Paragraph 79 Traffic monitoring and management

(1)

In this paragraph—

“evening monitoring period” means the three consecutive hours in the evening of a working day that are specified, for the purposes of a monitoring scheme, as those during which it is assumed that traffic on the local highway network is typically heaviest;
“exceedance” occurs in a reporting period if, on the specified number of days applicable to that reporting period, the aggregate number of vehicle movements recorded during a monitoring period exceeds the threshold applicable to that monitoring period by the tolerance level, or more;
“increased frequency reporting period” means the period of time specified as such in a monitoring scheme for the purposes of that monitoring scheme;
“local highway network” means the highways in the vicinity of the ERC;
“monitoring location” means a location at which vehicle movements are to be monitored for the purposes of a monitoring scheme;
“monitoring period” means a morning monitoring period or an evening monitoring period;
“morning monitoring period” means the three consecutive hours in the morning of a working day that are specified, for the purposes of a monitoring scheme, as those during which it is assumed that traffic on the local highway network is typically heaviest;
“monitoring scheme” means a scheme for monitoring the impact of the ERC’s operation on traffic flows over the local highway network at the times on working days when it is assumed that such flows are typically heaviest;
“regular reporting period” means the period of time specified as such in a monitoring scheme for the purposes of that monitoring scheme;
“reporting period” means a regular reporting period or an increased frequency reporting period;
“specified number of days” means the number of working days specified in a monitoring scheme as applicable in relation to a reporting period for the purposes of determining, under a monitoring scheme, whether an exceedance has occurred in that reporting period;
“start date” means the date on which monitoring of vehicle movements begins under a monitoring scheme;
“threshold” means a number of vehicle movements, specified in a monitoring scheme as applicable in relation to a monitoring period, for the purposes of comparison with the aggregated number of vehicle movements recorded in a monitoring period;
“tolerance level” means a percentage of a threshold, specified for the purposes of determining, under a monitoring scheme, whether an exceedance has occurred in a reporting period;
“vehicle movement” means the movement of a motor vehicle past a monitoring location as it travels towards or away from the ERC.

(2)

Grand Opening must not take place unless—

(a)

the site controller has submitted to the Secretary of State for approval a document setting out details of a monitoring scheme, and

(b)

the Secretary of State has endorsed the document.

(3)

The document must specify—

(a)

the monitoring locations, by reference to an OS plan;

(b)

how the numbers of vehicle movements occurring in each monitoring period are to be counted and recorded;

(c)

the morning monitoring period and the threshold applicable to it;

(d)

the evening monitoring period and the threshold applicable to it;

(e)

the regular reporting period and the specified number of days applicable to it;

(f)

the increased frequency reporting period and the specified number of days applicable to it;

(g)

the tolerance level;

(h)

the start date.

(4)

If a monitoring scheme submitted under sub-paragraph (2)(a), or a proposed modification of such a scheme after it has been endorsed, specifies—

(a)

a monitoring location other than a location within the Order land identified as such on the plan at Part B-2 (monitoring locations plan) of Appendix B of reference document 10 (travel plan), and a location at Wixams station,

(b)

a morning monitoring period other than 7 am to 10 am on each working day,

(c)

an evening monitoring period other than 4 pm to 7 pm on each working day,

(d)

a threshold greater than 5,190 for the morning monitoring period or greater than 3,256 for the evening monitoring period,

(e)

a regular reporting period longer than three months, or a specified number of days greater than 20 working days applicable to such a reporting period,

(f)

an increased frequency reporting period longer than one month, or a specified number of days greater than 7 working days applicable to such a reporting period,

(g)

a tolerance level of more than 10 per cent, or

(h)

a start date later than 30 calendar days after Grand Opening,

the Secretary of State must not decide to endorse that submitted scheme or modification unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5)

The site controller must, from the start date until 1st January 2051, or such earlier date on which either of the criteria specified in sub-paragraph (8) is satisfied—

(a)

record vehicle movements at the monitoring locations during each monitoring period;

(b)

prepare reports in accordance with sub-paragraphs (6) and (7) (“monitoring reports”);

(c)

provide each such report to the Secretary of State no later than 25 calendar days after the end of the reporting period to which the report relates.

(6)

A monitoring report must state—

(a)

in respect of each monitoring period—

(i)

the vehicle movements recorded at each monitoring location;

(ii)

the aggregate number of vehicle movements so recorded;

(iii)

where the aggregate number of vehicle movements exceeded the threshold, by how much it was exceeded on each occasion, expressed as a percentage of the threshold,

on each working day during the reporting period to which the monitoring report relates;

(b)

whether or not an exceedance occurred in respect of that reporting period.

(7)

A monitoring report must be prepared—

(a)

in relation to each regular reporting period—

(i)

from the start date until an exceedance occurs in respect of such a reporting period;

(ii)

after an exceedance has occurred, from the end of the third consecutive increased frequency reporting period referred to in sub-paragraph (b)(ii);

(b)

in relation to each increased frequency reporting period, during any period between—

(i)

the first day of the next month after the end of a regular reporting period in respect of which an exceedance occurs, and

(ii)

the last day of the third consecutive increased frequency reporting period to pass without an exceedance, after the date specified in sub-paragraph (i).

(8)

The criteria are that—

(a)

no exceedance occurs during a period of 60 consecutive calendar months;

(b)

the Secretary of State—

(i)

determines that monitoring of vehicle movements under this paragraph is no longer required, and

(ii)

notifies the site controller to that effect.

(9)

If a monitoring report states that an exceedance has occurred, the site controller must, when it provides that report to the Secretary of State, submit to the Secretary of State for approval a plan (“management plan”) setting out—

(a)

what the site controller is proposing to do to avoid or address exceedances (“management actions”);

(b)

a timetable for implementing management actions;

(c)

methods for monitoring the progress, and evaluating the effectiveness, of management actions;

(d)

how contingencies or remedial action will be identified, agreed, and implemented if implementation of the management actions is delayed or prevented;

(e)

the details of any review of applicable thresholds in light of the implementation of management actions.

(10)

The site controller must use reasonable endeavours to implement an endorsed management plan.

(11)

Where three consecutive monitoring reports in respect of increased frequency reporting periods state that an exceedance period has occurred despite the management actions in an endorsed management plan having been implemented—

(a)

the site controller must, within 30 days of the end of the reporting period to which the last such report relates, submit a modification to the management plan setting out further management actions, for endorsement by the Secretary of State, and

(b)

no seasonal event or special event may take place after the end of that reporting period until three consecutive monitoring reports state that no exceedance period has occurred.

(12)

If, following the implementation of a management plan that has been modified in accordance with sub-paragraph (11)(a), another exceedance occurs, the site controller must take, or procure the taking of, such further action as—

(a)

the Secretary of State may by notice to the site controller direct to be taken, and

(b)

is necessary to address the matters that have caused that exceedance to occur, having regard to the circumstances that have led to its occurrence, including—

(i)

the amounts by which recorded vehicle movements have exceeded thresholds, and

(ii)

the timing and location of, and any patterns observable in relation to, the vehicle movements that have contributed to the thresholds being exceeded,

which may include actions relating to improvements to the transport network, or amendments to the number of seasonal events or special events.

(13)

If the site controller—

(a)

fails to—

(i)

provide a monitoring report in accordance with sub-paragraph (5)(c), or

(ii)

submit a management plan in accordance with sub-paragraph (9), and

(b)

does not rectify such failure within 5 calendar days of being notified of the failure by the Secretary of State,

no seasonal event or special event may take place until the site controller has provided that report, or submitted that plan, to the Secretary of State, as the case may be.