted from a CEMP on the grounds that it is irrelevant to the CEMP work;\n(b) specified as not proportionate to include in a CEMP or category of CEMPs in a notice given under sub-paragraph (4),\nunless the site controller has provided to the Secretary of State a notice under condition 14(6), or a notice, report and opinion under condition 14(9) in respect of that CEMP work.\n(9) The site controller must, in relation to any CEMP or CEMP work, have regard to the desirability of minimising, so far as reasonably practicable, the likely cumulative adverse impacts arising from construction work relating to different authorised works.\n(10) The site controller must—\n(a) keep a copy of each CEMP that has been endorsed on the Order land;\n(b) keep each such CEMP under review until the CEMP work to which it relates is completed, and request the Secretary of State to endorse modifications to it as appropriate, having regard in particular to sub-paragraph (9).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1974 c. 40."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1991 c. 57, amended by S.I. 1996/301, 1997/1331, 1997/1332."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/12",
    "retrieved_at": "2026-10-28T21:08:22.499243+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}