The A63 (Castle Street Improvement, Hull) Development Consent Order 2020

PART 1 E+W REQUIREMENTS

Interpretation E+W

1.  In this Schedule—

“contaminated land” has the same meaning as that given in section 78A (preliminary) of the Environmental Protection Act 1990 M1 ;

“European protected species” has the same meaning as in regulation 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 M2 ;

“HEMP” means the handover environmental management plan;

“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England, or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981 M3 ; and

“REAC” means the register of environmental actions and commitments (Annex B to the OEMP with document reference TR010016/APP/6.11).

Commencement Information

I1 Sch. 2 para. 1 in force at 18.6.2020, see art. 1

Marginal Citations

M1 1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).

M2 S.I. 2017/1012.

M3 1981 c. 69.

Time limits E+W

2.  The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Commencement Information

I2 Sch. 2 para. 2 in force at 18.6.2020, see art. 1

Detailed design E+W

3.—(1) The authorised development must be designed in detail and carried out in accordance with the preliminary scheme design shown on the engineering drawings and sections unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Commencement Information

I3 Sch. 2 para. 3 in force at 18.6.2020, see art. 1

Construction and handover environmental management plan E+W

4.—(1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the OEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority to the extent that it relates to matters relevant to its function.

(2) The CEMP must be written in accordance with ISO14001 and must—

(a) reflect the mitigation measures set out in the REAC;

(b) contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(c) require adherence to working hours of 07:30–18:00 Mondays to Fridays and 08:00–13:00 on Saturday and no working on Sundays or Bank Holidays except for—

(i) night-time closures for bridge demolition and installation;

(ii) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

(iii) junction tie-in works;

(iv) removal of overhead power lines;

(v) overnight traffic management measures; or

(vi) cases of emergency,

unless otherwise agreed by the relevant planning authority in advance;

(d) include the following management plans—

(i) Archaeological Project Design (APD);

(ii) Arboricultural Implications Assessment (AIA);

(iii) Arboricultural Method Statement (AMS);

(iv) Landscape and Ecology Management Plan (LEMP);

(v) Handover Environmental Management Plan (HEMP);

(vi) Marine Mammal Mitigation Plan (MMMP);

(vii) Groundwater Monitoring Plan (GMP);

(viii) Erosion Prevention and Sediment Control Plan (ESPCP);

(ix) Noise and Vibration Management Plan (NVMP);

(x) Materials Management Plan (MMP);

(xi) Site Waste Management Plan (SWMP);

(xii) Foundation Works Risk Assessment (FWRA);

(xiii) Materials Logistics Plan (MLP);

(xiv) Community Relations Strategy (CRS);

(xv) Traffic and Transport Management Plan (TTMP);

(xvi) Flood Evacuation Plan (FEP); and

(xvii) Flood Emergency and Evacuation Plan (FEEP).

(3) The construction of the authorised development must be carried out in accordance with the approved CEMP.

(4) A HEMP must be developed and completed by the end of construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

(5) The HEMP must address the matters set out in the approved CEMP that are relevant to the operation and maintenance of the authorised development and must contain—

(a) the environmental information needed for the future maintenance and operation of the authorised development;

(b) the long term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

(6) The authorised development must be operated and maintained in accordance with the HEMP.

Commencement Information

I4 Sch. 2 para. 4 in force at 18.6.2020, see art. 1

Landscaping E+W

5.—(1) No part of the authorised development is to commence until a landscaping scheme which sets out details of all proposed hard and soft landscaping works has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan annexed to the environmental statement.

(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

(a) location, number, species mix, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) existing trees to be retained, with measures for their protection during the construction period;

(d) proposed finished ground levels; and

(e) implementation timetables for all landscaping works.

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(5) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to a variation.

Commencement Information

I5 Sch. 2 para. 5 in force at 18.6.2020, see art. 1

Contaminated land and groundwater E+W

6.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination which includes consideration of whether construction, either in whole or in part, should be halted and appropriate timescales for remediation in consultation with the relevant planning authority and the Environment Agency.

(2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to the Secretary of State for approval, and the Secretary of State will consult the relevant planning authority and the Environment Agency on matters related to their functions before giving such approval.

(3) Where it has been determined under sub-paragraph (1) that development, either in whole or in part, should be halted, development may not re-commence until—

(i) the written scheme and programme for remedial measures in sub-paragraph (2) has been approved by the Secretary of State; and

(ii) any works identified in the approved scheme as necessary before recommencement have been carried out.

(4) Remediation must be carried out in accordance with the approved scheme.

Commencement Information

I6 Sch. 2 para. 6 in force at 18.6.2020, see art. 1

Protected species E+W

7.—(1) No part of the authorised development is to commence until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by any part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) If the relevant works require a protected species licence, the undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England, and under any necessary licences.

Commencement Information

I7 Sch. 2 para. 7 in force at 18.6.2020, see art. 1

Surface and foul water drainage E+W

8.—(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Commencement Information

I8 Sch. 2 para. 8 in force at 18.6.2020, see art. 1

Archaeological remains E+W

9.—(1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notice served on the relevant planning authority as soon as reasonably practicable from the date they are identified.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.

(6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details which have been submitted in writing to, and approved in writing by, the relevant planning authority.

Commencement Information

I9 Sch. 2 para. 9 in force at 18.6.2020, see art. 1

Traffic management E+W

10.—(1) No part of the authorised development is to commence until a traffic and transport management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The authorised development must be constructed in accordance with the traffic and transport management plan referred to in sub-paragraph (1).

Commencement Information

I10 Sch. 2 para. 10 in force at 18.6.2020, see art. 1

Amendments to approved details E+W

11.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing.

Commencement Information

I11 Sch. 2 para. 11 in force at 18.6.2020, see art. 1

Fencing and barriers E+W

12.—(1) Any permanent or temporary fencing, barriers or other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 (for fencing) and Volume 1 Series 0400 (for road restraints) of the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

(2) No part of Work No.5 is to commence until details and specifications for the scale, design and materials of the central reserve vehicle restraint system, including any associated fence, barrier, wall or other means of enclosure, have been submitted to and approved by the Secretary of State following consultation with the relevant planning authority on matters related to its function.

(3) The central reserve vehicle restraint system, including any associated fence or barrier must be constructed in accordance with the approved details, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to any variation.

Commencement Information

I12 Sch. 2 para. 12 in force at 18.6.2020, see art. 1

Pumping station E+W

13.—(1) No part of the authorised development is to commence until the following details for the pumping station forming part of Work No.24 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions—

(a) siting;

(b) scale;

(c) design;

(d) materials;

(e) landscaping;

(f) means of enclosure;

(g) flood risk resistance measures to be incorporated to a minimum level of 4.0m above ordnance datum;

(h) flood risk resilience measures to be incorporated to a minimum level of 4.0m above ordnance datum.

(2) The pumping station must be constructed in accordance with the approved details unless the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions, gives consent to any variation.

Commencement Information

I13 Sch. 2 para. 13 in force at 18.6.2020, see art. 1

Earl de Grey public house E+W

14.—(1) None of the works to the Earl de Grey public house set out in Schedule 1, Work No.30 are to commence until—

(a) details of the reconstruction or partial reconstruction of the building; and

(b) a method statement describing full details of how the Earl de Grey public house is to be—

(i) structurally assessed;

(ii) recorded in situ to level 4 building recording in accordance with Historic England guidance;

(iii) dismantled, including compiling an inventory of all building materials to be re-used, and justification for excluding any historic fabric;

(iv) stored; and

(v) reconstructed; and

(c) a timetable for the completion of the work listed under part (b),

have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Historic England on matters related to their functions.

(2) The works to the Earl de Grey public house must be carried out in accordance with the approved details unless the Secretary of State, following consultation with the relevant planning authority and Historic England on matters related to their functions gives consent to a variation.

Commencement Information

I14 Sch. 2 para. 14 in force at 18.6.2020, see art. 1

Replacement green space E+W

15.—(1) None of the works to the replacement green space set out in Schedule 1, Work No.13 are to commence until—

(a) details of the design of the replacement green space, including hard and soft landscaping;

(b) details of the phasing of the works; and

(c) the method for and timing of the handover of the space to the local authority,

have been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The works shall be carried out and the open space handed over to the local authority in accordance with the approved details.

Commencement Information

I15 Sch. 2 para. 15 in force at 18.6.2020, see art. 1

Beverley Gate Scheduled Monument E+W

16.—(1) No works affecting the Beverley Gate Scheduled Monument may commence until a methodology and appropriate archaeological strategy for those works has been agreed with Historic England.

(2) Those works must be carried out in accordance with the agreed methodology and appropriate archaeological strategy.

(3) In this paragraph, “works” has the meaning given in section 2(2) (control of works affecting scheduled monuments) of the Ancient Monuments and Archaeological Areas Act 1979 M4 .

Commencement Information

I16 Sch. 2 para. 16 in force at 18.6.2020, see art. 1

Marginal Citations

M4 1979 c. 46.

High Street underpass works E+W

17.—(1) Work No.41 is not to commence until the following details of the improvements to the High Street underpass have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function—

(a) design;

(b) materials;

(c) hard and soft landscaping;

(d) means of enclosure;

(e) lighting;

(f) wayfinding and interpretation;

(g) public art [F1 which for the avoidance of doubt shall not include the use of paint on any highway structures and shall not be visible to drivers on the A63];

(h) CCTV.

(2) The underpass improvement works must be undertaken before the commencement of any of Works numbers 35, 36, 37, 38, 39, or 40 as set out within Schedule 1, and in accordance with the approved details, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to any variation.

Textual Amendments

F1 Words in Sch. 2 para. 17(1)(g) inserted (29.10.2020) by The A63 Castle Street Improvement Hull (Correction) Order 2020 (S.I. 2020/1184), arts. 1, 2(6)

Commencement Information

I17 Sch. 2 para. 17 in force at 18.6.2020, see art. 1