{
  "url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-85",
  "json_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-85.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/85",
  "kind": "paragraph",
  "number": "85",
  "heading": "Noise and vibration",
  "text": "(1) Authorised works in the ERC area must not be operated otherwise than in accordance with the noise limits set out in—\n(a) section 2.1 of the environmental controls document, in respect of the utility compound;\n(b) section 2.3 of the environmental controls document, in respect of other authorised works, excluding any public road or railway in the ERC area,\nunless, and to the extent that, the site controller submits to the Secretary of State for approval, and the Secretary of State endorses, a schedule of noise limits that differs from those noise limits.\n(2) The Secretary of State must not decide to endorse a schedule submitted under sub-paragraph (1), or a modification of such a document after it has been endorsed, 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).\n(3) Subject to sub-paragraph (4), the site controller must comply with—\n(a) the noise modelling, measurement, monitoring, testing and reporting requirements in—\n(i) section 2.2 of the environmental controls document, in respect of the utility compound;\n(ii) section 2.4 of the environmental controls document, in respect of other authorised works, excluding any public road or railway in the ERC area, and\n(b) the noise complaints procedure in section 2.5 of the environmental controls document.\n(4) If, at any time after Grand Opening, the criteria specified in sub-paragraph (5) are satisfied, the Secretary of State may give notice to the site controller that—\n(a) the Secretary of State considers it necessary or expedient, for the purposes of managing the impact on sensitive receptors identified in the environmental controls document of noise arising from authorised works in the ERC area, excluding public roads or railways, that the requirements referred to in sub-paragraph (3)(a) should be varied as regards the period or monitoring location by reference to which compliance with the noise limits referred to in sub-paragraph (1) (including any limits set out in a schedule endorsed under that sub-paragraph) is to be measured or monitored, and\n(b) the measuring or monitoring arrangements are varied in accordance with the notice.\n(5) The criteria are that—\n(a) there has been a failure to comply with sub-paragraph (1) or (3) or it appears to the Secretary of State that, notwithstanding compliance with those sub-paragraphs, noise produced by the operation of authorised works in the ERC area, excluding public roads or railways, is having unacceptable impacts on sensitive receptors identified in the environmental controls document, and\n(b) the Secretary of State has engaged with the site controller in relation to the impacts referred to in paragraph (a) and possible ways of addressing them other than by giving a notice under sub-paragraph (4) and such engagement has not resulted in mitigation of those impacts.\n(6) For the purposes of sub-paragraphs (1)(b) and (3)(b), any reference in section 2.3 or 2.4 of the environmental controls document to the Core Zone is to be read as referring to the whole of the ERC other than the utility compound.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/85",
    "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."
}