The Hinkley Point C (Nuclear Generating Station) Order 2013

Article 3

SCHEDULE 2Requirements

Interpretation

1.—(1) In this Schedule—

“commencement” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008 (which explains when development begins), comprised in or carried out for the purposes of the authorised project and the words “commence” and “commenced” and cognate expressions shall be construed accordingly;

“commissioning” means the process during which plant components and systems, having been constructed or modified, are made operational and verified to be in accordance with design assumptions and to have met the appropriate safety criteria;

“Construction Method Statement” means Annex 2 to the Environmental Statement;

“development” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008, comprised in or carried out for the purposes of the authorised project and such operations shall exclude non-material ecological and habitat management works;

“Environmental Statement” means the environmental statement submitted by the undertaker with its application for development consent in respect of the authorised project;

“enter operation” means the point at which a reactor unit begins generating electricity at or near its rated output;

“exceptional circumstances” are those defined within section 3.4.2 of the TIMP;

“HGV” means any vehicle exceeding a maximum gross weight of 3.5 tonnes (being the maximum allowable total weight when loaded) travelling to or from the HPC Development Site for the purposes of the construction of the Power Station but excluding buses, minibuses and vehicles transporting abnormal indivisible loads;

“HPC construction works” means—

(a)

construction activities associated with the construction of Work Nos. 1A, 1B, 1C, 2A to 2H, 3, 6A to 6J, 8A, TJ1, TJ2 and TJ3; and

(b)

the carrying out of Work No. TJ0;

“HPC helipad” means the proposed helipad identified as no. 60 on Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010);

“HPC operational car park” means the 430 car parking spaces for HPC operational staff, excluding spaces for disabled workers, at the permanent development site, in the car parking areas (no. 62) identified on Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010);

“landscape restoration area” means the area marked ‘landscape restoration: landscape works brought forward pursuant to MS16’ on HPC Development Site Works Plans, Clarification of Requirements (Ref: HP/WP/REQ/01) (submitted 6th August 2012);

“north-west bund” means the earthworks and planting in the location set out in the HEO Environmental Statement Clarification Figures 11.1, 11.2 (Rev 2), 11.3 (Rev 2), 11.4 (Rev 2), 11.5 (Rev 1) and 11.6 (November 2011);

“permanent buildings or structures” means all buildings and structures, save those temporary construction related buildings and structures brought forward pursuant to requirements MS7, OS2, BRIA4, BRIC3, CB4, CP3, C3, J23-3, J24-2 and WP2;

“public holiday” means Christmas Day, Good Friday or a day which under section 1 of the Banking and Financial Dealings Act 1971(1) is a bank holiday in England and Wales;

“security” when mentioned in connection with screens, fences or cabins, means pertaining to activities associated with the management of a site to ensure that the site and relevant parts of the site remain secure at all times;

“start-up and shut-down” in relation to Work Nos. 4A to 4C, 5A and 5B, 6A to 6J, 7A and 7B, 8A and 8B, 9A and 9B, 10, 11, 12, 13, 14A to 14C, 15A to 15C, 16, 17A and 17B, 18,19, 20, 21 and 22 (start-up) means the periods of 30 minutes before the opening up of sites of those works and 30 minutes following the end of the working day (shut-down), during which the arrival of workers, changing into and out of work wear, pre-job briefing and leaving the site prior to closing and securing the site take place;

“TIMP” means the Traffic Incident Management Plan, dated 31st August 2012;

“Waste Management Implementation Strategy” means Annex 5 to the Environmental Statement.

(2) Where under any of the requirements the approval or agreement of the discharging authority or another person is required—

(a)the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b)the approval or agreement must be given in writing.

(3) Where any requirement provides that the authorised project is to be carried out in accordance with details, or a scheme, plan or other document approved or agreed by the discharging authority, the approved or agreed details, scheme, plan or other document shall be taken to include any amendments or revisions subsequently approved or agreed by the discharging authority.

(4) Where any requirement specifies “unless otherwise approved” by the discharging authority or requires the applicant to demonstrate the existence of exceptional circumstances such approval shall not be given or exceptional circumstances agreed except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the discharging authority that the subject-matter of the approval sought or the undertaker’s proposed response to exceptional circumstances is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Project wide

2.  Unless otherwise indicated, requirements PW1 to PW36 relate to the whole of the authorised project.

(1)

Reference No.

(2)

Requirements

PW1 Time limits
The authorised project must commence within 5 years of the date on which this Order is made.
PW2 Phasing of the HPC development site
Work No. 1A shall be carried out in general accordance with the project progression indicated in section 4.4 of the Construction Method Statement, unless otherwise approved by West Somerset District Council.
PW3 Buildings and structures
(1) Buildings and structures comprising Work No. 1A(d) to (k) and (o) shall be carried out in accordance with the plans relating to them as set out in Schedule 1, Part 3, save to the extent that revised plans relating to their siting, scale or appearance have been submitted to and approved by West Somerset District Council.
(2) Any revised plans referred to in paragraph (1) shall be in accordance with HPC Site Parameter Plan (HINK-A1-SL-00-GA-002 (Rev 01)) and chapter 6 (Design Principles) and chapter 9 (Implementation) of the HPC development site Design and Access Statement.
(3) The works referred to in paragraph (1) shall be carried out in accordance with the approved plans.
PW4(1) Buildings and structures comprising Work Nos. 3, 4A, 5A, 7A, 8A, 9A, 10 and 11 shall be carried out in accordance with the plans as set out in Schedule 1, Part 3, save to the extent that revised plans relating to siting, scale or appearance have been submitted to and approved by the relevant planning authority.
(2) Any revised plans referred to in paragraph (1), shall be in accordance with section 6 (Design Principles) and section 9 (Implementation) of the relevant site-specific Design and Access Statement.
(3) The works referred to in paragraph (1) shall be carried out in accordance with the approved plans.
PW5 Building design
(1) No external materials shall be installed on any permanent building or structure unless and until details of such external materials for that building have been submitted to and approved by the relevant planning authority.
(2) The works shall be carried out in accordance with the approved details.
PW6(1) No additional external roof plant, equipment or machinery shall be installed on any permanent buildings or structures unless and until details of scale and appearance of such plant, equipment or machinery have been submitted to and approved by the relevant planning authority.
(2) The works shall be carried out in accordance with the approved details.
PW7 Highway works
(1) Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be carried out in accordance with the plans set out in Schedule 1, Part 3, save to the extent further details approved pursuant to paragraphs (2), (3) and (4) indicate otherwise, or unless otherwise approved by Somerset County Council.
(2) Work Nos. 4C, 7B, 17A, 17B, 18 and 22 shall not commence until details of the layout and finished surfaces of that work have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012).
(3) Work No. 6A shall not commence until details of the layout and vertical alignment have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012).
(4) Work No. 19 shall not commence until details of the timing of the works comprised in it have been submitted to and approved by the Secretary of State for Transport.
(5) Other than as already indicated on the plans set out in Schedule 1, Part 3 and details approved pursuant to paragraphs (2) and (3), no changes to existing finished ground levels or surface water drainage at Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be permitted unless and until details of such have, following consultation with the Environment Agency, Sedgemoor District Council and West Somerset District Council, been submitted to and approved by Somerset County Council.
(6) The works referred to in paragraph (1) shall be carried out in accordance with the approved details.
PW8 Street furniture and lighting
(1) No street furniture or street lighting shall be installed at Work Nos. 12 to 22 unless and until details of such street furniture and lighting, including a programme for implementation, have, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority.
(2) The works shall be carried out in accordance with the approved details.
PW9 HGV Traffic
(1) Except in exceptional circumstances, HGV movements associated with the HPC construction works shall not be permitted on the local highway network at the following times—
(a)on Sundays or on public holidays; and
(b)between the hours of 22:00 and 07:00 (Monday to Saturday).
(2) For the avoidance of doubt, these restrictions do not apply to the movement of HGVs on the strategic road network (notably the M5 motorway) or on the highway connections between the M5 and the Junction 23 and Junction 24 Freight Management Facilities or in relation to the movement of AILs.
(3) The authorised project shall be carried out in accordance with a scheme of marking for HGVs which shall be submitted to and approved by the relevant planning authorities. The scheme shall be designed with the aim of enabling residents of the districts of West Somerset and Sedgemoor, wherever practicable, easily to identify if a vehicle is engaged on work on the authorised project.
PW10 Traffic Incident Management Plan
(1) Vehicles associated with the authorised project in the area delineated in Figure 4.1 of the TIMP as the “incident management area” shall be monitored for the detection of incidents in accordance with sections 5 and 6 of the TIMP.
(2) In the event of a traffic incident in that area during the HPC construction works, the measures set out in sections 7 to 11 and the temporary diversionary routes set out in Appendix B of the TIMP shall be implemented.
(3) The TIMP shall be fully implemented as approved throughout the HPC construction works, unless otherwise approved by the relevant planning authority.
PW11 Waste Management Implementation Strategy
(1) The authorised project shall be carried out in accordance with the Waste Management Implementation Strategy, unless otherwise agreed by the relevant planning authority.
(2) No development shall commence until a site waste management plan template has, after consultation with Somerset County Council and the Environment Agency, been submitted to and approved by the relevant planning authority.
PW12 Sports Facilities Management Strategy
(1) Work Nos. 3, 4A and 5A shall not be brought into use until the undertaker has, in consultation with the relevant planning authority, prepared and published a public access proposal for the sports and leisure facilities.
(2) The published public access proposals for the sports and leisure facilities referred to in paragraph (1) shall provide for—
(a)a minimum of 12 hours of public access Monday to Friday, of which at least 2 hours and no more than 4 hours would be between the hours of 18:00 and 22:00; and
(b)at least a further 4 hours of public access at weekends,
at a charge comparable with similar facilities.
PW13 Off-site associated development sites: working hours: general
(1) Construction and post-operation works associated with Work Nos. 4A, 4B, 4C, 5A, 5B, 9A, 9B and 10 to 22 shall only be undertaken between the hours of 07:00 and 19:00 on weekdays (excluding public holidays) and 07:00 and 13:00 on Saturdays, unless otherwise approved by the relevant planning authority.
(2) Paragraph (1) does not apply to non-intrusive and internal activities such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing.
PW14 Code of Construction Practice
The construction of the authorised project shall be carried out in accordance with the Code of Construction Practice dated 14th September 2012, unless otherwise approved by the relevant planning authority.
PW15 Ministry of Defence Communication Protocol
(1) The undertaker shall, in consultation with the Ministry of Defence, prepare and implement a vessel communication protocol, setting out procedures for informing the Ministry of Defence of vessel movements associated with the HPC construction works travelling through or adjacent to the Lilstock Firing Range.
(2) Vessel movements associated with the HPC construction works shall be managed in accordance with the vessel communication protocol, unless otherwise approved by the Ministry of Defence.
PW16 Use of temporary associated development sites
The sites within the Order limits and marked as the locations of each of Work Nos. 3, 4A, 5A, 7A, 8A(2)(a) to (h), 9A, 10 and 11 on sheet nos. 5, 12, 13, 15, 16, 17, 18 and 19 respectively shall only be used in connection with the authorised project and their use shall cease upon completion of the HPC construction works.
PW17 Cross-shore rock platform erosion and sediment transport monitoring plan
(1) Work Nos. 1A(o), TJ1 to TJ3, 2B, 2D, 2F and 2H shall not commence until a cross-shore rock platform erosion and sediment transport monitoring plan has, after consultation with the Countryside Council for Wales, Natural England and the Environment Agency, been submitted to and approved by the Marine Management Organisation. The plan should include—
(a)the geographical extent of the monitoring which shall include, but is not limited to, the intertidal shore fronting the HPC development site, the ‘pocket beach’ at the junction between the existing and proposed sea wall defences (Hinkley Point A and Hinkley Point C interface), the offshore intake and outfall heads, the jetty head and all associated dredged areas;
(b)arrangements for monitoring of the cross-shore rock platform fronting the HPC development site to seaward to quantify platform lowering during the operation of Work No. 1A;
(c)arrangements for sediment transport monitoring before, during and after construction, describing the mobile bed (non-suspended) sediment load and distribution, unless otherwise agreed by the Marine Management Organisation;
(d)appropriate contingency measures that would be implemented having regard to the results of the monitoring referred to in (b) and (c) together with the trigger points at which such measures would apply;
(e)monitoring arrangements associated with the offshore intake and outfall heads, jetty heads and associated dredged areas; and
(f)the monitoring methodology, frequency of monitoring and format of monitoring reports.
(2) The cross-shore rock platform erosion and sediment monitoring plan referred to in paragraph (1) shall be implemented as approved.
PW18 Residential amenity: information dissemination and complaints handling
(1) The authorised project shall not commence until a system for the provision of information to local residents and occupiers about the works and for the handling of complaints has, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority. The information to be disseminated shall include general provision of information in relation to the phasing and carrying out of construction works for the authorised project and specifically in relation to activities on-site that may lead to nuisance.
(2) The approved information dissemination and complaints handling systems shall be implemented as approved throughout the construction of the authorised project, unless otherwise approved by the relevant planning authority.
PW19 No Burning of Materials
There shall be no burning of waste, materials or refuse on the site at any time during the construction of the authorised project.
PW20 Previously unidentified contamination
(1) If in undertaking the construction of any part of the authorised project, contamination not previously identified is found to be present at the site of that part of the authorised project, then no further development shall be carried out on that site until details as to how this contamination not previously identified is to be dealt with have, following consultation with the Environment Agency and Somerset County Council, been submitted to and approved by the relevant planning authority and put into effect.
(2) Notwithstanding paragraph (1), a defined area or areas may be identified and agreed with the relevant planning authority where development can continue without approval of the details submitted in accordance with paragraph (1).
PW21 Noise Monitoring Scheme (Offsite Associated Development Sites)
(1) No development shall commence at Work Nos. 4A, 4B, 5A, 5B, 6A to 6J, 7A, 7B, 8A, 8B, 9A, 9B, 10 and 11 until a noise monitoring scheme for that work has been submitted to and approved by the relevant planning authority. The noise monitoring scheme shall set out details of—
(a)noise monitoring to establish the effectiveness of the noise management measures;
(b)frequency and format of reporting monitoring information to the relevant planning authority; and
(c)contingency measures that would be implemented where monitoring identifies the exceedance of the noise emission levels set at table 5.2 of the Code of Construction Practice.
(2) The noise monitoring scheme referred to in paragraph (1) shall be implemented for the duration of construction, demolition and dismantling works.
PW22 Piling techniques
(1) The installation of piles associated with Work Nos. 1A, TJ1, 2A to 2H and 8A(1)(a) to (f) shall use the best practice methods, including the use of soft start techniques, equivalent to or better than those outlined in the Report to Inform the Habitats Regulations Assessment.
(2) Notwithstanding the requirement of paragraph (1) no impact piling shall be used for Work No. 8A(1)(a) to (f) during the months October to March inclusive.
PW23 Disposal of dredged material
Dredged material arising from the authorised project shall not be disposed of except within the Severn Estuary Special Area of Conservation.
PW24 Use of infill materials
Only uncontaminated rock, subsoil, brick rubble, crushed concrete, and ceramic materials shall be permitted as infill material used within the authorised project. All site-won fill materials shall be used subject to the controls established within the Code of Construction Practice, and the protocols defined within: “The Definition of Waste: Development Industry Code of Practice. Version 2, March 2011”. Published by Contaminated Land: Applications in Real Environment (CL:AIRE).Code of Practice.

HPC Development Site: site preparation works

3.  Requirements P1 to P26 relate to Work No. 1A(a) to (c) and apply in relation to the aspects of the authorised project to which they refer. For the purpose of requirements P1 to P26, the “site” refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work No. 1A(a) to (c) carried out pursuant to this Order.

(1)

Reference No.

(2)

Requirements

P1 Ecology: tree protection
(1) No development shall commence until a plan has been submitted to and approved by West Somerset District Council that identifies the existing trees and hedgerows (or sections of hedgerows) to be retained on the site together with the type of fencing to be used and arrangements to be made in accordance with British Standard 5837:2005 to protect the retained trees and hedgerows (or sections of hedgerows). The plan shall be implemented in accordance with the approved details.
(2) No retained tree or hedgerow (or section of hedgerow) shall be cut down, uprooted or destroyed, nor shall any retained tree or hedgerow (or section of hedgerow) be topped or lopped other than in accordance with the approved plans and particulars, without the approval of West Somerset District Council. Any topping or lopping approved shall be carried out in accordance with British Standard 5837:2005.
(3) If any retained tree or hedgerow (or section of hedgerow) is removed, uprooted or destroyed or dies, another tree or replacement hedgerow (or section of hedgerow) shall be planted at the same place and that tree or hedgerow (or section of hedgerow) shall be of such size and species, and shall be planted at such time, as may be specified by West Somerset District Council.
P2 Ecology: wildlife mitigation measures – reptiles
(1) The two haul road crossings of the Green Lane shall not be brought into use until design details of reptile crossings and associated fencing have been submitted to and approved by West Somerset District Council.
(2) The reptile crossings and associated fencing shall remain in situ for the duration of the construction of Work No. 1A, unless otherwise approved by West Somerset District Council.
P3 Historic environment: excavation and recording of buried heritage assets
Archaeological works relating to buried heritage assets shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.46) and results published in monograph form within ten years of commencement of the development.
P4 Historic environment: building recording
The programme of archaeological works relating to the three existing barn structures (Benhole Barn; Langborough Barn; and Sidwell Barn) shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Historic Building Recording, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.48) and results published in monograph form within ten years of commencement of the development.
P5 Historic environment: recording of important hedgerows
The programme of archaeological works relating to important hedgerows shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation: Trenches through Green Lane and Historic Hedgerows, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.47). The results shall be published in monograph form within ten years of commencement of the development.
P6 Historic environment, ecology and landscape: Green Lane: preservation in situ
The development shall not commence until a scheme showing the method of working which ensures the preservation in-situ of the Green Lane as shown on drawing HPCSPW025A Rev2: Tree and Hedgerow Retention and Removal has been submitted and approved by West Somerset District Council. The method of working shall be implemented as approved for the duration of the construction of Work No. 1A(a).
P7 Historic environment: monitoring of paleontological remains
No development shall commence until a monitoring scheme has, following consultation with Somerset County Council Historic Environment Service, been submitted to and approved by West Somerset District Council, to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset. The scheme shall be implemented as approved, unless otherwise approved by West Somerset District Council.
P8 Historic environment: scheduled monument management plan
(1) The development shall not commence until a monument management plan for Wick Barrow (SM No. 28) has, following consultation with English Heritage, been submitted to and approved by West Somerset District Council. The monument management plan is to include—
(a)investigation of the landscape in which the monument was constructed;
(b)excavation of earlier archaeological trenches and reinstatement of material;
(c)scrub management and husbandry;
(d)details of the timing and implementation of the removal of the existing road adjacent to Wick Barrow (following construction of the replacement road and roundabout) and details of the grassing over of the existing road land; and
(e)updating of information relating the barrow to the National Monument Record, Somerset County Council Historic Environment Record and production of display material (including virtual and illustrated material).
(2) The monument management plan shall be implemented as approved during the construction of Work No. 1A, unless otherwise approved by West Somerset District Council.
P9 Drainage: oil interceptors
Surface water drainage from impermeable parking areas and hardstanding for vehicles and lorry parks shall be passed through oil interceptors prior to being discharged to any watercourse, surface water sewer or soakaway system, unless otherwise approved by West Somerset District Council. The oil interceptors shall have a sufficient capacity for the areas being drained and shall be constructed prior to the first use of the parking areas or hardstanding and shall thereafter be retained throughout the construction of Work No. 1A. Roof water shall not pass through the oil interceptors.
P10 Surface water drainage
(1) No development shall commence until details of the surface and foul water drainage system for that part (including means of pollution control, details of water management zones and a programme of construction and implementation) have, after consultation with the relevant drainage authority, been submitted to and approved by West Somerset District Council.
(2) The details shall be in general accordance with figure A.1.6 of Appendix 2A of Volume 2 of the Environmental Statement and shall attenuate discharge to greenfield run-off rates.
(3) The surface and foul water drainage system referred to in paragraph (1) shall be constructed, maintained and retained in accordance with the approved details, save to the extent MS30 indicates otherwise.
P11 Drainage: culvert of Holford stream
(1) No development shall commence until details of the Holford Stream Culvert and/or infilling earthworks in the Holford Stream valley have been submitted to and approved by West Somerset District Council. The construction details for the culvert shall be in accordance with the concept details indicated on drawing HPCSPW011 Rev 1: Surface Water Drainage Holford Stream Culvert, unless otherwise approved by West Somerset District Council.
(2) The construction details shall include details of the method of working (including the direction of working, measures for dealing with any flows in the watercourse, backfilling of the original channel, culvert foundations, compaction of fill around the culvert), demonstration of whether the proposed perforated land drains will be able to support the structural loading of the 12m of fill material and operate as intended for their design life, future ownership, maintenance and inspection (including of the proposed trash and security screen), repair, and operation of the culvert, and the full hydraulic design of the Holford Stream to demonstrate that there will be no loss of depth upstream or downstream during low flow conditions.
(3) The culvert works to the Holford Stream shall be carried out in accordance with the approved details. The culvert works shall thereafter be retained for the duration of the authorised project.
P12 Flood Risk: Management Strategy
No development shall occur until a flood risk management strategy has, after consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
P13 Geology and Contaminated Land: Contamination Risk Assessment and Implementation
(1) No development shall commence until the following components of a scheme to deal with the risks associated with potential and known contamination of the site shall each have been submitted to and approved by West Somerset District Council. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation and must include—
(a)a preliminary risk assessment which identifies all previous uses of the site and surrounding land, potential contaminants associated with those uses and a conceptual model of the site indicating sources, pathways and receptors and potentially unacceptable risks arising from contamination at the site;
(b)a site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;
(c)an options appraisal and remediation strategy based upon the site investigation results and the detailed risk assessment in (b) giving full details of the remediation measures required and how they are to be undertaken;
(d)a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
(2) The scheme referred to in paragraph (1) shall be implemented as approved. Any changes to the scheme require the prior approval of West Somerset District Council.
(3) West Somerset District Council shall be given two weeks prior written notification of commencement of the remediation works. Following completion of a measure identified in the approved remediation strategy, a verification report that demonstrates the effectiveness of the remediation must be produced and submitted to West Somerset District Council for approval prior to the commencement of any further development.
P14 Storage of Oils, Fuels, Concrete and Chemicals
In the construction of Work No. 1A, any facilities for the storage of oils, fuels, concrete or chemicals shall be sited on an impervious base and either be graded to drain to a sump/collector or surrounded by impervious walls to form a bunded compound. The volume of the sump/collector or bunded compound shall be at least equivalent to the capacity of the storage tank plus 10%. All filling points, vents, gauges and sight glasses must be located on the impervious base and the drainage system shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must be designed to discharge into the sump/collector or bunded compound.
P15 Geology and Land Contamination: Spoil Mound Remediation
Unless otherwise approved by the relevant planning authority, no development shall commence within the Built Development Area East (as shown on drawing number HP/MR/01 Rev A of planning permission reference 3/32/10/025 dated 13th January 2011 (issued by Somerset County Council)) until—
(a)remediation works in any defined area of the site pursuant to planning permission reference 3/32/10/025 dated 13th January 2011 (issued by Somerset County Council) have been completed to the satisfaction of the relevant planning authority and the validation report and completion certificate for that defined area have been submitted to and approved by the relevant planning authority; except
(b)within areas confirmed in writing by the relevant planning authority in which there is no known or identified contamination, whereby development can proceed subject to condition PW31.
P16 Geology and contaminated land: radiological monitoring
(1) No development shall commence until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 15.19 (Volume 2 of the Environmental Statement) has been submitted to and approved by West Somerset District Council.
(2) The radiological monitoring scheme shall be implemented in accordance with the approved details.
P17 Vegetation clearance
(1) Before undertaking any vegetation clearance within the period from October to March inclusive, a Winter Clearance Scheme designed to avoid or reduce impacts on over-wintering birds which are interest features of the Severn Estuary SPA shall be submitted to and approved by West Somerset District Council.
(2) Any vegetation clearance undertaken during the period October to March inclusive shall be carried out in accordance with the requirements of the Winter Clearance Scheme.
P18 Ecological Mitigation and Monitoring Plan
(1) No development shall commence until an Ecological Mitigation and Monitoring Plan has been submitted to and approved by West Somerset District Council. The submitted details shall reflect the survey results and ecological mitigation and enhancement measures included in Volume 2, chapter 20 of the Environmental Statement and shall include details of—
(a)works for plant community development based on the National Vegetation Classification across the grasslands woodland and hedgerow habitats;
(b)the monitoring of invertebrates (butterflies and other indicator species);
(c)the scale and timing of habitat creation and enhancement works;
(d)the monitoring of bat activity;
(e)a scheme for the protection of badgers;
(f)bird counts to be undertaken on the site, and
(g)a timetable for implementation.
(2) The Ecological Mitigation and Monitoring Plan shall be implemented as approved for the duration of the construction of Work No. 1A.
P19 Habitat Management Plan
(1) No development shall commence until a Habitat Management Plan has been submitted to and approved by West Somerset District Council. The submitted details shall include all areas of habitats proposed to be retained or created and include information on proposals for the management and monitoring of retained features.
(2) The Habitat Management Plan shall be implemented as approved.
P20 Transport: HGV emissions
Unless otherwise agreed by West Somerset District Council, all HGVs to be used in the HPC construction works shall be of the Euro standard that is at least EURO IV. All HGVs to be used in the HPC construction works shall register on a database held by the undertaker but accessible to Somerset County Council, Sedgemoor District Council and West Somerset District Council.
P21 Engineering details of foreshore access road
No works to construct the foreshore access road shall commence until engineering construction details for the road including any associated drainage works have been submitted to and approved by West Somerset District Council. The foreshore access road shall be removed on completion of construction of the offshore works, unless otherwise approved by West Somerset District Council.
P22 Access to foreshore
(1) The foreshore access road shall not be brought into use until demarcations are in place to prevent the movement of vehicles and plant outside the works area/access corridor on intertidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI.
(2) Construction vehicles and plant shall not be permitted to have access to any other areas of the foreshore outside the works area/access corridor.
P23 Flooding: foreshore access
The foreshore access road shall not be brought into use for any HPC construction works until flood warning notices have been erected in suitable and visible positions, such positions and wording of the signs to be approved by West Somerset District Council. The flood warning notices shall be retained throughout the period during which the foreshore access road is in place.
P24 Flooding / erosion: retaining wall
No works to construct the temporary earthworks retaining wall on the cliff / foreshore shall commence until engineering construction details of the temporary earthworks retaining wall have been submitted to and approved by West Somerset District Council. The works shall be carried out and retained in accordance with the approved details.
P25 Landscape and visual: concrete batching plants
Notwithstanding the provisions of the 1995 Order the concrete batching plants and associated integral silos to be constructed on the site shall be finished in a neutral colour and matt finish, unless otherwise approved by West Somerset District Council.
P26 General Permitted Development Order: sleeping accommodation
Notwithstanding the provisions of Parts 4 and 5 of Schedule 2 to the 1995 Order, except in respect of Work No. 3, no part of the site shall be used for the stationing of sleeping accommodation for site workers, unless the approval of the relevant planning authority has first been obtained.

HPC Development Site: Work Nos. 1A, 1B and 1C

4.  For the purpose of requirements MS1 to MS40, the “site” refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work Nos. 1A, 1B and 1C. Requirements MS1 to MS40 relate only to development carried out on the site as so defined. Of the requirements in this paragraph only requirements MS1 to MS27 apply to Work No. 1A(a) to (c) (site preparation works).

(1)

Reference No.

(2)

Requirements

MS1 Ecology: wildlife mitigation measures - bat foraging
(1) Before haul roads are brought into use, and before vegetation is removed to create gaps in hedgerows of over 10 metres, mitigation measures to maintain bat flight corridors across haul roads and along hedgerows shall be installed as set out in the Environmental Statement (Volume 2, chapter 20, paragraph 20.6.1). These mitigation measures shall be retained until replacement areas of bat habitat have been created or enhanced, in accordance with a scheme to be submitted to and approved by West Somerset District Council, in consultation with Natural England and Somerset County Council.
(2) Notwithstanding the bat mitigation land secured by the site preparation permission section 106 Agreement – unless otherwise agreed by West Somerset District Council, Work Nos. 1A(d) to (p), 1B and 1C shall not commence until additional bat habitat creation and enhancement works to an additional area of 15ha, in a location agreed with Natural England, Somerset County Council, and the relevant planning authority, have been completed.
(3) Unless otherwise agreed by the relevant planning authority, following consultation with Natural England and Somerset County Council, the bat habitat creation and enhancement works shall be carried out in accordance with the specification set out in the site preparation permission, Schedule A of “Further Clarification in Relation to Barbastelle Bats”, dated July 2011.
(4) The bat habitat creation and enhancement works referred to in paragraph (2) and the bat mitigation secured by the site preparation permission section 106 agreement (identified on Plan 6 to that agreement) shall be retained until the earthworks and planting in the landscape restoration area have been completed in accordance with requirement MS28.
(5) In this requirement, references to “the site preparation permission section106 agreement” refer to the agreement dated 27th January 2012 and made pursuant to section 106 of the 1990 Act between (1) West Somerset District Council, (2) Somerset County Council, (3) Sedgemoor District Council, (4) EDF Development Company Limited, (5) EDF Energy Nuclear Generation Company Limited, (6) Elizabeth Periam Acland Hood Gass (of the Fairfield Estate) and (7) NNB Generation Company Limited.
MS2 Air Quality Monitoring Scheme
(1) Work Nos. 1A, 1B and 1C shall not commence until details of an air quality monitoring scheme has been submitted to and approved by West Somerset District Council. The details shall include—
(a)the methodology for monitoring continuous ambient particles (PM10, PM2.5 and Total Suspended Particles) and wind speed and direction, temperature, relative humidity and rainfall;
(b)monitoring locations, including sites at (or near to) Doggetts, Knighton Farm, Head Weir House (west of Wick Village) and Yellow Door Cottage (Shurton);
(c)arrangements for real-time logging of air quality over averaging periods of not less than 15 minutes, with remote interrogation and downloading;
(d)trigger levels, and arrangements for automatic notification to West Somerset District Council when these are exceeded;
(e)steps to be taken in the event that maximum hourly mean concentrations for PM10 of 200μg/m3 are exceeded;
(f)the identity of persons to carry out visual inspections in order to review the potential for dust nuisance and, in the event of dust nuisance complaints being made, to help quantify the actual or potential dust nuisance;
(g)the measures to ensure that any diesel fuel used on site shall be ultra-low sulphur diesel (ULSD) (<10mgS/kg).
(2) The details of the air quality monitoring scheme may be revised from time to time, subject to the approval of West Somerset District Council. Monitoring under the approved air quality monitoring scheme shall begin not less than one month prior to the commencement of the development and the scheme shall be implemented throughout the construction of Work Nos. 1A, 1B and 1C and any subsequent landscaping and restoration works.
MS3 Drainage: Surface Water Monitoring
(1) Work Nos. 1A(d) to (p), 1B and 1C shall not commence until a scheme for the monitoring and sampling, including phosphorus, of the Holford Stream, including up and downstream locations, has, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
(2) The scheme shall be implemented in accordance with the approved details.
MS4 Groundwater: Monitoring
(1) No development, including dewatering, shall commence until a scheme for the management and monitoring of groundwater levels and quality has, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
(2) Details of the groundwater monitoring scheme may be revised from time to time, subject to the approval of West Somerset District Council, following consultation with the Environment Agency.
(3) The scheme shall be implemented in accordance with the approved details throughout Work Nos. 1A, 1B and 1C.
MS5 Soil Management Measures
Construction works at the site shall be carried out in accordance with methodology and measures set out in Sections 2 to 4 of the Soil Management Plan (Annex 3 of the Environmental Statement), unless otherwise agreed by West Somerset District Council.
MS6 Stockpiling
(1) No stockpiling shall be permitted on the site until further details of stockpiling have, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council. Such further details shall comprise a materials stockpile plan which shows the location, composition, maximum dimensions, movement and duration of any stockpile that would be in place for longer than one year.
(2) Any stockpiling on the site shall be carried out in accordance with the approved details referred to in paragraph (1).
MS7 Construction development
(1) Buildings, structures, plant, equipment, uses, haul roads, construction hoardings and means of enclosure required in connection with construction works for the site shall be built and used in accordance with section 4.3 of the Construction Method Statement and construction parameter plan figure 4.6, unless otherwise approved by West Somerset District Council.
(2) Notwithstanding paragraph (1) any means of enclosure of the site shall only be installed after it is safe to erect and maintain an appropriate means of marking the boundary of the site which is the subject of the Hinkley Point C Nuclear Site Licensing Licence Condition Arrangements – Assessment Report: ONR-CNRP-AR-12-129 revision 0 (20th November 2012).
(3) For the avoidance of doubt, the construction works and associated plant and equipment south of the 144750mN site boundary (see requirement MS26) shall be limited to works associated with the emergency access road, the bridge over Bum Brook and landscape works.
(4) Following completion of construction of Work No. 1A, all temporary structures, plant and equipment required for construction of the development shall be removed and landscape restoration works implemented in accordance with the details approved for MS26 and MS28.
MS8 Permanent fencing
(1) No permanent security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance, having regard to guidance document ‘Finding A Balance, Guidance on the Sensitivity of Nuclear and Related Information and its Disclosure’, Office of Nuclear Regulation (Office for Civil Nuclear Security), April 2005, have been submitted to and approved by West Somerset District Council.
(2) No permanent fencing of Work No. 1A shall be erected unless in accordance with the approved details.
MS9 Construction noise
(1) As determined at the façade of any dwelling, lawfully in existence at the date on which this Order is made, outside of Work No. 1A, the level of noise emitted from the site during the construction of Work No. 1A, including the removal of temporary construction development and landscape restoration works, 1B, 1C, 2A to 2H and TJ0 to TJ3 shall not exceed the following levels—
(a)Monday to Saturday—
(i)07.00 to 19.00: 65 dB LAeq, 1hour;
(ii)19.00 to 23.00: 60 dB LAeq, 1hour; and
(iii)23.00 to 07:00: 45 dB LAeq, 1hour, and 65 dB LAmax;
(b)Sundays and public holidays—
(i)07.00 to 19.00: 60 dB LAeq, 1hour;
(ii)19.00 to 23.00: 55 dB LAeq, 1hour; and
(iii)23.00 to 07:00: 45 dB LAeq, 1hour, and 65 dB LAmax.
(2) The noise level restriction referred to in paragraph (1)(a)(i) shall apply except for specific, short duration construction or demolition activities during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. A scheme for notifying local residents shall be submitted to and approved by West Somerset District Council before the increased noise threshold is applied. Notice of the application and duration of the increased threshold shall be given to West Somerset District Council and to local residents, in accordance with the approved scheme, at least 48 hours before the increased threshold is applied. The number and duration of occasions on which the increased noise threshold is applied shall be limited to those approved by West Somerset district Council.
(3) Monitoring of the noise levels during construction of the development shall be carried out pursuant to the details approved pursuant to requirement MS11.
MS10 Prohibition of Construction Activities
The following construction activities shall be prohibited between the hours of 23:00 and 07:00—
(a)construction of the emergency access road and its bridge over Bum Brook;
(b)landscaping works south of the 144750mN site boundary;
(c)rock ripping and crushing associated with deep excavations; and
(d)construction of the HPC Accommodation Campus (Work No. 3).
MS11 Noise Monitoring Scheme
(1) Work Nos. 1A, 1B and 1C shall not commence until a noise monitoring scheme for the site has been submitted to and approved by West Somerset District Council. The noise monitoring scheme shall set out details of—
(a)a methodology for monitoring noise to ensure compliance with Requirement MS10;
(b)the location of representative monitoring points outside residential properties;
(c)the frequency and format of reporting monitoring information to West Somerset District Council; and
(d)contingency measures to be taken if noise limits specified in requirement MS10 are exceeded.
(2) The details of the noise monitoring scheme may be revised from time to time, subject to the approval of West Somerset district Council.
(3) The noise monitoring scheme as approved shall be implemented for the duration of construction of Work Nos. 1A, 1B and 1C, and throughout any subsequent site restoration and landscaping.
MS12 Operational Noise
When measured at the façade of any dwelling, legally in existence at the date on which this Order is made, between 23:00 and 07:00 hours, operational noise from the proposed power station shall not exceed 45 dB LAeq, 1 hour.
MS13 Construction lighting
Installation of external construction lighting shall be carried out in accordance with the Construction Lighting Strategy, Appendix A3 of the Construction Method Statement submitted on the 31st October 2011.
MS14 Construction workforce parking
During the construction of Work No. 1A, the number of car and minibus parking spaces for the HPC construction workforce at the site shall not exceed 200 spaces for construction workers and a further 100 spaces for business visitors, VIP visitors, disabled parking and bus parking for the Public Information Centre, unless otherwise approved by West Somerset District Council.
MS15 Operational Car Parking
(1) Car parking for HPC operational staff shall not exceed 430 spaces, excluding spaces allocated for disabled HPC operational staff, unless otherwise agreed by West Somerset District Council.
(2) Car parking for the Public Information Centre shall be operated in accordance with the details approved pursuant to MS40.
(3) Car parking associated with the Training and Simulator Building and Outages and maintenance shall be operated in accordance with the details approved pursuant to MS39.
MS16 Building design
(1) Construction of the Interim Spent Fuel Store (comprised in Work No. 1A(g)), including associated ancillary plant, shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plans HINK-A2-HHK-00-GP-000 (Rev 01), HINK-A2-HHK-00-GE-001 (Rev 01) and HINK-A2-HHK-00-GE-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS17 Access Control Building
(1) Construction of the Access Control Building (comprised in Work No. 1A(g)) shall not commence until details of the layout, scale and external appearance of that building have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A2-HUD-00-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS18 Auxiliary Feedwater Storage Buildings
(1) Construction of the Auxiliary Feedwater Storage buildings (comprised in Work No. 1A(d)(ii) and (e)(ii) shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plans HINK-A2-HSB-01-GA-001 (Rev 01), HINK-A2-HSB-02-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS19 Service Access Buildings
(1) Construction of the Service Access Buildings (comprised in Work No. 1A(h)) shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A1-SL-00-GA-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS20 Sewage Treatment Plant
(1) Construction of the Sewage Treatment Plant (comprised in Work No. 1A(f)) shall not commence until details of the scale and external appearance of that plant have been submitted to West Somerset District Council for approval.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A2-STP-00-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS21 Meteorological Station Mast
(1) Construction of the Meteorological Station Mast (comprised in Work No. 1A(h)) shall not commence until details of the siting, scale and external appearance of that mast have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A1-SL-00-GA-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
(3) The works shall be carried out in accordance with the approved details.
MS22 Bridge
(1) Construction of Work No. 1A(p) (Bridge over Bum Brook) shall not commence until details of the siting, design and appearance of the bridge have been submitted to and approved by West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in general accordance with chapters 6 and 9 of the HPC development site Design and Access Statement and, as set out in section 8.5.50 of the HPC development site Flood Risk Assessment, the soffit level of the bridge shall be no lower than 21.2m above ordnance datum, unless otherwise approved by West Somerset District Council.
(3) The works shall be carried out in accordance with the approved details.
MS23 Emergency Access Road
(1) Construction of the Emergency Access Road (Work No. 1A(p)) shall not commence until details of its proposed siting, layout and horizontal alignment have been submitted for approval to West Somerset District Council.
(2) The details referred to in paragraph (1) shall be in general accordance with section 7.23 and Figure D.17 of the HPC development site Design and Access Statement and 8.5.50 of the HPC development site Flood Risk Assessment.
(3) The works shall be carried out in accordance with the approved details.
MS24 Security
(1) No CCTV columns and mountings shall be installed on the perimeter fence unless and until details of their siting and scale, having regard to guidance document ‘Finding A Balance, Guidance on the Sensitivity of Nuclear and Related Information and its Disclosure’, Office of Nuclear Regulation (Civil Nuclear Security), April 2005, have been submitted to and approved by West Somerset District Council.
(2) The works referred to in (1) shall be carried out in accordance with the approved details, unless otherwise agreed by West Somerset District Council.
MS25 Landscape works: permanent development site
(1) Within 6 months of Unit 1 entering operation a landscape scheme for the permanent development site shall be submitted to and approved by West Somerset District Council. Unit 2 shall not enter operation before this landscaping scheme has been approved. The landscape scheme shall be developed in accordance with the principles established in the HPC development site Design and Access Statement, Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010) and the Site Drainage Strategy (Appendix 2A, Volume 2 of the Environmental Statement) and must include details of proposed landscape works, including—
(a)soft landscape details;
(b)hard surfacing materials, including siting of the helipad;
(c)proposed finished ground levels;
(d)vehicular and pedestrian access, parking and circulation areas;
(e)street furniture, refuse or other storage units; and
(f)an implementation timetable for works.
(2) The landscape works shall be carried out in accordance with the approved landscape scheme referred to in paragraph (1) and in accordance with the relevant recommendations of appropriate British Standards.
MS26 Landscape works: advanced planting south of 144750mN
(1) No development in the area marked ‘advanced landscape works brought forward pursuant to MS15’ on HPC Development Site Works Plans, Clarification of Requirements (Ref: HP/WP/REQ/01) (submitted 6th August 2012) shall commence until a landscape scheme has, following consultation with Natural England, been submitted to and approved by West Somerset District Council. The landscape scheme shall be developed in general accordance with the principles set out in section 2.2 of the HPC development site Landscape Strategy. The landscape scheme shall include details of all proposed landscape works, including—
(a)location, number, species, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)proposed finished ground levels;
(d)pedestrian footpaths / bridleways and circulation areas;
(e)details of existing trees to be retained, with measures for their protection during the HPC construction works; and
(f)plant establishment, maintenance and management arrangements.
(2) Work No. 3 (HPC Accommodation Campus) shall not be brought into use until the landscape works referred to in paragraph (1)(c) to (e) have been be completed. Planting, referred to in paragraph (1)(a) to (b), shall be implemented in the first available planting season thereafter.
(3) No landscape works shall be undertaken other than in accordance with the approved details and in accordance with the relevant recommendations of appropriate British Standards.
MS27 Landscape Works: North-West Bund
(1) No part of the superstructure of any building or structure shall be constructed in Area A identified on drawing HP/WP/REQ/MS15A until the earthworks associated with the north-west bund have been completed.
(2) Unless otherwise approved by West Somerset District Council, screen planting of the bund in accordance with the details approved pursuant to Condition SP23 of the site preparation permission shall be undertaken in the first available planting season (November to March inclusive), following completion of the earthworks referred to in paragraph (1), in accordance with the heights and specification shown on the HEO Environmental Statement Clarification Figures 11.1, 11.2 (Rev 2), 11.3 (Rev 2), 11.4 (Rev 2), 11.5 (Rev 1) and 11.6 (November 2011) to provide a screen height generally at 23.0m above ordnance datum.
(3) If during the construction of Work No. 1A any tree or shrub is removed, dies or becomes seriously damaged or diseased it shall be replaced with plants to the specification referred to in paragraph (2) during the next available planting season as required.
(4) The north-west bund and associated planting shall be maintained for the duration of construction at Work No. 1A, or in accordance with the approved timetable for landscape restoration works approved under MS28.
MS28 Landscape works: landscape restoration
(1) Within six months of Unit 1 entering operation, a landscape scheme for the landscape restoration area shall, following consultation with Natural England, be submitted for the approval of West Somerset District Council. Unit 2 shall not enter operation until this landscaping scheme has been approved. The landscape scheme shall be in general accordance with sections 3 and 4 of the Hinkley Point C Landscape Strategy and must include details of—
(a)location, number, species, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)proposed finished ground levels;
(d)hard surfacing materials;
(e)vehicular and pedestrian access, parking and circulation areas;
(f)landscape maintenance buildings, street furniture, refuse or other storage units;
(g)details of existing trees to be retained, with measures for their protection during the implementation of the landscape works;
(h)removal and restoration proposals for the north-west bund and the HPC Accommodation Campus (Work No. 3);
(i)plant establishment, maintenance and management arrangements;
(j)implementation timetable for the landscape works, including details of the phased removal of temporary construction related development; and
(k)removal and restoration proposals for the HPC Accommodation Campus (Work No. 3).
(2) The landscape works must be carried out in accordance with the approved landscape scheme referred to in paragraph (1) and in accordance with the relevant recommendations of appropriate British Standards.
MS29 Permanent lighting
(1) Installation of external lighting at the site shall be installed in accordance with the HPC Operational Lighting Strategy, Volume 2 of the Environmental Statement, Appendix 2B, save to the extent permitted by paragraph (2).
(2) Further or revised lighting details may, after consultation with the highway authority, be submitted to and approved by West Somerset District Council.
(3) The approved lighting scheme shall be implemented and maintained during operation of development on the permanent development site.
MS30 Surface water drainage
(1) Work Nos. 1A(d) to (p), 1B and 1C shall not commence until details of the surface and foul water drainage system (including management and maintenance arrangements, means of pollution control, sewage treatment works and a programme of construction and implementation) for those works have, after consultation with the Environment Agency and the drainage authority, been submitted to and approved by West Somerset District Council. The surface and foul water drainage proposals shall be based on sustainable drainage principles and in accordance with the Site Drainage Strategy (Appendix 2A, Volume 2 of the Environmental Statement).
(2) The surface and foul water drainage system for that relevant part must be constructed and maintained in accordance with the approved details.
MS31 Coastal path
(1) Following completion of construction of the sea wall, when it is safe to do so (as determined by the undertaker in consultation with Somerset County Council and West Somerset District Council) and in accordance with any footpath implementation plan prepared pursuant to article 16, the coastal path shall be reopened.
(2) Before the coastal path is reopened, the undertaker shall, following consultation with West Somerset District Council and the highway authority, prepare and publish proposals for safety provisions relating to the coastal path.
(3) The coastal path shall be managed in accordance with the details referred to in paragraph (2).
MS32 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007, no further signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by West Somerset District Council.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
MS33 Emergency Flood Planning
During the construction and operation of Work No. 1A, the arrangements for emergency flood planning shall be carried out in accordance with section 10.7 of the HPC development site Flood Risk Assessment, including the use of the Environment Agency’s Flood Warning service, emergency access routes into site and flood management measures in time of flood (e.g. signage of traffic diversions).
MS34 Limitations on Helipad Use
(1) Excluding flights associated with the official opening ceremony, flights providing emergency services and flights of the Ministry of Defence, the number of flights using the HPC helipad and associated with the authorised project shall be restricted to a maximum of 12 two-way flights per calendar year, unless otherwise agreed by West Somerset District Council.
(2) No flights associated with the authorised project except those providing emergency services shall land or take-off from the HPC helipad except between the hours of 08:00 and 21:00 Monday to Saturday (excluding public holidays).
MS35 Helicopter Restrictions
Non-emergency helicopter landings, take-offs and stationing associated with the authorised project shall only take place within the confines of the HPC helipad.
MS36 Recording of Helicopter Flights
(1) Details of all non-emergency flights (and, so far as practicable, emergency flights) to and from the site shall be recorded and such records shall be kept for a minimum of two years from the date of each flight. The record of each flight shall include the origin and destination, times of touchdown and take-off, helicopter type and registration, and purpose of the trip and shall be kept for a minimum of two years from the date of the flight.
(2) These records shall be made available for inspection and sent to West Somerset District Council within 7 days of a request being made by West Somerset District Council.
MS37 Sea Wall
The crest level of the Sea Wall (Work No. 1A(o)) shall not be lower than 13.5m above ordnance datum (N).
MS38 Use of Adjacent Land
Notwithstanding the provisions of the 1995 Order, no land outside but adjoining the site shall be used for the provision of temporary buildings, works, plant or construction machinery required for the development hereby authorised, unless the approval of the relevant planning authority has first been obtained.
MS39 Operational Travel Plan: HPC generating station
(1) The HPC operational car park shall not be used by HPC staff for the operation of the HPC generating station until an operational travel plan has, after consultation with Somerset County Council and Sedgemoor District Council, been submitted to and approved by West Somerset District Council.
(2) The approved travel plan referred to in paragraph (1) shall be implemented as approved, unless otherwise agreed by West Somerset District Council.
MS40 Operational Travel Plan: HPC Public Information Centre
(1) The Public Information Centre (comprised in Work No. 1A(i)) shall not be brought into use until a travel plan for the Public Information Centre has, after consultation with the highway authority and Sedgemoor District Council, been submitted to and approved by West Somerset District Council.
(2) The approved travel plan referred to in paragraph (1) shall be implemented as approved, unless otherwise agreed by West Somerset District Council.

HPC Development Site: temporary jetty

5.  For the purpose of requirements J1 to J5, the “site” refers to the limits of deviation for Work Nos. TJ1, TJ2 and TJ3 as shown on sheet nos. 7, 8 and 9 and “development” refers to Work Nos. TJ0, TJ1, TJ2 and TJ3. Requirements J1 to J5 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

J1 Cliff Management Plan
(1) Prior to the removal of any part of the Jetty (Work Nos. TJ1 to TJ3), a Cliff Management Plan, which shall provide details for arrangements and responsibilities for the removal of those parts of the Jetty and its associated infrastructure which are located within 15m in any direction of the cliff edge, shall be submitted to and approved by West Somerset District Council.
(2) The Cliff Management Plan shall be implemented in accordance with the approved details.
J2 Shelduck and non-breeding birds monitoring and mitigation schemes
(1) Work Nos. TJ1, TJ2 and TJ3 shall not be brought into operation until Shelduck and non-breeding birds monitoring and mitigation schemes have, following consultation with Natural England and the Marine Management Organisation, been submitted to and approved by the relevant planning authority. Unless otherwise agreed, the monitoring and mitigation schemes shall be developed in accordance with the Temporary Jetty Development Principles for an Adaptive Shelduck Monitoring Strategy (ref: NE/9).
(2) The Shelduck and non-breeding birds monitoring and mitigation schemes shall be implemented as approved.
J3 Removal and Reinstatement
(1) Prior to the removal of any part of the temporary jetty works, a detailed reinstatement strategy for the area to be occupied by the jetty lying between the northern boundary of the site of Work No. 1A and the mean low water mark shall be submitted to and approved by West Somerset District Council. The reinstatement strategy shall include details of—
(a)the location and depth of all buried structures within the intertidal area, and the depth and composition of materials to be used to cover those structures;
(b)the levels at which piles would be cut off;
(c)the materials to fill voids left after the removal of piles; and
(d)an implementation timetable for the reinstatement works.
(2) The reinstatement strategy referred to in (1) shall be implemented as approved.
J4 Foghorn
(1) Any foghorn associated with the development shall not be installed unless and until details of the foghorn have been submitted to and approved by West Somerset District Council.
(2) Any foghorn shall not be installed, retained or operated unless in accordance with the approved details.
J5 Lighting
(1) Prior to its installation, details of any lighting to be used on the temporary jetty must be submitted to and approved by West Somerset District Council.
(2) No lighting shall be installed other than in accordance with the approved details.

HPC Development Site: cooling water infrastructure

6.  For the purpose of requirements CW1 and CW2, the “site” refers to the limits of deviation for Work Nos. 2A, 2C, 2E and 2G as shown on sheet nos. 3 and 4 and “development” refers to Work Nos. 2A, 2B, 2C, 2D, 2E, 2F, 2G and 2H. Requirements CW1 and CW2 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

CW1 Cooling water infrastructure design
(1) No development shall commence until details of Work Nos. 2A to 2H have, following consultation with the Countryside Council for Wales, Natural England, English Heritage and the Environment Agency, been submitted to and approved by the Marine Management Organisation. The details shall include—
(a)the location and design (size and shape) of the off-shore intake and outfall heads;
(b)the alignment (horizontal and vertical) of the cooling water intake and outfall tunnels; and
(c)the location and design of the fish recovery and return system and the low velocity side entry intakes, which shall be in accordance with the Environment Agency guidance referenced in the Environmental Statement (Volume 2, chapter 2, paragraph 2.6.21).
(2) The acoustic fish deterrent system shall not be installed until details of the location and design have, following consultation with the Countryside Council for Wales, Natural England and the Environment Agency, been submitted to and approved by the Marine Management Organisation.
(3) No water abstraction shall commence until the off-shore intake and outfall heads, cooling water intake and outfall tunnels, the fish recovery and return system, the low velocity side entry intakes and the acoustic fish deterrent system have been installed in accordance with the approved details referred to in paragraphs (1) and (2).
CW2 Monitoring and adaptive measures
(1) No water abstraction shall commence until a monitoring and adaptive measures plan for Work Nos. 2A to 2H has, after consultation with the Countryside Council for Wales, Natural England and the Environment Agency, been submitted to and approved by the Marine Management Organisation. The purpose of the plan shall be to ensure that the acoustic fish deterrent system minimises the impacts of water abstraction on the relevant fish populations, having regard to the conservation objectives of the Severn Estuary SAC and other relevant ecological considerations. The plan shall set out—
(a)the performance level to be maintained by the acoustic fish deterrent system associated with the cooling water intakes to be confirmed through trials and the fish recovery and return system, during the operation of Unit 1 and Unit 2;
(b)the monitoring arrangements for the trialling of the acoustic fish deterrent system and the fish recovery and return system during commissioning of Unit 1 and Unit 2, in respect of the performance levels set in (a);
(c)the monitoring arrangements for the acoustic fish deterrent system and the fish recovery and return system during operation of Unit 1 and Unit 2, in respect of the performance levels set in (a);
(d)the additional adaptive measures arising from (a), (b) and (c) and reflecting the contents of Appendix 5: Adaptive Management and Contingency Measures, section 1.3.9 (submitted 6th August 2012 as part of EDF Energy – Response to Issues Raised at the Second Issues Specific Hearing), that the Marine Management Organisation may require to be adopted during operation of Unit 1 and Unit 2 to meet or improve on the performance levels agreed under (a); the conditions where such measures would apply; and the process for their implementation; and
(e)the monitoring methodology, frequency of monitoring and format of monitoring reports.
(2) The plan shall be implemented in accordance with its terms.

HPC Development Site: HPC Accommodation Campus

7.  For the purpose of requirements OS1 to OS8, the “site” refers to land within the limits of Work No. 3 as shown on sheet no. 5 and “development” refers to Work No. 3. Requirements OS1 to OS8 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

OS1 Car parking
The number of car parking spaces to be provided and available for Work No. 3 shall not exceed 353, unless otherwise approved by West Somerset District Council.
OS2 Construction compounds
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 4 of the Construction Method Statement and Construction parameter plan Figure 4.6, unless otherwise approved by West Somerset District Council.
(2) Following completion of construction at Work No. 3, all temporary structures, plant and equipment required for construction of the development shall be removed.
OS3 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by West Somerset District Council. The landscape scheme shall be developed in accordance with the landscape strategy drawing 500103 (Rev 01): Proposed Hard and Soft Landscape Works During Operation and section 6 (Design Principles) and section 7 (Development Proposals) of the on-site campus Design and Access Statement and shall include details of all proposed landscape works, including—
(a)soft landscape details;
(b)hard surfacing materials;
(c)vehicular and pedestrian access, parking and circulation areas;
(d)street furniture, security cabins, bus shelters, refuse or other storage units;
(e)plant establishment, maintenance and management arrangements; and
(f)an implementation timetable for the landscape works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
OS4 Fencing
(1) Except for fencing erected pursuant to requirement OS2 and MS8, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by West Somerset District Council.
(2) The development must remain securely fenced at all times during construction and operation of the development.
OS5 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by West Somerset District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the On-site campus Design and Access Statement.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
OS6 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by West Somerset District Council. Signage details shall be in accordance with section 6 of the On-site campus Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
OS7 Surface and foul water
(1) No works shall commence until details of the surface and foul water drainage system (including means of pollution control and future responsibility and maintenance arrangements) have, after consultation with the sewerage and drainage authority, been submitted to and approved by West Somerset District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
OS8 Sports Pitches
The external sports facilities shall not be used or associated lighting operated between the hours of 22:00 and 08:00.

Bridgwater A Accommodation Campus

8.  For the purpose of requirements BRIA1 to BRIA21, the “site” refers to the land within the Order limits shown on sheet no. 12 and “development” refers to Work Nos. 4A, 4B and 4C. Requirements BRIA1 to BRIA21 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

BRIA1 Archaeology
(1) The development shall not commence until a scheme for geoarchaeological investigation of potential peat deposits, as outlined in the Volume 3, chapter 16 of the Environmental Statement, has been submitted to and approved by Somerset County Council.
(2) Any archaeological works must be carried out in accordance with the approved scheme.
BRIA2 Ecology
(1) The development shall not commence until an ecological mitigation and monitoring plan reflecting the survey results and ecological mitigation and enhancement measures included in Volume 3, chapter 14 of the Environmental Statement has been submitted to and approved by Sedgemoor District Council.
(2) The ecological mitigation and monitoring plan shall include an implementation timetable and must be carried out as approved.
BRIA3 Car parking
The number of car parking spaces to be provided and available for Work No. 4A for the duration of the HPC construction works shall not exceed 543, unless otherwise approved by Sedgemoor District Council.
BRIA4 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 3) Construction Work Area and Access Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
BRIA5 Landscape works
(1) No development shall commence until a landscape scheme has, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with the landscape strategy drawings 500106 (Rev 01): Proposed Hard and Soft Landscape Works During Operation and 500108 (Rev 01): Tree and Hedgerow Retention and Removal Plan, and the relevant sections of the Bridgwater A Design and Access Statement and Bridgwater A Flood Risk Assessment. The landscape scheme shall include details of all proposed landscape works, including—
(a)soft landscape details;
(b)proposed finished ground levels;
(c)hard surfacing materials;
(d)street furniture, security cabins, bus shelters, refuse or other storage units;
(e)vehicular and pedestrian access, parking and circulation areas;
(f)details of existing trees to be retained, with measures for their protection during construction of the development;
(g)plant establishment, maintenance and management arrangements; and
(h)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
BRIA6 Fencing
(1) Except for fencing erected pursuant to requirement BRIA4, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 4A must remain securely fenced at all times during construction and operation of Work No. 4A.
BRIA7 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, have been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Bridgwater A Design and Access Statement.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
BRIA8 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Bridgwater A Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
BRIA9 Flood Risk Assessment / resilience
(1) No development shall commence until a flood resilience scheme for the Bridgwater A accommodation campus buildings and associated structures (Work No. 4A(c)) has, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council. The flood resilience scheme shall set out the measures that will be incorporated within the building design, such as the location of service entry points, and the positioning of internal electrical sockets at appropriate heights above finished floor levels.
(2) The development shall be carried out in accordance with the details approved under paragraph (1), unless otherwise approved by Sedgemoor District Council.
BRIA10 Finished floor levels
(1) The development of the Bridgwater A accommodation campus buildings (Work No. 4A(c)) shall not commence until details of all proposed finished floor levels have been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the details approved under paragraph (1).
BRIA11 Surface and foul water
(1) The development shall not commence until details of the surface and foul water drainage system (including means of pollution control and details of the future responsibility and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
BRIA12 Treatment of potential contaminants
(1) The development shall not commence until a scheme to treat and remove suspended solids, hydrocarbons and concrete leachate, and any other potential contaminant, from surface water run-off during construction works has, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the details approved under paragraph (1).
BRIA13 North East Bridgwater drainage scheme
(1) The development shall be connected into the wider North East Bridgwater surface water master drainage scheme already approved under the planning permission granted on 2nd July 2010 by Sedgemoor District Council in respect of the urban extension of North East Bridgwater with reference number 09/08/00017 once the rhyne rationalisation works are available to service the site drainage.
(2) Unless otherwise agreed, the works referred to in paragraph (1) shall be implemented within six months of either the North East Bridgwater surface water master drainage scheme or the development being available for use, whichever is the later.
BRIA14 Highways
The Bridgwater A accommodation buildings (Work No. 4A(c)) shall not be brought into use until Work Nos. 4A(g) (Bus Stops), 4B and 4C are available for use.
BRIA15 Post-operation
All proposed buildings on the site of Work No. 4 shall be demolished, and all materials resulting from their demolition shall be removed from the site, within 12 months of the completion of the HPC construction works.
BRIA16 Sports Pitches
The external sports facilities shall not be used or associated lighting operated between the hours of 22:00 and 08:00.
BRIA17 Contamination
(1) No development shall commence until the following have been submitted to and approved by Sedgemoor District Council—
(a)the remediation strategy required by condition 33 of planning permission granted on 2nd July 2010 by Sedgemoor District Council in respect of the urban extension of North East Bridgwater with reference number 09/08/00017; or
(b)following consultation with the Environment Agency, a remediation strategy which details the required measures and a method statement for the remediation works.
(2) Where works are undertaken pursuant to the details approved under paragraph (1)(b), a verification plan shall be submitted to and approved by Sedgemoor District Council. The verification plan shall demonstrate that the remedial works referred to in paragraph (1)(b) are complete. The verification plan shall identify necessary arrangements for monitoring of pollutant linkages, maintenance and contingency measures.
(3) The remediation strategy shall be implemented as approved, unless otherwise approved by Sedgemoor District Council.
BRIA18 Infiltration of surface water drainage
(1) No infiltration of surface water drainage into the ground shall be permitted unless and until details demonstrating that there is no unacceptable risk to controlled waters have, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the approved details.
BRIA19 Piling
(1) No piling or any other foundation designs using penetrative methods shall be used unless and until details demonstrating that there is no unacceptable risk to controlled waters have, in consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the approved details.
BRIA20 Migration paths for contaminants
(1) No development shall commence until details and plans demonstrating measures to prevent underground services acting as migration pathways for contaminants have, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the approved details.
BRIA21 Bridgwater Sports and Social Club
No development authorised by this Order shall take place on the site of the Bridgwater Sports and Social Club, until a scheme giving assurance that the existing playing fields will be replaced by at least equivalent facilities has been submitted to and approved by Sedgemoor District Council.

Bridgwater C Accommodation Campus

9.  For the purpose of requirements BRIC1 to BRIC18, the “site” refers to the land within the Order limits shown on sheet no. 13 and “development” refers to Work Nos. 5A and 5B. Requirements BRIC1 to BRIC18 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

BRIC1 Car parking
The number of car parking spaces to be provided and available for Work No. 5A for the duration of the HPC construction works shall not exceed 66, unless otherwise approved by Sedgemoor District Council.
BRIC2 Vegetation clearance
(1) No vegetation clearance within the period from March to August inclusive shall be carried out unless and until a scheme designed to avoid or reduce impacts on breeding birds has been submitted to and approved by Sedgemoor District Council.
(2) Any vegetation clearance undertaken during the period March to August inclusive shall be carried out in accordance with the approved scheme.
(3) All vegetation clearance works shall be undertaken under the supervision of an ecological clerk of works.
BRIC3 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 4) Construction Work Area and Access Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
BRIC4 Temporary Canteen Facility
(1) Construction of the Temporary Canteen Facility (comprised in Work No. 5A(e)) shall not commence until details of its siting, scale and external appearance have been submitted to and approved by Sedgemoor District Council.
(2) The details referred to in paragraph (1) shall be in accordance with sections 6 (Design Principles) and 9 (Parameters for Implementation) of the BRI C Accommodation Campus Design and Access Statement.
(3) The Temporary Canteen Facility shall be implemented in accordance with the approved details.
BRIC5 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with the landscape strategy drawing 500103 (Rev 01): Proposed Hard and Soft Landscape Works During Operation and 500100 (Rev 01): Tree and Hedgerow Retention and Removal Plan, and section 6 (Design Principles) and section 7 (Development Proposals) of the Bridgwater C Design and Access Statement. The landscape scheme shall include details of all proposed hard and soft landscape works, including—
(a)soft landscape details;
(b)proposed finished ground levels;
(c)hard surfacing materials;
(d)vehicular and pedestrian access, parking and circulation areas;
(e)street furniture, security cabins, bus shelters, refuse or other storage units;
(f)details of existing trees to be retained, with measures for their protection during construction of the development;
(g)plant establishment, maintenance and management arrangements; and
(h)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
BRIC6 Highways
(1) The site access shall be carried out in accordance with the drawings 830208(Rev 01): Site Entrance Layout and 001001 (Rev 01): Proposed Highways General Arrangement Plan, unless otherwise approved by Sedgemoor District Council.
(2) No works shall be carried out otherwise than in accordance with the approved plans.
(3) Work No. 5A shall not be brought into use until Work No. 5B and the site access are available for use.
BRIC7 Fencing
(1) Except for fencing erected pursuant to requirement BRIC3, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 5A must remain securely fenced at all times during construction and operation of Work No. 5A.
BRIC8 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Bridgwater C Design and Access Statement.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
BRIC9 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Bridgwater C Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
BRIC10 Flood Risk Assessment
The development shall be carried out in accordance with the recommendations set out in sections 5 and 6 of the Bridgwater C Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
BRIC11 Finished floor levels
(1) Construction of the Bridgwater C accommodation campus buildings (Work No. 5A(e) shall not commence until details of all proposed finished floor levels have been submitted to and approved by Sedgemoor District Council. Accommodation floor levels shall be set no lower than 7.5m above ordnance datum (N), or no lower than +150mm above existing ground levels, as recommended by Section 7.1.6 of the Bridgwater C Flood Risk Assessment.
(2) The development shall be carried out in accordance with the details approved under paragraph (1).
BRIC12 Surface and foul water
(1) No works shall commence until details of the surface and foul water drainage system (including means of pollution control and details of the future responsibility and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
BRIC13 Infiltration of surface water drainage
(1) No infiltration of surface water drainage into the ground shall be permitted unless and until details demonstrating that there is no unacceptable risk to controlled waters have, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the approved details.
BRIC14 Migration paths for contaminants
(1) The development shall not commence until a scheme to treat and remove suspended solids, hydrocarbons and concrete leachate, and any other potential contaminant, from surface water run-off during construction works has, after consultation with the sewerage and drainage authority, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the details approved under paragraph (1).
BRIC15 Post-operation
All proposed buildings on the site of Work No. 5A shall be demolished, and all materials resulting from their demolition shall be removed from the site, within 12 months of the completion of the HPC construction works.
BRIC16 Contamination
(1) No development shall commence until a remediation strategy that takes into account the findings of the Factual Report on Ground Investigation at Associated Developments Bridgwater C Campus, Phases I, II and III (Volume 4 of the Environmental Statement, Appendix 12B), has been submitted to and approved by Sedgemoor District Council.
(2) Following completion of the remediation strategy referred to in paragraph (1), a verification plan shall be submitted to Sedgemoor District Council detailing data to be collected in order to demonstrate that the remediation strategy set out in paragraph (1) has been fully implemented and which identifies any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
(3) The remediation strategy referred to in paragraph (1) shall be implemented as approved.
BRIC17 Piling
(1) No piling or any other foundation designs using penetrative methods shall be used, or underground services installed, unless and until details demonstrating that there is no unacceptable risk to controlled waters have, in consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be carried out in accordance with the approved details.
BRIC18 Sports Pitches
The external sports facilities shall not be used or associated lighting operated between the hours of 22:00 and 08:00.

Cannington Bypass

10.  For the purpose of requirements CB1 to CB12, the “site” refers to the land within the Order limits shown on sheet no. 14 and “development” refers to Work Nos. 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 6I and 6J. Requirements CB1 to CB12 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

CB1 Archaeology
(1) The development shall not commence until a scheme of investigation for areas of archaeological interest as identified in Volume 5, chapter 16 of the Environmental Statement has been submitted to and approved by Somerset County Council.
(2) All archaeological works must be carried out in accordance with the approved scheme, unless otherwise approved by Somerset County Council.
CB2 Ecology
(1) The development shall not commence until an ecological mitigation and monitoring plan reflecting the survey results and ecological mitigation measures set out in Volume 5, chapter 14 of the Environmental Statement has been submitted to and approved by Sedgemoor District Council.
(2) The ecological mitigation and monitoring plan shall include an implementation timetable and must be carried out as approved, unless otherwise approved by Sedgemoor District Council.
CB3 Otter protection plan
(1) The development shall not commence until an otter protection plan, setting out the mitigation measures, as identified in Volume 5, chapter 14 of the Environmental Statement, to protect otter populations and the timetable for implementation, has been submitted to and approved by Sedgemoor District Council.
(2) The otter protection plan shall be carried out in accordance with a timetable for implementation as approved.
CB4 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 5) Construction Work Area Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
CB5 Construction working hours
(1) Construction work shall only be undertaken between the hours of 07:00 and 19:00 on weekdays (excluding public holidays) and 08:00 and 13:00 hours on Saturdays, unless otherwise approved by Sedgemoor District Council.
(2) Activities excluded from the above working hours restrictions comprise non-intrusive and internal activities, such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing.
CB6 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with drawings 500129 (Rev 02),500130 (Rev 01), 500131 (Rev 01), 500132 (Rev 01), 500133 (Rev 01) and 500134 (Rev 01) (Detailed Landscape Plan), and must include details of—
(a)location, number, species, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)details of existing trees to be retained, with measures for their protection during construction;
(d)plant establishment, maintenance and management arrangements; and
(e)an implementation timetable for the landscape works.
(2) The landscape works must be carried out in accordance with the approved landscape scheme referred to in paragraph (1) and in accordance with the relevant recommendations of appropriate British Standards.
CB7 Lighting
(1) Installation of highway lighting shall not commence until, after consultation with the highways authority, details of highway lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with the relevant sections of the Cannington Bypass Design and Access Statement.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
CB8 Flood Risk Assessment
The development shall be carried out in accordance with the recommendations set out in the Cannington Bypass Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
CB9 Mill Stream crossing
(1) The development shall not commence until full engineering details of the Mill Stream crossing, including all finished road surface levels over the crossing(s) point(s), have, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The Mill Stream culvert crossing shall be constructed in accordance with the approved details and timetable.
CB10 Flood plain storage
(1) The development shall not commence until details of compensatory floodplain storage to replace that lost as a result of the road footprint at the 1% AEP CC fluvial event have, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The compensatory flood storage shall be constructed in accordance with the approved details and timetable.
CB11 Surface and foul water
(1) The development shall not commence until details of the surface and foul water drainage system (including details of balancing ponds, means of pollution control and details of the future responsibility and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
CB12 Migration paths for contaminants
(1) The development shall not commence until a scheme to treat and remove suspended solids from surface water run-off during construction works has, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The scheme shall be constructed in accordance with the approved details.

Cannington Park and Ride

11.  For the purpose of requirements CP1 to CP15, the “site” refers to the land within the Order limits shown on sheet no. 15 and “development” refers to Work Nos. 7A and 7B. Requirements CP1 to CP15 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

CP1 Ecology
(1) The development shall not commence until an ecological mitigation and monitoring plan has been submitted to and approved by Sedgemoor District Council. The ecological mitigation and monitoring plan shall be prepared to reflect the ecological mitigation and measures included in Volume 6, chapter 14 of the Environmental Statement.
(2) The ecological mitigation and monitoring plan shall include an implementation timetable and must be carried out as approved.
CP2 Car parking
The number of car and minibus parking spaces to be provided and available for Work No. 7A for the duration of the HPC construction works shall not exceed 132 for the construction workforce and a further 120 for visitor parking, unless otherwise approved by Sedgemoor District Council.
CP3 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 6) Construction Work Area Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
CP4 Storage
There shall be no storage of materials, including soil, within the part of the site liable to flood, shown in light blue on figure 4 of the Cannington Park and Ride Flood Risk Assessment (along the north-eastern boundary of the site).
CP5 Construction hours
(1) Construction work shall only be undertaken between the hours of 08:00 and 19:00 on weekdays (excluding public holidays) and 08:00 and 13:00 hours on Saturdays, unless otherwise approved by Sedgemoor District Council.
(2) Activities excluded from the above working hours restrictions comprise non-intrusive and internal activities, such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing.
CP6 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with the landscape strategy drawings (500102 (Rev 02): Tree and Hedgerow Retention and Removal Plan During Operation; 500106 (Rev 01): Tree and Hedgerow Retention and Removal Site Access; and 500109 (Rev 02): Planting Plan During Operational Phase) and must include details of all proposed landscape works, including—
(a)soft landscape details, including details of landscape bunds and earth stockpiles;
(b)hard surfacing materials;
(c)proposed finished ground levels;
(d)vehicular and pedestrian access, parking and circulation areas;
(e)street furniture, security cabins, bus shelters, refuse or other storage units;
(f)details of plant establishment maintenance and management arrangements; and
(g)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
CP7 Fencing
(1) Except for fencing erected pursuant to requirement CP3, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 7A must remain securely fenced at all times during construction and operation of Work No. 7A.
CP8 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Cannington Park and Ride Design and Access Statement and drawing 012001: Proposed Lighting, CCTV and Signage.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
CP9 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Cannington Park and Ride site-specific Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
CP10 Flood Risk Assessment
The development shall be carried out in accordance with the recommendations set out in the Cannington Park and Ride Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
CP11 Flood alleviation channel
Other than the development indicated on drawing 000101 (Rev 02), no development, including the raising of ground level, shall be undertaken within 8m of the banks of the existing flood alleviation channel, unless otherwise approved by Sedgemoor District Council.
CP12 Surface and foul water
(1) The development shall not commence until details of the surface and foul water drainage system (including means of pollution control, balancing ponds and future responsibility, monitoring and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details referred to in paragraph (1).
CP13 Highways
Work No. 7A shall not be brought into use until Work No. 7B is available for use.
CP14 Access road crossings
(1) No development shall commence until engineering details for the site access road crossings of the A39 roadside ditch and the new flood alleviation channel have been submitted to and approved by Sedgemoor District Council. The details shall be in general accordance with the illustrative details set out in Appendix D of the Cannington Park and Ride Flood Risk Assessment.
(2) The details referred to in paragraph (1) shall be implemented as approved.
CP15 Post-operation
Within 12 months of the completion of the HPC construction works, all buildings on the site of Work No. 7A shall be demolished: all materials resulting from their demolition shall be removed from the site; and the land shall be restored to its pre-development level, and to a condition suitable for agricultural use.

Combwich Wharf and Freight Laydown facility

12.  For the purpose of requirements C1 to C30, the “site” refers to the land within the Order limits shown on sheet no. 16 and “development” refers to Work Nos. 8A and 8B. Requirements C1 to C30 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

C1 Ecology
(1) Work No. 8A shall not commence until an ecological mitigation and monitoring plan, reflecting the survey results and ecological mitigation and enhancement measures included in Volume 7, chapter 14 of the Environmental Statement have been submitted to and approved by Sedgemoor District Council.
(2) The ecological mitigation and monitoring plan shall include an implementation timetable and shall be carried out as approved.
C2 Shelduck and non-breeding birds monitoring and mitigation schemes
(1) Work No. 8A shall not be brought into operation until Shelduck and non-breeding birds monitoring and mitigation schemes have, following consultation with Natural England and the Marine Management Organisation, been submitted to and approved by Sedgemoor District Council. Unless otherwise agreed, the monitoring and mitigation schemes shall be developed in accordance with the Combwich Wharf and River Parrett Non-breeding Wildfowl and Wader Monitoring and Mitigation Scheme (submitted 31st August 2012).
(2) The Shelduck and non-breeding birds monitoring and mitigation schemes shall be implemented as approved.
C3 Combwich intertidal monitoring and contingency plan
(1) Work No. 8A shall not commence until a Combwich intertidal monitoring and contingency plan has, after consultation with the Countryside Council for Wales, the Environment Agency, the Marine Management Organisation and Natural England, been submitted to and approved by Sedgemoor District Council. The plan should include—
(a)the geographical extent of topographical monitoring of the intertidal shore and the associated flood defences within, surrounding and immediately adjacent to the Combwich Pill (i.e. the flood defences bordering the Combwich Pill itself and both extending 75m to the north of the Combwich Pill on the western bank of the River Parrett and 75m to the south of the Combwich Pill on that same western bank of the River Parrett);
(b)the geographical extent of monitoring of the eastern flood defences of the River Parrett, extending beyond the predicted area of impact related to the construction of Combwich Wharf. This monitoring shall be undertaken to a level sufficient to confirm the findings of the assessment (i.e. that there are no significant effects);
(c)the details of monitoring of tug boats without payloads, comprising visual observations of vessel wash and recording of tug boat speed, to confirm the predicted absence of impact on the intertidal zone flanking the navigational stretch of the tidal River Parrett upstream to Combwich Wharf, to be undertaken during 12 observational surveys (i.e. 6 travelling to and 6 travelling from Combwich Wharf);
(d)appropriate contingency measures that are to be implemented should monitoring of (a) and (c) above indicate that erosion of the areas concerned, and potential risk to the integrity of the associated flood defences, can be attributed to the construction or operation of Combwich wharf; and
(e)the monitoring methodology, the frequency of monitoring and format of the monitoring reports.
(2) The Combwich intertidal monitoring and contingency plan referred to in paragraph (1) shall be implemented as approved.
C4 Car parking
Except for existing car parking provision associated with the continued use of the Combwich Motor Boat and Sailing Club and the Combwich Laboratory, the number of car and minibus parking spaces to be provided and available for Work No. 8A for the duration of the HPC construction works shall not exceed 50, unless otherwise approved by Sedgemoor District Council.
C5 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with section 6 of the Construction Method Statement and as set out in the Environmental Statement, Volume 7, Figures 3.1 and 3.2 Construction Work Area and Access Plans, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all such temporary structures, plant and equipment required for construction shall be removed, except the welfare cabin at Combwich Wharf (illustrated on drawing 1600: Proposed Layout and Levels).
C6 Construction Hours
(1) Construction and demolition works associated with Combwich Wharf (Work No. 8A(1)(a) to (h)) shall only be undertaken between the hours of 08:00 and 19:00 Monday to Friday (excluding public holidays) and 08:00 and 13:00 hours on Saturdays, unless otherwise approved by Sedgemoor District Council.
(2) Construction and demolition works associated with the Combwich Freight Laydown Facility (Work No. 8A(2)(a) to (h)) shall only be undertaken between the hours of 07:00 and 19:00 on weekdays (excluding public holidays) and 07:00 and 13:00 hours on Saturdays, unless otherwise approved by Sedgemoor District Council.
(3) Activities excluded from the above working hours restrictions comprise non-intrusive and internal activities, such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing.
C7 Freight laydown facility
Until Work Nos. 6A (Cannington bypass) and 6B (Cannington new road) have been constructed and are available for use, no work shall take place on Work No.8A(2)(a) to (h) (Combwich Freight Laydown Facility) which involves the delivery or removal of bulk filling materials other than via Combwich Wharf and the Combwich Wharf Access Road.
C8 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with the drawings (500103 (Rev 01) and 500104 (Rev 01): Landscape Planting Plan during Operation; 500400 (Rev 01): Landscape Planting Plan Post Operation, 500101 (Rev 01) and 500105 (Rev 01): Tree and Hedgerow Retention and Removal Plan and 1615 (Rev 01), 007001 (Rev 01) and 1005 (Rev 01): Proposed Surface Finishes), and must include details of all proposed landscape works, including—
(a)soft landscape details, including details of landscape bunds and earth stockpiles;
(b)hard surfacing materials;
(c)proposed finished ground levels;
(d)vehicular and pedestrian access, parking and circulation areas;
(e)street furniture, security cabins, bus shelters, refuse or other storage units;
(f)details of plant establishment, maintenance and management arrangements; and
(g)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
C9 Fencing
(1) Except for fencing erected pursuant to requirement C4, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 8A must remain securely fenced at all times during construction and operation of Work No. 8A.
C10 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Combwich Design and Access Statement.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
C11 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Combwich Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
C12 Structures
(1) The fire fighting water supply tank shall not be installed until details of its siting, scale and appearance have been submitted to and approved by Sedgemoor District Council and shall be in accordance with chapter 6 (Design Principles) and chapter 9 (Implementation) of the Combwich Design and Access Statement.
(2) The fire fighting water supply tank shall be installed in accordance with the approved details.
C13 Flood Risk Assessment
The development shall be carried out in accordance with the recommendations set out in the Combwich Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
C14 Surface and foul water
(1) The development shall not commence until details of the surface and foul water drainage system (including means of pollution control, culverts and future responsibility, monitoring of maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
C15 Treatment of potential contaminants
(1) The development shall not commence until a scheme to treat and remove suspended solids from surface water run-off during construction works has, following consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The scheme referred to in paragraph (1) shall be implemented as approved.
C16 Working Hours
(1) Unless Sedgemoor District Council agrees otherwise, the unloading of AILs and general construction goods at Combwich Wharf shall be restricted to the hours of 07:30 to 18:30, seven days a week.
(2) Where the Council agrees to deliveries outside the times stated in paragraph (1), the undertaker shall notify residents and occupiers of premises in Riverside and adjacent to the Wharf of the anticipated timing of such deliveries at least 24 hours before any of them takes place. Notwithstanding article 44, notification shall be given in writing and delivered to each of those premises unless the resident or occupier has agreed otherwise in writing (in which case, notification shall be given by the means agreed).
(3) At Combwich Freight Laydown Facility, the arrival and departure of vehicles in connection with unloading activities at Combwich Wharf, the movement of general construction goods between the Wharf and the Laydown Facility, and other storage activities at the Laydown Facility shall not take place outside the hours of 07:00 to 20:00 Mondays to Fridays or 08:00 to 18:00 on Saturdays and Sundays and public holidays, unless Sedgemoor District Council agrees otherwise.
C17 Vessel Arrivals and Departures
(1) Unless Sedgemoor District Council agrees otherwise, no vessel shall arrive or depart from Combwich Wharf in connection with the authorised project on high tides predicted to occur between the hours of 22:00 and 06:00 (by the tidal prediction tables giving the time and height of high tides at Combwich, prepared by the National Oceanography Centre, National Tidal and Sea Level Facility).
(2) Where the Council agrees to arrival or departure on high tides predicted to occur between the times stated in paragraph (1), the undertaker shall notify residents of premises in Riverside between Ship Lane and Old Mill Close of the arrivals or departures concerned and their anticipated timing at least 24 hours before any of them takes place. Notwithstanding article 44, notification shall be given in writing and delivered to each of those premises unless the resident or occupier has agreed otherwise in writing (in which case, notification shall be given by the means agreed).
C18 Generator Noise
(1) Except for emergencies, vessels berthed at Combwich Wharf shall not operate on-board generators between the hours of 23:00 and 07:00 unless the undertaker has first notified Sedgemoor District Council and erected a public notice in a location within Combwich approved by Sedgemoor District Council at least 24 hours in advance. The notification and notice shall include details of the planned commencement and duration of the use of the on-board generators.
(2) As determined outside of the nearest residential receptor (24 Riverside), the level of noise emitted between the hours of 23:00 to 07:00 by on-board generators of vessels berthed at Combwich Wharf shall not exceed 45dB LAeq, 8 hour, unless otherwise agreed by Sedgemoor District Council.
(3) Monitoring of the noise levels during the HPC construction works shall be carried out pursuant to the details approved for requirement C19.
C19 Operational noise monitoring scheme
(1) Combwich Wharf shall not be brought into use until a noise monitoring scheme for the site has been submitted to and approved by Sedgemoor District Council. The noise monitoring scheme shall set out details of—
(a)noise monitoring to establish the effectiveness of the noise management measures; and
(b)frequency and format of reporting monitoring information to the relevant planning authority.
(2) The noise monitoring scheme referred to in paragraph (1) shall be implemented and maintained for the duration of the operation of Combwich Wharf.
C20 Highways
Work No. 8A shall not be brought into use in connection with the HPC construction works until Work No. 8B is available for use.
C21 Storage
Except for AILs, items shall not be stored at the Combwich Freight Laydown Facility (Work No. 8A(2)(a) to (h)) in any arrangement which exceeds 6m in height, unless otherwise approved by Sedgemoor District Council.
C22 Use of freight laydown facility
The Combwich Freight Laydown Facility (Work No. 8A(2)(a) to (h)) shall not be used as a contractor compound area for the HPC development site, or for the storage of construction materials from Work No. TJ1.
C23 Post-operation
Within 12 months of the completion of the HPC construction works, all buildings on the site of Work No. 8A(2)(a) to (h) shall be demolished: all materials resulting from their demolition shall be removed from the site; and the land shall be restored to its pre-development level, and to a condition suitable for agricultural use.
C24 Replacement pontoon
(1) The pontoon located immediately to the west of the AIL Quay shall not be removed until details of a replacement pontoon have, following consultation with the Combwich Motor Boat and Sailing Club, been submitted to and approved by Sedgemoor District Council. The details shall set out the replacement pontoon’s design, location and timing of its implementation.
(2) The replacement pontoon shall be implemented in accordance with the approved details.
C25 Tuckett’s Clyce
(1) No development shall commence until a full structural survey is carried out on the Tuckett’s Clyce structure and, after consultation with the Environment Agency, the report of the survey has been submitted to and approved by Sedgemoor District Council. The report shall set out appropriate monitoring of the structure and measures that would be implemented should monitoring indicate that erosion of Tuckett’s Clyce would be likely to increase the risk of flooding.
(2) No development shall be carried out until an inspection/maintenance schedule (and if necessary an upgrade programme) for Tuckett’s Clyce has, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(3) The development shall be implemented in accordance with the details approved under paragraphs (1) and (2), unless otherwise approved by Sedgemoor District Council.
C26 Finished floor levels
(1) No development shall commence until proposed ground and finished floor levels have, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be implemented in accordance with the levels as approved.
C27 Rhyne crossings
(1) No development shall commence until engineering details of all rhyne culvert crossings have, after consultation with the Environment Agency and the Parrett Internal Drainage Board, been submitted to and approved by Sedgemoor District Council.
(2) The development shall be implemented in accordance with the approved details.
C28 Flood resilience
(1) No development shall commence until a scheme setting out the proposed flood defence improvements (including flood bund around the Combwich Freight Laydown Facility area and proposals for future maintenance) has, after consultation with the Environment Agency and Marine Management Organisation, been submitted to and approved by Sedgemoor District Council.
(2) The scheme shall be implemented as approved.
C29 Protection of flood defences
Other than development indicated on Drawing No 1003, no development within Work No. 8A(2)(a) to (h) (Combwich Freight Laydown Area), including the raising of ground level, shall be undertaken within 8 metres of the River Parrett flood defences, unless otherwise approved by Sedgemoor District Council, following consultation with the Environment Agency.
C30 Mooring vessels
(1) Following completion of the Combwich Wharf refurbishment works, vessels carrying goods associated with the HPC construction works shall only berth on the Berthing Bed, indicated on drawing: Site Layout and Levels (Ref: 1600), unless otherwise agreed in writing by Sedgemoor District Council.
(2) For the avoidance of doubt, this restriction shall only apply to vessels carrying goods associated with the construction of HPC and shall not apply to small work boats, such as those used to carry mooring lines between the main vessels and the wharf.

Junction 23

13.  For the purpose of requirements J23-1 to J23-16, the “site” refers to the Order limits shown on sheet no. 17 and “development” refers to Work Nos. 9A and 9B. Requirements J23-1 to J23-16 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

J23-1 Archaeology
(1) The development shall not commence until a scheme for geoarchaeological recording of soils and sediments of geoarchaeological interest, as outlined in Volume 8, chapter 16 of the Environmental Statement, has been submitted to and approved by Somerset County Council.
(2) Any archaeological works must be carried out in accordance with the approved scheme.
J23-2 Ecology
(1) The development shall not commence until an ecological mitigation and monitoring plan for the site reflecting the survey results and ecological mitigation and enhancement measures included in Volume 8, chapter 16 of the Environmental Statement have been submitted to and approved by Sedgemoor District Council.
(2) The ecological mitigation and monitoring plan shall include an implementation timetable and must be carried out as approved.
J23-3 Car parking
The number of car and minibus parking spaces to be provided on the site shall not exceed 1300, unless otherwise approved by Sedgemoor District Council.
J23-4 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 8) Construction Work Area Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant, equipment and uses required for construction of the development shall be removed or cease.
J23-5 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in general accordance with the landscape strategy drawings 500102 (Rev 01): Tree and Hedgerow Retention and Removal Plan; 500106 (Rev 01): Tree and Hedgerow Retention and Removal Plan Site Access Road; 500107 (Rev 01): Planting Plan During Operation, and drawings 007001 (Rev 01), 007002 (Rev 02), 007003 (Rev 01), to 007004 (Rev 01): Proposed Surface Finishes and must include details of all proposed landscape works, including—
(a)soft landscape details, including details of landscape bunds and earth stockpiles;
(b)proposed finished ground levels;
(c)hard surfacing materials;
(d)vehicular and pedestrian access, parking and circulation areas;
(e)security cabins, furniture, refuse or other storage units;
(f)details of plant establishment, maintenance and management arrangements; and
(g)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
J23-6 Fencing
(1) Except for fencing erected pursuant to requirement J23-4, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 9A must remain securely fenced at all times during construction and operation of Work No. 9A.
J23-7 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Junction 23 Design and Access Statement and drawings 012001 to 012004: Proposed Signage, Lighting and CCTV.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
J23-8 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Junction 23 Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
Flood Risk Assessment and Mitigation
J23-9The development shall be carried out in accordance with the recommendations set out in the Junction 23 Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
J23-10Other than the development indicated on drawing 000101, no development, including the raising of ground level, shall be undertaken within 8m of the River Parrett flood defences, unless otherwise approved by Sedgemoor District Council, in consultation with the Environment Agency.
J23-11(1) No development shall commence until proposed ground/finished floor levels have, after consultation with the Environment Agency, been submitted to and approved by Sedgemoor District Council.
(2) The details shall be implemented as approved.
Surface and foul water
J23-12(1) The development shall not commence until details of the surface and foul water drainage system (including means of pollution control and future responsibility, monitoring and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details.
J23-13(1) Work No. 9A shall not commence until engineering details of all rhyne culvert crossings have, following consultation with the Environment Agency and Parrett Internal Drainage Board, been submitted to and approved by Sedgemoor District Council.
(2) The approved culverts shall be constructed in accordance with the engineering detail approved under paragraph (1).
J23-14(1) Work No. 9A shall not commence until a scheme setting out the proposed River Parrett flood defence improvements (including future responsibility and maintenance arrangements) has, following consultation with the Environment Agency and Parrett Internal Drainage Board, been submitted to and approved by Sedgemoor District Council.
(2) The flood defence improvements shall be carried out in accordance with the approved details and be in place prior to any part of the site being brought into use.
J23-15 Highways
Work No. 9A shall not be brought into use until Work No. 9B is available for use.
J23-16 Post-operation
Within 12 months of the completion of the HPC construction works, all temporary buildings, structures, internal access roads and areas of hardstanding shall be removed from the site of Work No. 9A; and the ground shall be restored to its pre-development level, and to a condition suitable for agricultural use.

Junction 24

14.  For the purpose of requirements J24-1 to J24-10, the “site” refers to the land within the Order limits shown on sheet no. 18 and “development” refers to Work No. 10. Requirements J24-1 to J24-10 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

J24-1 Car parking
The number of car and minibus parking spaces to be provided and available for Work No. 10 for the duration of the HPC construction works shall not exceed 1,300, unless otherwise approved by Sedgemoor District Council.
J24-2 Vegetation clearance
(1) No vegetation clearance within the period from March to August inclusive shall commence unless and until a scheme designed to avoid or reduce impacts on breeding birds has been submitted to and approved by Sedgemoor District Council.
(2) Any vegetation clearance undertaken during the period March to August inclusive shall be carried out in accordance with the approved scheme referred to in paragraph (1).
(3) All vegetation clearance works shall be undertaken under the supervision of an ecological clerk of works.
J24-3 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 9) Construction Work Area Plan, unless otherwise approved by Sedgemoor District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
J24-4 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by Sedgemoor District Council. The landscape scheme shall be developed in accordance with the approved landscape strategy drawings 500100 (Rev 01): Tree and Hedgerow Retention and Removal Plan; 500104 (Rev 01): Tree and Hedgerow Retention and Removal Plan Detailed Area; 500102 (Rev 01): Planting Plan During Operation Pre-Junction 23; 500403 (Rev 01): Planting Plan During Operation Post-Junction 23; 007001 to 007002 (Rev 01): Proposed Surface Finishes Pre-Junction 23 and 007003 to 007004 (Rev 01): Proposed Surface Finishes Post-Junction 23 and must include details of all proposed hard and soft landscape works, including—
(a)soft landscape details;
(b)hard surfacing materials;
(c)vehicular and pedestrian access, parking and circulation areas;
(d)security cabins, furniture, refuse or other storage units;
(e)details of plant establishment, maintenance and management arrangements; and
(f)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
J24-5 Site access
Work No. 10 shall not be brought into use until the site access is available for use.
J24-6 Fencing
(1) Except for fencing erected pursuant to requirement J24-3, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by Sedgemoor District Council.
(2) Work No. 10 must remain securely fenced at all times during construction and operation of Work No. 10.
J24-7 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by Sedgemoor District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Junction 24 Design and Access Statement and with drawings 012001 to 012002 (Rev 01): Proposed Signage, Lighting and CCTV Pre Junction 23; 012003 to 012004 (Rev 01): Proposed Signage, Lighting and CCTV Post-Junction 23.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
J24-8 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of The Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by Sedgemoor District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Junction 24 Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
J24-9 Flood Risk Assessment
The development shall be carried out in accordance with the recommendations set out in the Junction 24 Flood Risk Assessment, unless otherwise approved by Sedgemoor District Council.
J24-10 Surface and foul water
(1) No modifications shall be made to the existing surface and foul water drainage system until details (including means of pollution control and details of the future responsibility and maintenance arrangements) have, after consultation with the Environment Agency, the sewerage authority and drainage authority (Parrett Internal Drainage Board), been submitted to and approved by Sedgemoor District Council.
(2) The surface and foul water drainage system shall be constructed in accordance with the approved details referred to in paragraph (1).

Williton

15.  For the purpose of requirements WP1 to WP12, the “site” refers to the land within the Order limits shown on sheet no. 19 and “development” refers to Work No. 11. Requirements WP1 to WP12 relate only to development carried out on the site as so defined.

(1)

Reference No.

(2)

Requirements

WP1 Car parking
The number of car and minibus parking spaces to be provided and available for Work No. 11 for the duration of the HPC construction works shall not exceed 160, unless otherwise approved by West Somerset District Council.
WP2 Vegetation clearance
(1) No vegetation clearance within the period from March to August inclusive shall commence unless and until a scheme designed to avoid or reduce impacts on breeding birds has been submitted to and approved by West Somerset District Council.
(2) Any vegetation clearance undertaken during the period March to August inclusive shall be carried out in accordance with the approved scheme referred to in paragraph (1).
(3) All vegetation clearance works shall be undertaken under the supervision of an ecological clerk of works.
WP3 Construction compound
(1) Buildings, structures, plant, equipment, uses, construction hoardings and means of enclosure required in connection with construction of the development shall be built and used in accordance with Section 6 of the Construction Method Statement and as set out in Figure 3.1 (Environmental Statement, Volume 10) Construction Work Area Plan, unless otherwise approved by West Somerset District Council.
(2) Following completion of construction works on site, all temporary structures, plant and equipment required for construction of the development shall be removed.
WP4 Landscape works
(1) No development shall commence until a landscape scheme has been submitted to and approved by West Somerset District Council. The landscape scheme shall be developed in accordance with the approved landscape strategy drawings 500100 (Rev 01): Tree and Hedgerow Retention and Removal Plan and 007001 (Rev 01): Proposed Surface Finishes and must include details of all proposed hard and soft landscape works, including—
(a)soft landscape details;
(b)hard surfacing materials;
(c)vehicular and pedestrian access, parking and circulation areas;
(d)security cabins, furniture, refuse or other storage units;
(e)plant establishment, maintenance and management arrangements; and
(f)an implementation timetable for all landscaping works.
(2) All landscape works must be carried out in accordance with the landscape scheme approved under this requirement and in accordance with the relevant recommendations of appropriate British Standards.
WP5 Site access
Work No. 11 shall not be brought into use until the site access is available for use.
WP6 Fencing
(1) Except for fencing erected pursuant to requirement WP3, no security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance have been submitted to and approved by West Somerset District Council.
(2) The site must remain securely fenced at all times during construction and operation of Work No. 11.
WP7 Lighting
(1) Installation of external lighting shall not commence until details of external lighting, including a scheme for the management and mitigation of artificial light emissions, has been submitted to and approved by West Somerset District Council. The lighting scheme shall be in accordance with section 7 (Development Proposals) of the Williton Design and Access Statement and drawing 012001: Proposed Lighting, CCTV and Signage.
(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the construction and operation of the development.
WP8 Signage
(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007 or any signage set out in the approved plans, no signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by West Somerset District Council. Signage details shall be in accordance with section 6 (Design Principles) of the Williton Design and Access Statement.
(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
Flood Risk Assessment and Mitigation
WP9The development shall be carried out in accordance with the recommendations set out in the Williton Flood Risk Assessment, unless otherwise approved by West Somerset District Council.
WP10(1) The development shall not commence until engineering details of the proposed surface water outfall pipe connection to the culverted watercourse have, after consultation with the sewerage and drainage authority, been submitted to and approved by West Somerset District Council.
(2) The connection shall be implemented in accordance with the approved details.
Surface and foul water
WP11(1) The development shall not commence until details of the surface and foul water drainage system (including means of pollution control and details of the future responsibility, monitoring and maintenance arrangements) have, after consultation with the sewerage and drainage authority, been submitted to and approved by West Somerset District Council.
(2) The works shall be implemented as approved.
WP12(1) The development shall not commence until a scheme to treat and remove suspended solids, hydrocarbons and concrete leachate, and any other potential contaminant, from surface water run-off during construction works has, after consultation with the sewerage and drainage authority, been submitted to and approved by West Somerset District Council.
(2) The scheme shall be implemented as approved.
(1)

1971 c. 80. There are amendments to this Act which are not relevant to this Order.