The National Grid (Hinkley Point C Connection Project) Order 2016

Article 3

SCHEDULE 3 REQUIREMENTS

Interpretation

1.—(1) In this Schedule unless the context requires otherwise—

“advance planting” means the installation and maintenance of embedded landscape or replacement planting as soon as practicable after the Order has been made, unless otherwise specified timescales apply as set out in the Requirements, to achieve screening for construction activities or to expedite its function for mitigation and enhancement in sensitive areas;

“Archaeological Method Statements” means the detailed method statements prepared in accordance with the measures set out in the Archaeological Written Scheme of Investigation;

“commence” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (when development begins), comprised in or carried out for the purposes of the authorised development, but does not include any engineering investigation, environmental (including archaeological) investigation and monitoring, site or soil survey, environmental mitigation measures, erection of temporary amphibian fencing, erection of stock fencing to site boundaries or demarcation fencing marking out site boundaries;

“Design Approach to Site Specific Infrastructure” means Document 8.32 and is applicable to all site specific infrastructure;

“Drainage Management Plan” means a plan prepared in accordance with Requirement 17 (surface water drainage) and the principles set out in sections 3.4 and 3.5 of the CEMP;

“Emergency Response Plan for Flood Events” means the plan detailing emergency procedures in the event of a flood as outlined in section 3.5 of the CEMP;

“exceptional circumstances” means an event that causes a delay to the transit of an HGV caused by—

(a)

an incident that disrupts the normal operation of the highway network or results in the closure of the highway network;

(b)

a breakdown of a HGV en-route to the authorised development;

(c)

inclement weather that disrupts the normal operation of the highway network; or

(d)

activities reasonably required for emergency purposes to include a health and safety incident and emergency flood protection works;

“HGV” means any vehicle exceeding a maximum gross weight of 7.5 tonnes gross required for the construction of the authorised development but excluding any vehicles transporting abnormal indivisible loads;

“Joint Councils” means Bristol City Council, North Somerset Council, Sedgemoor District Council, Somerset County Council, South Gloucester Council and West Somerset Council acting together.

“LGV” means a car, van, 4 x 4 pick up, 4 x 4 transit van or welfare van as set out in Table 2.1 of the Construction Traffic Management Plan;

“Lighting Scheme” means the scheme prepared in accordance with Requirement 8 (control of artificial light emissions) and in accordance with section 2.6 of the CEMP;

“Pollution Incident Control Plan” means the plan detailing remedial measures in the event of an incident and in accordance with section 1.13 of the CEMP;

“Project Environmental Management Plan” means the plan detailing environmental mitigation measures to be implemented during each stage of the construction of the authorised development and in accordance with the CEMP;

“relevant drainage authority” means, in any given Requirement, the relevant drainage authority for the area to which the Requirement relates;

“Riverview Farm Traffic Management Plan” means a plan for the provision of construction mitigation measures at Riverview Farm, Factory Lane, Bason Bridge, TA9 4RN;

“Site Waste Management Plan” means the detailed plan for the collection, segregation, treatment and disposal of waste prepared in accordance with the measures set out in the Waste Management Plan;

“Soil Management Plan” means the plan prepared in accordance with section 3.3.13 of the CEMP describing how works must be undertaken to minimise effects on the nature and quality of soil; and

“stage” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to Requirement 4.

“Tree and Hedgerow Protection Strategy” means the strategy prepared in accordance with Requirement 12 (retention and protection of existing trees and hedgerows).

(2) Where an approval is required under the terms of any Requirement or a document referred to in a Requirement, or any Requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant highway authority or the relevant planning authority such approval or agreement may only be given in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the relevant highway authority or the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

(3) Where any Requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant highway authority or by the relevant planning authority, the approved details are to be taken to include any amendments that may subsequently be approved in writing by the relevant highway authority or by the relevant planning authority.

Time limits

2.  The authorised development must be commenced within 8 years of the date of this Order.

Design drawings

3.—(1) The authorised development must be carried out in general accordance with the design drawings.

(2) The authorised development will not be in general accordance with the design drawings to the extent that any departure from the design drawings gives rise to any materially new or different environmental effects from those assessed in the Environmental Statement.

Stages of authorised development

4.—(1) The authorised development may not commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) Written notice of the commencement and completion of each stage of the authorised development and the operational use of that part of the authorised development must be given to the relevant planning authority within ten business days of the relevant event occurring.

Construction Environmental Management Plan

5.—(1) All construction works for the authorised development and mitigation works to minimise the impacts of construction must be carried out in accordance with the CEMP, unless otherwise agreed with the relevant planning authority and the relevant highway authority as may be appropriate to the relevant plan, scheme or strategy concerned.

(2) The CEMP, which specifies measures to be used to minimise the impacts of construction works, incorporates the following plans, scheme and strategy—

(a) Waste Management Plan;

(b) Biodiversity Mitigation Strategy;

(c) Archaeological Written Scheme of Investigation;

(d) Construction Traffic Management Plan;

(e) Public Rights of Way Management Plan; and

(f) Noise and Vibration Management Plan.

(3) Any works carried out pursuant to the plans, scheme and strategy referred to sub-paragraph (2) must be carried out in accordance with the approved plan, scheme or strategy unless otherwise agreed with the relevant planning authority.

(4) The plans, scheme and strategy referred to in sub-paragraph (2) must be implemented as approved unless otherwise agreed with the relevant planning authority and the relevant highway authority as may be appropriate to the relevant plan, scheme or strategy concerned.

Approval and implementation of construction mitigation plans

6.—(1) No stage of the authorised development may commence until, for that stage, the following plans, scheme to and method statementsminimise the impacts of construction works have been submitted to and approved by the relevant planning authority—

(a) Soil Management Plan;

(b) Drainage Management Plan;

(c) Pollution Incident Control Plan;

(d) Project Environmental Management Plan;

(e) Lighting Scheme;

(f) Emergency Response Plan for Flood Events;

(g) Site Waste Management Plan;

(h) Archaeological Method Statements;

(i) Tree and Hedgerow Protection Strategy; and

(j) Riverview Farm Traffic Management Plan which must include, but not be limited to, mechanisms for the provision and implementation of the following matters

(i) a speed limit of 5 mph at Riverview Farm—

(ii) a manned escort walking in front of construction vehicles to reduce their speed to walking pace past Riverview Farm;

(iii) gated/manned control entrance system at Riverview Farm;

(iv) upgrade (to include resurfacing with black-top) of Factory Lane/Hackmead Lane junction and private track towards Riverview Farm;

(v) installation of traffic light system for a stretch of approximately 200m between Hack Mead Lane junction and barns on the private track towards Riverview Farm;

(vi) widening of private track towards Riverview Farm to provide holding bay for waiting HGVs;

(vii) installation of wheel cleansing facilities at black-top/stone haul road interchange; and

(k) Plan Showing Proposed Safety Improvements at the junction of Factory Lane with Church Road (B3141).

(2) The construction works for each stage of the authorised development and mitigation works to minimise the impact of construction must be carried out in accordance with the approved plans, scheme and method statements referred to in sub-paragraph (1), unless otherwise agreed with the relevant planning authority.

Construction hours

7.—(1) Subject to sub-paragraphs (2) to (4) construction work must take place only between 0700 and 1900 Mondays to Fridays and between 0800 and 1700 on Saturdays and Sundays (the “core working hours”).

(2) Piling operations must take place only between 0800 and 1700 hours Mondays to Fridays and 0900 to 1400 on Saturdays.

(3) Working on a consecutive Saturday and Sunday may take place only on two out of any four consecutive weekends in each relevant local authority area.

(4) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—

(a) the jointing of underground cables with the exception of cable cutting which will take place only during core working hours;

(b) the installation and removal of conductors, pilot wires and associated protective netting across highways, railway lines or watercourses;

(c) the completion of operations commenced during the core working hours which cannot safely be stopped;

(d) any highway works requested by the relevant highway authority to be undertaken on a Saturday or a Sunday or outside the core working hours;

(e) oil processing of transformers or reactors in substation sites;

(f) the testing or commissioning of any electrical plant installed as part of the authorised development; and

(g) the completion of works delayed or held up by severe weather conditions which disrupted or interrupted normal construction activities.

Control of artificial light emissions

8.—(1) No stage of the authorised development must commence until written details of any temporary or permanent external lighting to be installed during that stage, including measures to prevent light spillage, have been submitted to and approved by the relevant planning authority.

(2) The written details referred to in sub-paragraph (1) must incorporate the mitigation measures in relation to lighting set out in the Biodiversity Mitigation Strategy.

(3) All temporary external lighting must be installed in accordance with the written details referred to in sub-paragraph (1) and maintained during the construction of the relevant stage of the authorised development.

(4) Any temporary external lighting must be removed on completion of the relevant stage of the authorised development.

(5) All permanent external lighting must be installed in accordance with the details approved under sub-paragraph (1).

Provision of embedded landscape mitigation and landscaping schemes

9.—(1) The landscaping works (Environmental Statement Document 5.7) (“landscaping sceme”) for—

(a) Bridgwater Tee Cable Sealing End Compounds (Environmental Statement Document 5.7.3.14A, Figures 7.32.1 to 7.32.4);

(b) South of Mendip Hills Cable Sealing End Compound (Environmental Statement Document 5.7.3.14A, Figures 7.33.1 to 7.33.5);

(c) Sandford Substation (Environmental Statement Document 5.7.3.14A, Figures 7.35.1 to 7.35.6); and

(d) Towerhead Brook Bridge (Environmental Statement Document 5.7.3.14A, Figure 7.36.1)

must be submitted to the relevant planning authority.

(2) a landscaping scheme mentioned in paragraph (a) must be carried out in accordance with the relevant plans and documents listed above and the specification set out at Environmental Statement Document 5.7.2 Appendix 7K (NBS Landscape Specification), with a fifteen-year maintenance period, and as approved by the relevant planning authority, unless otherwise agreed with the relevant planning authority.

Replacement planting

10.—(1) Unless otherwise agreed with the relevant planning authority, no stage of the authorised development may commence until, for that stage, a scheme for the planting of trees, groups of trees, woodlands and hedgerows and blocks of woodland and scrub to replace those to be removed during that stage that accords with Section 9 of the Arboricultural Impact Assessment Report (Document 5.21.1B) has been submitted to and approved by the relevant planning authority.

(2) The planting scheme submitted under sub-paragraph (1) must include details of—

(a) the location and a schedule of plants noting number, species, size and planting density of any proposed planting or seeding;

(b) cultivation, importing of materials, protection measures for planting and other operations to ensure plant and seed establishment;

(c) details of a five-year maintenance regime for areas other than bat flyways and details of an eight-year maintenance regime for the bat flyways;

(d) identify opportunities for early landscape and replacement planting after implementation of the authorised development and for temporary planting at construction compounds prior to implementation of the relevant stage;

(e) management plans for landowners which set out the maintenance activities for years one to five and years six to fifteen; and

(f) a scheme for the property Ashtrees in Mark in accordance with ‘Actions arising from DCO hearing 17 June – Note relating to planting at Ashtrees’, Doc 8.39.6, including a timetable for its implementation.

(3) Where overgrown hedgerows or lines or areas of trees are removed (and cannot be replaced with trees for operational reasons) the planting scheme submitted under sub-paragraph (1) must include in situ replacement planting with hedgerows, areas of hedgerow species or gapping up of existing hedgerows, as appropriate to the locality, at the following locations (Documents 5.21.3)—

(a) to the north and south of Woolavington Road (Environmental Statement Figures 21.2.7 and 21.2.7a);

(b) field boundary trees north of pylon LD8, south of Cripps Farm (Environmental Statement Figure 21.2.10a);

(c) roadside trees either side of Northwick Road, south of pylon LD20 (Environmental Statement Figure 21.2.13a);

(d) field boundary trees at Tarnock between pylon LD31 and LD33 (Environmental Statement Figures 21.2.16a and 21.2.16b);

(e) field boundary trees north of pylon LD46 (Environmental Statement Figure 21.2.27);

(f) tree lines to the north of pylon LD59 and LD63 at North End (Environmental Statement Figures 21.3.30a and 21.2.31b);

(g) field boundary trees between pylon LD75 and LD76 south of North Drove (Environmental Statement Figure 21.2.34);

(h) to the north and south of the junction of Cadbury Camp Lane and Whitehouse Lane (Environmental Statement Figures 21.2.37, 21.2.37a and 21.2.38);

(i) adjacent to pylon P-LD104 and smaller areas further west at Portbury Wharf (Environmental Statement Figure 21.3.3);

(j) on the proposed Storage Facility Site off Gloucester Road (Environmental Statement Figure 21.2.44);

(k) adjacent to the M49 motorway between pylon LD120 and the railway line north of LD124 and south of Moorhouse Farm and pylon G31R (Environmental Statement Figures 21.2.46 and 21.2.46a and Document 4.7.8B sheet 5 of 7); and

(l) across Hallen Marsh and along Ableton Lane and Minor’s Lane and public right of way ORN/27/10 (Environmental Statement Figures 21.2.47, 21.2.47a and 21.2.48).

Implementation of landscaping and replacement planting

11.—(1) All landscaping and replacement planting works referred to in Requirements 9(a), (b) and (d), Requirement 10 and Requirement 30(3) must be implemented at the earliest opportunity and no later than by the first available planting season after that part of the authorised development to which the landscaping or replacement planting works apply is first brought into operational use.

(2) All landscaping and replacement planting works referred to in Requirement 9(c) must be implemented in accordance with the timescale specified in Environmental Statement Figure 7.35.6 as updated by Document 8.18.2.1, Appendix 2.9.27.1, ‘Appendices to Applicant’s Responses to Examining Authority’s Second Round Written Questions Part 1’.

(3) Advance planting must take place at the South of the Mendip Hills Cable Sealing End Compound and the River Axe Cable Bridge option (if used) in accordance with Document 8.18.2.1, Appendix 2.9.27.1, or at a later date within the planting season specified or the next planting season.

(4) Advance planting must take place at the property Ashtrees in Mark in accordance with the scheme approved under Requirement 10(2)(f).

(5) All landscaping and replacement works referred to in Requirements 9 and 10 must be carried out in accordance with specification set out at Document 5.7.2 Appendix 7K (NBS Landscape Specification) and the relevant landscaping scheme for that stage of the authorised development, and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard or other recognised codes of good practice.

(6) Any tree or shrub planted as part of an approved landscaping or replacement planting scheme that, within a period of fifteen years after planting for embedded landscape mitigation, eight years for bat flyway hedge planting, and five years for all other areas 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 otherwise approved by the relevant planning authority.

Retention and protection of existing trees and hedgerows

12.—(1) No stage of the authorised development may commence until, for that stage, a Tree and Hedgerow Protection Strategy (“THPS”) prepared in accordance with BS 5837:2012 (Trees in relation to design, demolition and construction) identifying the trees, groups of trees and hedgerows to be retained during that stage has been submitted to and approved by the relevant planning authority.

(2) The THPS referred to in sub-paragraph (1) must include—

(a) Tree Protection Plans detailing the alignment of temporary physical tree protection measures, in accordance with the details identified in Section 8 of the Arboricultural Impact Assessment report (Document 5.21.1B);

(b) a schedule of all proposed tree removal and pruning with annotated plans;

(c) a specification for temporary physical protection for trees and hedgerows; and

(d) details of an auditable system of compliance with the approved protection measures.

(3) The trees, groups of trees and hedgerows identified in the THPS referred to in sub-paragraph (1) must not be felled or otherwise removed in connection with the construction of the authorised development.

(4) The relevant stage of the authorised development must not commence until the approved protection measures referred to in sub-paragraph (1) are in place, and they must thereafter be maintained during the construction of the relevant stage of the authorised development.

Bird flight diverters

13.—(1) Bird flight diverters must be fitted to the 400kV overhead line in the vicinity of—

(a) the River Brue between pylons LD8 and LD11;

(b) the Huntspill River between pylons LD2 and LD5; and

(c) the King’s Sedgemoor Drain between pylons ZGA1 and ZGA3,

during its construction and must thereafter be retained, unless otherwise agreed by the relevant planning authority, after consultation with Natural England.

(2) Post construction bird collision monitoring of the 400kV overhead line must be undertaken in accordance with the requirements set out in Document 5.33.1 (for the area south of Mark).

(3) When the first of the following has occured—

(a) Commencement of enhancement works for waders and wildfowl have commenced across 9.5ha of land at Hallen Marsh (as measured by the total area of the wetland creation project which includes scrapes for wading birds or ponds for waterfowl and the surrounding land);

(b) The creation of at least 100m² of scrapes or ponds at Hallen Marsh,

National Grid must install large spiral bird diverters on the earth wire between pylons LD125 and LD129 at the next available outage. If the first of (a) or (b) is reached prior to or during the construction of the authorised development, the diverters must be installed during the construction of the overhead lines, or if after energisation of the lines, at the first available outage.

(4) Post construction bird collision monitoring of the 400kV overhead line between pylons P-LD95 and P-LD102A must be undertaken in accordance with a monitoring and mitigation scheme to be submitted to and approved by the local planning authority prior to this stage of the development being strung.

Bat mitigation measures

14.—(1) Bat mitigation measures, including measures for the creation of temporary and permanent bat flyways and foraging areas in the event that hedgerows or grasslands are removed in connection with any stage of the authorised development, must be provided in accordance with the details identified in the Biodiversity Mitigation Strategy, unless otherwise agreed with Natural England after consultation with the relevant planning authority.

(2) The measures referred to in sub-paragraph (1) must be maintained and managed for eight years.

Reinstatement schemes

15.—(1) Subject to sub-paragraph (2), any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the stage of authorised development for which it was required, or such further time as may be approved by the relevant planning authority.

(2) Any land within the Order limits required for the installation of the underground cables is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within twelve months of completion of installation of the cables in that land, or such further time as may be approved by the relevant planning authority.

(3) The requirement to reinstate the land to its former condition is subject to the provisions of article 29 (temporary use of land by National Grid) and article 30 (temporary use of land by WPD).

Fencing and other means of enclosure

16.—(1) No stage of the authorised development may commence until, for that stage, written details of all proposed temporary and permanent fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority.

(2) Any temporary fences, walls or other means of enclosure approved under sub-paragraph (1) must remain secure during the construction of the relevant stage of the authorised development in accordance with the written details approved under sub-paragraph (1) unless otherwise agreed with the relevant planning authority.

(3) Any temporary fencing must be removed on either completion of the relevant stage of the authorised development to which it relates or such other time as may be agreed with the relevant planning authority.

(4) Any temporary and permanent fences, walls or other means of enclosure must be installed in accordance with the details approved under sub-paragraph (1).

(5) The details referred to in sub-paragraph (1) must incorporate the mitigation measures in relation to bat flyways set out in the Biodiversity Mitigation Strategy.

(6) The details referred to in sub-paragraph (1) do not apply to temporary amphibian fencing, stock fencing or demarcation fencing.

Surface water drainage

17.—(1) No stage of the authorised development may commence until, for that stage, the Drainage Management Plan) containing written details of the surface and foul water drainage system (including means of pollution control) for both permanent and temporary works have been submitted to and approved by the relevant planning authority after consultation with the sewerage undertaker, the relevant drainage authority and the Environment Agency.

(2) Any temporary surface or foul water drainage system must be constructed in accordance with the approved details and remain during the construction of the relevant stage of the authorised development.

(3) Any permanent surface or foul water drainage system must be constructed in accordance with the details approved under sub-paragraph (1).

Contaminated land and groundwater

18.—(1) No stage of the authorised development may commence until a written scheme applicable to that stage to deal with the ground conditions, including contamination of any land or groundwater within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(2) The scheme must accord with the approach set out in the Environmental Statement Document 5.9.1, Chapter 9, and must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

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

(4) In this requirement, “controlled waters” has the same meaning as in Part 3 of the Water Resources Act 1991(1).

Inspection of temporary watercourses

19.—(1) No stage of the authorised development may commence until a written scheme for the inspection and clearance of debris from any temporary watercourse required in connection with that stage has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and the relevant drainage authority.

(2) The approved scheme must be implemented for each temporary watercourse during the construction of that stage of the authorised development until such time as the temporary watercourse has been removed.

Removal of temporary bridges and culverts

20.—(1) Within two months of completion of the construction of any specific stage of the authorised development, a watercourse protection plan for the protection of watercourses during the removal of temporary bridges and culverts must be submitted for approval by the relevant planning authority.

(2) Any temporary bridge or culvert required in connection with any stage of the authorised development must be removed within twelve months of completion of the construction of that stage of authorised development for which is was required, in accordance with the approved watercourse protection plan; or such further time as may be approved by the relevant planning authority, in consultation with the Environment Agency or the relevant drainage authority as appropriate.

Accumulation and deposits

21.—(1) No stage of the authorised development may commence until a written scheme for the management of any accumulations and deposits arising from the construction of that stage has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and the relevant drainage authority.

(2) The approved scheme for the management of accumulations and deposits must be implemented before and maintained during the construction of the stage of the authorised development to which it relates.

Highway works

22.—(1) No work to construct or alter any permanent or temporary means of access to a highway to be used by vehicular traffic must commence until written details of the design and layout of that means of access has been submitted to and approved by the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the details approved under sub-paragraph (1).

(3) The undertaker must—

(a) carry out stage 2, 3 and 4 road safety audits of the highway works authorised by this Order in accordance with Standard HD 19/15 of the Department for Transport’s Design Manual for Roads and Bridges or in accordance with any standard that supersedes that Standard,

(b) remedy to the reasonable satisfaction of the relevant highway authority any defects identified in any such road safety audits, and

(c) must implement recommendations arising from the road safety audit reports,

unless otherwise agreed with the relevant highway authority.

HGV traffic

23.—(1) Except in exceptional circumstances, HGV movements associated with the authorised development must not be permitted between 0800–0900 and 1700–1800 at the following highway junctions—

(a) A39/Puriton Hill;

(b) A39 Puriton Hill/Bath Road;

(c) A39 Bath Road/Woolavington Hill;

(d) A38 Bristol Road/Harp Road;

(e) Dunball Roundabout;

(f) A38 Bristol Road/The Drove;

(g) A38 Bristol Road/Wylds Road;

(h) Wylds Road/The Drove;

(i) Central Way/Southern Way;

(j) Northern Way/B3133 Tickeham Road;

(k) Clevedon Road/B3128 Tickenham Hill; and

(l) A403 St Andrew’s Way/Kings Weston Way.

(2) The restrictions do not apply to the movement of HGVs on the strategic or local road network other than at the junctions referred to in sub-paragraph (1) or in relation to abnormal indivisible loads.

Scheme of marking

24.—(1) No stage of the authorised development must commence until a scheme of marking for HGVs and LGVs to identify vehicles engaged on work in the authorised development has been submitted to and approved by the relevant highway authority, after consultation with the relevant planning authority.

(2) The authorised development must be carried out in accordance with the approved scheme of marking.

Highway signage plans

25.—(1) No stage of the authorised development must commence until plans for highway signage for that stage have been submitted to and approved by the relevant highway authority.

(2) The approved signage must be installed before, and maintained during, the construction of the part of the authorised development to which it relates.

(3) Unless otherwise agreed with the relevant highway authority, no signage must be installed other than in accordance with the plans referred to in sub-paragraph (1).

Traffic Incident Management Plan

26.—(1) No stage of the authorised development must commence until a Traffic Incident Management Plan has been submitted to and approved by the relevant highway authority.

(2) The Traffic Incident Management Plan must set out measures to be taken in the event that either—

(a) any part of the strategic or local road networks in the vicinity of the authorised development is temporarily closed; or

(b) traffic from an incident elsewhere is diverted along one of the proposed construction routes for the authorised development.

(3) In the event of a traffic incident as referred to in sub-paragraph (2) during the construction works, the approved measures in the Traffic Incident Management Plan must be implemented.

Travel Plan

27.—(1) Prior to the commencement of development, a Travel Plan must be submitted to the relevant highway authority for approval in writing.

(2) The measures specified in the Travel Plan must include those set out in the Environmental Statement Construction Environmental Management Plan Appendix 4 - Construction Traffic Management Plan (Document 5.26.5C).

(3) The approved plan must be implemented from the commencement of the construction period and in full for the duration of the construction stage of the development

Seabank substation flood defences

28.—(1) Works on the Seabank 400kV substation must not commence until written details and plans of the flood defence wall at the substation, including a timetable for implementation, have been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(2) The flood defence wall must be constructed in accordance with the approved details and timetable referred to in sub-paragraph (1).

Control of operational noise at Sandford substation

29.—(1) The rating level of noise emitted from the Sandford substation site during its operation must not exceed 30dB(A).

(2) The noise level referred to in sub-paragraph (1) must be determined at the nearest residential premises.

(3) The measurements and assessment of the noise levels referred to in sub-paragraph (1) must be made according to BS 4142:1997.

River Axe crossing

30.—(1) The installation of the cables crossing the River Axe may not commence until a written description of the method for crossing the watercourse (confirming which of the alternatives described in Work No. 2B is to be used) has been submitted and approved by to the relevant planning authority.

(2) The works must be carried out in accordance with the method referred to in sub-paragraph (1) unless otherwise approved by the relevant planning authority after consultation with the Environment Agency.

(3) In the event that the cables crossing the River Axe are to be via a bridge, unless otherwise agreed with the relevant planning authority, the River Axe Cable Bridge Option landscaping works (Environmental Statement Document 5.7.3.14A and Figure 7.34.1) must be implemented at the earliest opportunity and no later than the first available planting season following the construction of the bridge and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standard or other recognised codes of good practice.

Residential amenity: information dissemination and complaints handling

31.—(1) The authorised development must not commence until a written scheme for the provision of information to local residents and occupiers about the works and for the handling of complaints has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) The information to be disseminated must include general provision of information in relation to the phasing and carrying out of construction works for the authorised development and specifically in relation to activities on-site that may lead to nuisance.

(3) The scheme must include a complaints procedure (including but not limited to complaints relating to noise, dust, vibration, pollution and construction traffic) setting out—

(a) how and to whom complaints can be made;

(b) a reasonable timeframe for responding to complaints;

(c) the potential remedies available to address complaints; and

(d) who to contact in the event that the complainant is not satisfied with the outcome of the complaints procedure.

(4) The approved scheme must be implemented as approved throughout the construction of the authorised development, unless otherwise approved by the relevant planning authority.

Approval of external appearances etc. of permanent structures

32.—(1) Any permanent buildings at—

(a) Sandford Substation;

(b) Bridgewater Tee cable sealing end compound;

(c) South of Mendip Hills cable sealing end compound; and

(d) Seabank Substation,

must not be constructed until details of their design, external appearance, colour and surface finish have been submitted to and approved by the relevant planning authority.

(2) Any permanent bridges at—

(a) Towerhead Brook; and

(b) the River Axe,

must not be constructed until details of their design, external appearance, colour and surface finish have been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency.

(3) Any works to construct the buildings and bridges referred to in this Requirement must be completed in accordance with details approved under sub-paragraphs (1) and (2).

Clearance over main rivers

33.  No part of any 400kV overhead electric line may be installed or maintained directly above any main river at a height of less than 10.9 metres above the top level of the bank of that river.

Decommissioning

34.—(1) In the event that, at some future date, the authorised development, or any part of it, is to be decommissioned, a written scheme of decommissioning must be submitted for approval by the relevant planning authority at least six months prior to any decommissioning works.

(2) The approved scheme must be implemented as approved, unless otherwise approved by the relevant planning authority.

(3) This Requirement does not apply to the authorised development and associated development described in Schedule 1 (authorised development) for the dismantling and removal of existing infrastructure or apparatus.

Removal of WPD Works

35.  Any existing WPD infrastructure to be removed as part of the WPD Works must be removed at the earliest opportunity and no later than 12 months after that part of the authorised development to which that part of the WPD Works apply is first brought into operational use.

Colour of T-pylons

36.  All T-pylons must be painted Agate Grey (RAL 7038) in a low reflectivity finish unless a different colour or surface finish is otherwise agreed with the relevant planning authority.

Construction compounds

37.  The construction compounds shown cross hatched and identified as site compounds on the Works Plans must be constructed in the situations shown on those plans, unless otherwise approved by the relevant planning authority.

Design Approach to Site Specific Infrastructure

38.  In relation to Requirements 8 (control of artificial light emissions), 9 (provision of embedded landscape mitigation), 10 (replacement planting), 16 (fencing and other means of enclosure), 22 (highway works), 30 (River Axe crossing) and 32 (approval of external appearances etc. of permanent structures), any detail, method or scheme to be submitted to and approved by the relevant planning authority must be produced having regard to the Design Approach to Site Specific Infrastructure, unless otherwise agreed by the relevant planning authority.

Overhead line conductors

39.—(1) Before the commencement of construction works, details of the overhead line conductors and the Quality Assurance systems to be used for transportation and implementation must be submitted to and approved in writing by the relevant planning authorities.

(2) The authorised development must be carried out in accordance with the approved details.

Assessment of noise impacts

40.—(1) No stage of the authorised development must commence

(a) until an assessment of the noise impacts of those construction works has been carried out for that stage of all the relevant residential properties lying within maximum threshold distances for main construction activities and listed in Environmental Statement Document 5.14 Appendix 14A Tables 2, 3 and 4; and

(b) a scheme to mitigate any impacts has been submitted to and approved by the relevant planning authority.

(2) Any works of mitigation must be carried out in accordance with the scheme before the start of construction works for that stage of the authorised development.

Assessment of vibration impacts

41.  None of the following operations is to be carried out until full vibration impact assessments have been carried out, and a scheme to mitigate any impacts has been submitted to and approved by the relevant planning authority and any works of mitigation required by the scheme have been implemented for any private residential property lying within the limits set out in this Requirement for that operation—

(a) Driven (sheet or column) piling operation within 50m of a private residential property;

(b) Vibratory compaction of haul road/bellmouth within 20m of a private residential property;

(c) Cable trenching within 15m of a private residential property;

(d) Horizontal directional drilling within 25m of a private residential property;

(e) Breaking out of 132kV pylon foundation within 35m of a private residential property.

St Anthony’s Park travellers’ site

42.  No construction activities may be carried out at St Anthony’s Park travellers’ site on the above ground area shown hatched grey on the St Anthony’s Park Enhanced Mitigation Plan drawing no. MMD-322-069-C-SK-GRoute-XX-0001

Site Specific Mitigation Scheme

43.—(1) No stage of the authorised development that affects the sites listed below may commence until a site specific mitigation scheme to mitigate all the impacts of construction activities, including noise, dust, vibration, and visual effects, has been submitted to and approved in writing by the relevant local planning authority. The sites are—

(a) Sunnydene, Northwick Road, Mark, Highbridge, TA9 4PG;

(b) Moorland Park Hewish, Congresbury, BS24 6RQ;

(c) Merriedown, Old Lane, Tickenham, Clevedon, BS21 6RZ;

(d) Spindlewood, Cadbury Camp Lane, Clapton-in-Gordano, BS20 7SA;

(e) Paragon Vehicle Services Limited’s Paint Shop on BPC land at Royal Portbury Wharf, Mainsite South, Royal Portbury Dock Road, Portbury, Bristol, BS20 7XJ;

(f) St Anthony’s Park, Kings Weston Lane, Avonmouth, BS11 8AZ;

(2) The construction works for the relevant stage of the authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1) above.

Bat Special Areas of Conservation

44.  No works may commence until agreement has been secured under section 106 of the 1990 Act between the National Grid and the Joint Councils to cover payment for a monitoring service to cover—

(a) installation, use of and maintenance of temporary bat flyways;

(b) phasing of hedgerow removal and reinstatement works within the cable installation area through any Area of Outstanding Natural Beauty;

(c) maintaining bat foraging habitats in accordance with the Habitat Evaluation Procedure and associated calculations, including seeding of topsoil and subsoil piles;

(d) installation of and eight years’ maintenance of the reinstated permanent bat flyways (hedgerows) from the date of installation;

(e) installation of and maintenance of relevant plantings at Sandford substation, South of the Mendip Hills CSE compound, River Axe Cable Bridge option and Towerhead Brook Bridge of at least eight years from the date of installation; and,

(f) fencing installation and eight years’ maintenance.

England Coast path

45.—(1) No works to—

(a) dismantle the existing overhead lines—

(i) between pylon VQ1 and VQ2, and

(ii) between pylon ZZ4 and ZZ5, and

(b) string the proposed new overhead lines—

(i) between pylon VQ3A and VQ3B, and

(ii) between pylon ZZ4 and ZZ5,

may commence until consent given by the Joint Councils in respect of the diversion of footpaths WL23/71 and WL23/61.

(2) The consent of the Joint Councils referred to in paragraph (1) must not be unreasonably withheld.

Avonmouth Sewage Treatment Works

46.—(1) No works for the underground cable may deviate from the route shown in Drawing No. 13/NG/0387/G/WP(B)/PS/5, unless the consent for such deviation is given by Wessex Water Services Ltd.

(2) If consent to deviation mentioned in sub-paragraph (1) is withheld following a request by the undertaker, the undertaker may appeal to the Secretary of State, who may consent to the deviation if the Secretary of State considers that the consent requested had been withheld by Wessex Water Services Ltd unreasonably.

(1)

1991 c. 57.