The A12 Chelmsford to A120 Widening Development Consent Order 2024

Interpretation

1.  In this Schedule—

“approving authority” means the Secretary of State or, as the case may be, the local highway authority;

“begin” means begin to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development;

“commence” in relation to any part of the authorised development referred to in the provisions of this Schedule means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act) in respect of that part of the authorised development other than operations consisting of pre-commencement works, and “commencement” is to be construed accordingly;

“contaminated land” has the same meaning as that given in section 78A(2)(1) (preliminary) of the Environmental Protection Act 1990;

“County Archaeologist” means the individual appointed as such by the relevant planning authority;

“design principles” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the design principles for the purposes of this Order;

“DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(2);

“First Iteration EMP” means the document of that description listed in Schedule 10 (documents to be certified), being the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage and certified by the Secretary of State as the First Iteration Environmental Management Plan for the purposes of this Order, which includes an outline plan for the following—

(a)

archaeological management plan;

(b)

construction compound management plan;

(c)

contaminated land management plan;

(d)

dust management plan;

(e)

emergency procedures and record of any environmental incidents;

(f)

energy and resource use management plan;

(g)

haul road management plan;

(h)

invasive species management plan;

(i)

landscape and ecology management plan;

(j)

materials management plan;

(k)

noise and vibration management plan;

(l)

site waste management plan;

(m)

soil handling management plan; and

(n)

water management plan;

“outline construction traffic management plan” means the document of that description listed in Schedule 12 certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;

“pre-commencement plan” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the pre-commencement plan for the purposes of this Order;

“pre-commencement works” means—

(a)

archaeological investigations and mitigation works;

(b)

ecological surveys and mitigation works;

(c)

investigations for the purpose of assessing ground conditions;

(d)

remedial work in respect of any contamination or other adverse ground conditions;

(e)

erection of any temporary means of enclosure;

(f)

receipt and erection of construction plant and equipment;

(g)

treatment and removal of any invasive species;

(h)

construction compound establishment works;

(i)

site clearance works;

(j)

temporary haul roads, temporary hard standing and temporary access works;

(k)

installation of temporary drainage;

(l)

engineering surveys; and

(m)

temporary display of site notices or advertisements.

“protected species” means species which are subject to protection under the laws of England or which are European protected species;

“Second Iteration EMP” means the second iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the construction phase of the authorised development substantially in accordance with the First Iteration EMP;

“Third Iteration EMP” means the third iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the operational and maintenance phase of the authorised development substantially in accordance with the First Iteration EMP; and

“Traffic Signs Manual” means the Traffic Signs Manual published by the Department for Transport, which contains guidance to traffic authorities on the use of traffic signs and road markings on the highway network, or any equivalent replacement to be published.

(1)

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

(2)

S.I. 2017/1012.