Article 4
1. In this Schedule—
“CEMP” means the Construction Environmental Management Plan to be submitted to and approved by the relevant planning authority, a draft of which is included in Appendix 6, Volume 2 (Folder 2) of the Environmental Statement; and
“Staffordshire Alliance” means the alliance formed by Network Rail with its contractors to progress and implement the works authorised by this Order.
2. The authorised development must be carried out in accordance with the design drawings subject to such non-material amendments as are approved in writing by the relevant planning authority; provided that such approval is not given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.
3.—(1) The authorised development must not be commenced until the following aspects of the CEMP have been submitted to and approved by the relevant planning authority.
(2) The CEMP must incorporate the findings and recommendations of the Environmental Statement and the design brief.
(3) The authorised development must be carried out in accordance with the CEMP.
(4) The CEMP must incorporate the following plans and programmes—
(a)External Communications Management Plan—
(i)External communications programme;
(ii)External complaints procedure;
(b)Pollution Incident Prevention and Control Plan—
(i)Identification of potential pollution source, pathway and receptors;
(ii)Control measures to prevent pollution release to water, ground and air (including detail of the surface/ground water management plan);
(iii)Control measures for encountering potential contaminated land;
(iv)Monitoring regime;
(v)Emergency environmental incident response plan;
(vi)Incident investigation and reporting;
(vii)Review/change management and stakeholder consultation;
(c)Site Waste Management Plan—
(i)Management of excavated material and other waste arising;
(ii)Waste minimisation;
(iii)Material re-use;
(d)Materials Management Plan—
(i)Material classification;
(ii)On site re-use criteria and measures;
(iii)Hazardous waste management;
(iv)Disposal measures;
(e)Traffic Management Plan—
(i)Roles and responsibilities;
(ii)Permitted and banned construction traffic routes and the mechanisms to be put in place by Network Rail and its contractors to enforce their compliance;
(iii)Procedures for working on the highway;
(iv)Road signage plans;
(v)Monitoring and reporting measures;
(vi)Access strategy and traffic management at the access off the roadside lay-by (off the B5026 between the roundabout and Stone);
(vii)The interfaces between the haul road and public highway (the crossing points at Searchlight Lane and the B5026);
(f)Travel Plan—
(i)Measures to manage contractor travel to the site compounds such as on-site or remote car parking management, car sharing, works shuttle bus etc.;
(ii)Mechanisms for reviewing and monitoring;
(g)Nuisance Management Plan (Noise, Vibration, Dust, Air Pollution and Lighting)—
(i)Roles and responsibilities;
(ii)Specific risk assessment – identification of sensitive receptors and predicted impacts;
(iii)Standards and codes of practice;
(iv)Specific control and mitigation measures;
(v)Details of any section 61 consent;
(vi)Monitoring regime – dust and noise;
(vii)Review/change management and stakeholder consultation;
(viii)Notification of working hours;
(h)Landscape and Ecology Management Plan (“LEMP”)—
(i)Roles and responsibilities;
(ii)Protection controls for retained landscape features, habitats and species;
(iii)Controls for protection of Doxey and Tillington Marshes SSSI;
(iv)Detailed mitigation for Meece Brook and Yelds Rough SBI;
(v)Detailed plans and specifications for ecological and landscape mitigation;
(vi)5 year establishment, maintenance and monitoring plans for planting, ecology and geomorphology;
(vii)Aftercare and maintenance plans for habitats on Network Rail land (post 5 years);
(viii)Aftercare and maintenance guidelines for habitats on Staffordshire County Council highways land (post 5 years);
(ix)Aftercare and maintenance guidelines for habitats on other land (post 5 years);
(x)Habitat and protected species monitoring plans (to include scope, methods and reporting mechanism);
(xi)Bat roost replacement plans;
(xii)Soil Management Plan interface strategy;
(xiii)Change control, review and consultation processes;
(xiv)Tree survey validation and tree protection plan in accordance with BS 5837: 2012 (trees in relation to design, demolition and construction);
(i)Archaeological management plan—
(i)Roles and responsibilities;
(ii)Review/change management and stakeholder consultation protocols;
(iii)Procedures for dealing with unexpected significant archaeological discoveries;
(iv)Programme of archaeological mitigation;
(v)Post excavation reporting and archiving;
(j)Soil Management Plan—
(i)Soil resource survey;
(ii)Soil resource plan – including protection of in situ soils, handling and storage codes of practice;
(iii)On site re-use criteria and measures;
(iv)Hazardous waste management;
(v)Strategy for interface with LEMP.
(5) The CEMP must require—
(a)adherence to the relevant Environment Agency Pollution Prevention Guidelines PPG1, PPG5, PPG6, PPG21 and PPG22; and
(b)adherence to working hours of 7am to 7pm on Mondays to Fridays and 7am to 1pm on Saturdays except that:
(i)work on or adjacent to the operational railway may be carried out at other times if it would otherwise interfere with the operation of the railway; and
(ii)work may be carried out on Sundays, Bank Holidays and Public Holidays and after 1pm on Saturdays after prior notification to the relevant planning authority and affected residents in accordance with a notification procedure agreed by the relevant planning authority.
4.—(1) No authorised development may commence in any geographical area, those areas to be identified on a plan previously submitted to the relevant planning authority, unless and until a written landscaping and habitat replacement scheme for that area has been submitted to and approved by the relevant planning authority.
(2) The submitted scheme must incorporate—
(a)the mitigation measures described in section 8 (Mitigation) of Technical Appendix Report 8 (Landscape and Visual Technical Report) to Volume 3 of the Environmental Statement and in the design brief; and
(b)details of—
(i)location, number, species, size, planting density and planting method and protection of any proposed planting;
(ii)cultivation, other amelioration where appropriate, importing of materials and other operations to ensure plant establishment;
(iii)implementation timetables for all landscaping and habitat replacement;
(iv)temporary fencing that complies with best practice to protect trees and hedgerows adjacent to the works; and
(v)a 5 year aftercare programme including weed control and pruning, if required, to promote establishment and timely rectification of defects.
5.—(1) All landscaping and habitat replacement work must be carried out in accordance with the scheme and implementation timetable approved under requirement 4.
(2) Any tree or shrub or other habitat replacement planted as part of an approved landscaping and habitat replacement scheme or ecological management plan 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, or has failed to become established, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the relevant planning authority gives consent to any variation.
6. Prior to and during the carrying out of any highway work and during any defects period applicable to that work, Network Rail must afford the highway authority the opportunity to inspect, monitor, survey, and comment upon the carrying out of the work and the remedying of any defects resulting from the work and to approve the standard to which such work (including the remedying of any defects) is carried out, by—
(a)using the quality processes of the Staffordshire Alliance, as agreed from time to time by Network Rail, including inspection and test plans for all elements of the works under which the highway authority is to be an inspection authority;
(b)providing shared working facilities, including access to welfare and office facilities, for the highway authority at the Chebsey Lane works compound and the B5026/Meece Road works compound;
(c)giving the highway authority access to the documents in the Staffordshire Alliance’s electronic document management system that relate to the highway works authorised by this Order; and
(d)allowing the highway authority such access to any highway work as it may reasonably require.
7. Network Rail must carry out stage 2, 3 and 4 road safety audits of the highway works authorised by this Order in accordance with the Standard HD 19/03 of the Department for Transport’s Design Manual for Roads and Bridges or in accordance with any standard that supersedes that Standard and must remedy to the reasonable satisfaction of the highway authority any defects identified in any such road safety audits.
8. No alteration, reconstruction or replacement of a building or bridge is to be carried out under article 5 (maintenance of authorised development) except in accordance with plans and specifications approved by the relevant planning authority.
9. With respect to any requirement which requires the authorised development to be carried out in accordance with details approved by the relevant planning authority, the approved details are taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.