The Hinkley Point C (Nuclear Generating Station) Order 2013

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.