The Hinkley Point Harbour Empowerment Order 2012

Article 18

SCHEDULE 1 PLANNING AND WORKS CONDITIONS

PART 1 Interpretation, Operation and Application of Conditions

1.  In this Schedule—

“alignment drawing”	means the drawing no. HP/SL 302 Revision A in the deposited plans and sections showing the indicative alignments of the silos and the sand shed;
“commencement”	means in relation to the construction of the development, the carrying out of a material operation and cognate terms shall be construed accordingly;
“development consent order”	means an order granting development consent under section 114 of the Planning Act 2008(1);
“the HEO land”	means the land, foreshore and seabed within the limits of deviation shown on the deposited plans and sections;
“hopper”	means a batching silo for the transfer of cement or similar materials from the storage silos to vehicles;
“the onshore area”	means that part of the HEO land above the level of low water;
“sand shed”	means the covered area for the storage of sand to be constructed as part of Work No. 4;
“silos”	means the silos to be constructed as part of Work No. 5;
“the site”	means so much of the HEO land as is above the level of high water;
“site preparation works”	means the development and works authorised by the site preparation works permission; and
“site preparation works permission”	means the planning permission granted on 27th January 2012 by the local planning authority (Council reference 3/32/10/037).

2.  An application or submission for an approval pursuant to a condition in Part 2 or 3 must be made in writing to the local planning authority and no approval shall be deemed to have been given unless given in writing.

3.  Unless the context otherwise requires the conditions in Part 2 apply to the construction, maintenance and use of the development except that the following conditions do not apply to the use of the development—

• condition 2 (Working hours);

• condition 3 (Delivery hours);

• condition 4 (On-site vehicular movements and maintenance – permitted hours);

• condition 7 (Noise and vibration: no amplified sound); and

• condition 9 (Noise and vibration: noise level).

PART 2 Construction, Maintenance and Use Conditions

Geology and land contamination: spoil mound remediation

1.  No construction of development must commence or be undertaken within any part of the Built Development Area East as shown on drawing number HP/MR/01 Rev A of planning permission reference 3/32/10/025 dated 13 January 2011 (granted by Somerset County Council) until—

(a) the remediation works in respect of that part of the Built Development Area East have been carried out pursuant to the planning permission reference 3/32/10/025 dated 13 January 2011 or the planning permission reference 3/32/11/038 dated 22 November 2011 (both granted by Somerset County Council); and

(b) the validation report has been submitted in writing to Somerset County Council and the written completion certificate in respect of the remediation works has been issued by Somerset County Council.

Working hours

2.  Construction and maintenance of the development (in so far as it is carried out on or accessed from the site) must not take place on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

Delivery hours

3.  No deliveries associated with the construction or maintenance of the development must arrive or be received at, or dispatched from, the site on Sundays or Bank Holidays or outside the hours of 07.00 to 18.00 Mondays to Fridays and 07.00 to 13.00 on Saturdays.

On-site vehicular movements and maintenance - permitted hours

4.  There must be no use or maintenance of any construction or demolition vehicles (which term shall not include vessels or barges) associated with the construction or maintenance of the development (including no starting of vehicle engines, no vehicle movements and no reversing alarms operated) on the onshore area on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

Landscape and visual: external storage of contractors’ materials

5.  Other than in the designated storage areas approved pursuant to condition 38 (construction method statement), there must be no external storage of any construction materials associated with the construction of the development on the onshore area during the construction of the development in excess of 4 metres in height above the ground level as existing at the time the materials are stored. Any such materials may only be stored in so far as is necessary for the purpose of constructing the development and the construction of the proposed new nuclear power station to be known as Hinkley Point C.

Landscape and visual and air quality: no burning of materials

6.  There must be no burning of waste, materials or refuse on the onshore area at any time during the construction, maintenance or use of the development.

Noise and vibration: no amplified sound

7.  No public address system must be used or amplified sound generated at any time within the onshore area.

Directional foghorn

8.  Prior to the installation of any foghorn associated with the construction, maintenance or use of the development, details of the foghorn must be submitted to, and approved in writing by, the local planning authority. The foghorn must not be installed, retained or operated unless in accordance with the details so approved.

Noise and vibration: noise level

9.—(1) The level of noise emitted during construction or maintenance of the development must not exceed the limits set out in the following table as determined at the nearest noise sensitive premises and monitoring of the noise levels during the construction or maintenance of the development must be carried out as part of the noise and vibration management plan submitted and approved pursuant to condition 11 (Noise and vibration: control of noise during construction, maintenance and use).

Assessment Period		BS5228
Days of Week	Time of Day	Category A-5 dB LAeq Hour
Mondays – Fridays	07.00-18.00	60
	*18.00-23.00	50
	*23.00-07.00	40
Saturdays	07.00-13.00	60
	*13.00-23.00	50
	*23.00-07.00	40
Sundays and Bank Holidays	*07.00-23.00	50
	*23.00-07.00	40

Notes: dB re: 20μPa. *Offshore construction work only.

• Where L_Aeq = the equivalent continuous A-weighted sound pressure level, being the single number that represents the total sound energy measured over that period.

(2) The above noise level restriction shall apply except for specific, short duration construction or demolition activities (to the extent only as permitted as described in the approved noise and vibration management plan) during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. Any such activities and duration of such activities must be notified to the local planning authority and local residents at least 48 hours before they commence and the duration of such activities and number of such activities during the construction and maintenance of the development shall be limited to those approved in writing by the local planning authority.

(3) In the event that the site preparation works permission is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in this condition relating to a time so specified shall cease to apply and the noise limit in the site preparation works permission relating to that time shall apply as a noise restriction applicable to both the site preparation works and the construction and maintenance of the development (unless the development consent order referred to below has been implemented).

(4) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in the above table relating to a time so specified shall cease to apply and the noise limit in the development consent order relating to that time shall apply as a noise restriction applicable to both the development authorised by the development consent order and the construction and maintenance of the development.

(5) Noise levels must be determined in accordance with the provisions of British Standard 7445.

Use noise limit

10.  The rating level of noise emitted from the use of the development must not exceed the background noise level by more than 5 dB at any time. The noise levels must be determined at any noise sensitive premises. The measurement and assessment must be made according to British Standard 4142:1997. In the event that a development consent order for a new nuclear generating station at Hinkley Point, which contains noise restrictions is implemented by the carrying out of a material operation, the noise limit specified in this paragraph shall cease to apply and the noise limit set out in the development consent order shall apply as a limitation applicable to both the development authorised by the development consent order and use of the development.

Noise and vibration: control of noise during construction, maintenance and use

11.  Before the commencement of the construction of the development, a noise and vibration management plan must be submitted to, and approved in writing by, the local planning authority which specifies the provision to be made for the control of noise and vibration arising from the construction, maintenance and use of the development. The plan must be implemented in accordance with the approved details.

Infill material

12.  Only uncontaminated rock, subsoil, brick rubble, crushed concrete and ceramic materials shall be permitted as infill material used within the development. All site-won fill materials must be used subject to the controls established within the materials management plan approved pursuant to condition 41 (Material management plan) in this Schedule and shall follow the protocols defined within “The Definition of Waste: Development Industry Code of Practice, Version 2, March 2011” published by Contaminated Land: Applications in Real Environments (CL:AIRE).

Landscape and visual: lighting

13.  Prior to the installation of any lighting in respect of the development details of any such lighting and its use must be submitted to, and approved in writing by, the local planning authority. Such details must be in general accordance with the Temporary Jetty Lighting Strategy (June 2011). Such lighting must be installed and operated in accordance with the approved details.

Construction programme for silos and sand shed

14.  Except for the construction of the foundations of the silos, the sand shed and any hopper, no part of the superstructure of the silos, the sand shed and any hopper must be constructed until after—

(a) 1 March 2013; and

(b) a bund has been constructed on the north west boundary of the site in accordance with Condition SP13 of the site preparation works permission or, if a development consent order for a new nuclear generating station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about bund construction, in accordance with the requirements of that order.

Alignment of the silos

15.  The silos must be constructed in the same northwest alignment as the sand shed and in general accordance with the alignment drawing.

Height and details of the sand shed and silos

16.  Prior to the construction of the sand shed, silos and any hopper, details of their height and external appearance must be submitted to, and approved in writing by, the local planning authority and the sand shed, silos and hopper must not be constructed otherwise than in accordance with the approved details. The height of the sand shed must not exceed 36 metres above ordnance datum. The height of the silos must not exceed 40 metres above ordnance datum.

Height of subsidiary works

17.—(1) Any works authorised by article 7 shall be subject to the following height restrictions-

(a) the height of any hopper situated within the land edged by a broken red line on the plan entitled “Land for Potential Siting of Hoppers” in the deposited plans and sections must not exceed 40 metres above ordnance datum;

(b) the height of any other work situated within the limits of deviation shown on sheet no. 5 for Work No. 4 must not exceed 28 metres above ordnance datum; and

(c) the height of any work situated within any other part of the onshore area must not exceed 8 metres above the ground level as existing at the time the work is constructed.

(2) The above height restrictions shall not apply to cranes or other moveable plant, stairways, scaffolding or other temporary access equipment or structures associated with the construction of the works authorised by article 7.

Storage of oils, fuels, concrete and chemicals

18.  Any facilities for the storage of oils, fuels, concrete or chemicals must be sited on an impervious base that must either be graded to drain to a sump or collector or surrounded by impervious walls to form a bunded compound. The volume of the bunded compound must be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund must be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must be designed to discharge into the bund. All works and facilities as referred to in this condition must be constructed and completed prior to the first use of the facilities and must thereafter be retained.

Restriction of aggregate washing

19.  No aggregate washing must take place on the onshore area in respect of materials used to support the construction of the works unless in accordance with a scheme to be submitted to, and approved in writing by, the local planning authority.

Ecological mitigation and monitoring plan

20.—(1) No construction of the development must commence until an ecological mitigation and monitoring plan has been submitted to, and approved in writing by, the local planning authority. The submitted details must reflect the survey results and ecological mitigation and enhancement measures included in the environmental statement and must include details of—

(a) works for plant community development based on the National Vegetation Classification across the grasslands, woodland and hedgerow habitats;

(b) the monitoring of invertebrates (butterflies and other indicator species);

(c) the scale and timing of habitat creation and enhancement works;

(d) the monitoring of bat activity;

(e) a scheme for the protection of badgers;

(f) undertaking bird counts in the immediate inter-tidal area of the HEO land; and

(g) a timetable for implementation.

(2) The ecological mitigation and monitoring plan must be implemented as approved.

Habitat management plan

21.—(1) No construction of the development must commence until a habitat management plan has been submitted to, and approved in writing by, the local planning authority. The submitted details must include all areas of habitats proposed to be retained or created and include information on proposals for the management and monitoring of retained features.

(2) The habitat management plan must be implemented as approved.

Ecological method statement

22.  All development must be constructed in accordance with the Site Preparation Works Ecological Method Statement (Appendix 2.5 of the Further Environmental Information (Part A) and Other Clarification Material (Part B); April 2011) submitted as part of the application for the site preparation works permission.

Ecology: tree and hedgerow protection

23.—(1) Prior to the commencement of the construction of the development, a plan must be submitted to, and approved in writing by, the local planning authority that identifies the existing trees and hedgerows (or sections of hedgerows) to be retained on the site together with the type of fencing to be used and arrangements to be made in accordance with British Standard 5837:2005 to protect the retained trees and hedgerows (or sections of hedgerows). The plan must be implemented in accordance with the approved details.

(2) No retained tree or hedgerow (or section of hedgerow) must be cut down, uprooted or destroyed, nor must any retained tree or hedgerow (or section of hedgerow) be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the local planning authority. Any topping or lopping approved must be carried out in accordance with British Standard 5837:2005.

(3) If any retained tree or hedgerow (or section of hedgerow) is removed, uprooted or destroyed or dies, another tree or replacement hedgerow (or section of hedgerow) must be planted at the same place and that tree or hedgerow (or section of hedgerow) must be of such size and species, and must be planted at such time, as may be specified in writing by the local planning authority.

Historic environment: recording of important hedgerows

24.  The recording of archaeological works relating to important hedgerows under the Hedgerow Regulations 1997(2) must be implemented in accordance with the relevant sections of the Written Scheme of Investigation for Archaeological Mitigation, Trenches through Green Lane and Historic Hedgerows (Annex 3 of Appendix 2.3 of the Further Environmental Information [Part A] and other Clarification Material [Part B]; April 2011), which was submitted as part of the application for the site preparation works permission. The results must be published in monograph form within ten years of commencement of the construction of the development.

Historic environment: monitoring of palaeontological remains

25.  No construction of the development must commence until details of a scheme to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset have been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented as approved.

Historic: scheduled monument management plan

26.—(1) No construction of the development must commence until a monument management plan for Wick Barrow (SM No. 28), also known as Pixies Mound, (as shown at figure 22.1 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority.

(2) The monument management plan must be implemented as approved.

Drainage: surface water and foul drainage works

27.—(1) No construction of the development must commence until details of the surface and foul water drainage system (including means of pollution control, details of water management zones and a programme of construction and implementation) have been submitted to, and approved in writing by, the local planning authority.

(2) Unless otherwise provided pursuant to the site preparation works permission or a development consent order for a new nuclear generating station at Hinkley Point, any fresh water discharge associated with the development must discharge to the existing Hinkley Point C drainage ditch at the location identified on the drawing referenced figure 13.1 in the environmental statement submitted with the application for this Order following attenuation to greenfield run-off rates and treatment within a dedicated water management zone.

(3) The surface and foul water drainage system must be constructed, maintained and retained in accordance with the approved details.

Drainage: oil interceptor

28.  Surface water drainage from impermeable parking areas and hard standing for vehicles and lorry parks must be passed through oil interceptors prior to being discharged into any watercourse, surface water sewer or soakaway system. The oil interceptors must have a sufficient capacity for the areas being drained and must be constructed prior to the first use of the parking areas or hard standings and must thereafter be retained. Roof water must not pass through the oil interceptors.

Air quality

29.—(1) No construction of the development must commence until details of an air quality scheme have been submitted to, and approved in writing by, the local planning authority. The submitted details must include—

(a) a plan for dust management which must include the methods proposed for the monitoring and control of dust and dust suppression measures;

(b) the air quality monitoring methodology comprising continuous ambient particle (PM10, PM2.5 and total suspended particulates) and wind speed and direction, temperature, relative humidity and rainfall monitoring at locations at or near to Doggetts, Bishops Farm House, Knighton Farm and one close to the hamlet of Wick which monitoring must begin not less than one month prior to the date proposed for commencement of construction of the development and must continue until cessation of use of the development for the reinstatement of the onshore area has been certified as being completed in writing by the local planning authority;

(c) provision for the submission to the local planning authority of proposals for continuous periods of monitoring and the provision of the results to the local planning authority together with proposals for the review of monitoring periods following the first anniversary of commencement of the construction of the development;

(d) the monitoring details which must include real time logging of averaging periods of not less than 15 minutes and include remote interrogation and downloading and details of automatic notification to the local planning authority and other persons (such as the site manager) in circumstances where monitored concentrations exceed the trigger levels;

(e) the maximum hourly mean concentrations (“the trigger levels”) of PM10, PM2.5 and total suspended particulates;

(f) the steps to be taken in the event that trigger levels are exceeded;

(g) the identity of persons to carry out visual inspections in order to review the potential for dust nuisance and, in the event of dust nuisance complaints being made, to help quantify the actual or potential dust nuisance; and

(h) the measures to ensure that any diesel fuel used on site shall be ultra low sulphur diesel (ULSD) (<10mgS/kg).

(2) The air quality scheme must be implemented as approved throughout the period of the construction, maintenance and use of the development.

Residential amenity: information dissemination and complaints handling

30.  No construction of the development must commence until a system for the provision of information to local residents and occupiers about the development and the investigation of, and response to, complaints has been submitted to, and approved in writing by, the local planning authority. The information to be disseminated must include general provision of information in relation to the construction, maintenance and use of the development and specifically in relation to activities on-site that may lead to nuisance. The approved information dissemination and the investigation and responses to complaints system must be implemented as approved throughout the period of the construction, maintenance and use of the development.

Drainage: water & sediment management plan

31.  No construction of the development must commence until a water and sediment management plan has been submitted to, and approved in writing by, the local planning authority. The water and sediment management plan must be implemented as approved throughout the period of the construction of the development.

Engineering details of foreshore access road

32.  No works to construct the foreshore access road forming part of Work No. 6 must be commenced until engineering construction details for the road including any associated drainage works have been submitted to, and approved in writing by, the local planning authority. The foreshore access road must be constructed and retained in accordance with the approved details. Prior to the removal of the foreshore access road, details of the method and timing of its removal must be submitted to, and approved in writing by, the local planning authority. The foreshore access road must be removed in accordance with the approved details.

Access to foreshore

33.  Prior to construction and use of the foreshore access road forming part of Work No. 6 , the works area (being the area bounded by the limit of deviation shown on sheet no. 2 of Work No. 1) and the access corridor (being the area bounded by the limit of deviation shown on sheet no. 7 of Work No. 7) must be demarcated to prevent the movement of vehicles and plant outside the works area and access corridor on inter-tidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI. Vehicles and plant must not be permitted to have access to any other areas of the foreshore outside the works area and access corridor.

Flooding: foreshore access

34.  Prior to first use of the foreshore access road for any construction activities, flood warning notices must be erected in suitable and visible positions, such positions and wording of the signs to be first approved in writing by the local planning authority. The flood warning notices must be retained throughout the period during which the foreshore access road is in place.

Geology & contaminated land: radiological monitoring

35.  No construction of the development must commence on the site until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 16-8 B (Volume 3 Chapter 16 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority. The radiological monitoring scheme must be implemented in accordance with the approved details.

Geology & land: previous contamination unidentified

36.  If, in undertaking the construction of the development, contamination which has not been previously identified is found to be present on any part of the onshore area, the local planning authority must be notified and no further work must be carried out in respect of the part of the area that the local planning authority shall specify in writing, until details as to how such contamination is to be dealt with have been submitted to, and approved in writing by, the local planning authority. Any such contamination must be dealt with in accordance with the approved details.

Groundwater: monitoring

37.  No construction of the development on the site must commence until a scheme for the management and monitoring of groundwater levels and quality has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

Construction method statement

38.—(1) No construction of the development must commence on the onshore area until a construction method statement for the onshore area has been submitted to, and approved in writing by, the local planning authority. The construction method statement must include details of the following -

(a) the parking of vehicles of site operatives and visitors;

(b) the loading and unloading of plant and materials;

(c) the storage of plant and materials used in constructing the development;

(d) wheel washing facilities;

(e) arrangements for cliff face protection and signage;

(f) details of any measures to be taken to protect the works area and access corridor (as both are defined in condition 33); and

(g) piling techniques.

(2) The construction method statement must be implemented as approved.

Construction and environmental management plan

39.—(1) No construction of the development must commence until a construction and environmental management plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The CEMP must include details of the following—

(a) site security;

(b) fuel, oil, chemical and concrete storage, bunding, delivery and use;

(c) the method for dealing with both minor and major pollution or other spillages;

(d) the method for dealing with precipitation events exceeding the drainage system capacity;

(e) containment of silt or soil contaminated run off;

(f) disposal of contaminated drainage, including water pumped from excavations;

(g) the means for discharging any silty or discoloured water from excavations over grassland or via a settlement lagoon to remove solids;

(h) methods for protecting watercourses; and

(i) site induction for workforce highlighting pollution prevention and awareness.

(2) The CEMP must be implemented in accordance with the approved details.

Vegetation clearance

40.  Before undertaking any vegetation clearance within the period from October to March inclusive, a winter clearance scheme designed to avoid or reduce impacts on over-wintering birds which are interest features of the Severn Estuary SPA must be submitted to, and approved in writing by, the local planning authority. Any vegetation clearance undertaken during the period October to March inclusive must be carried out in accordance with the requirements of the winter clearance scheme.

Materials management plan

41.  No construction of the development on the site must commence until a materials management plan (MMP) that accords with the principles set out in “The Definition of Waste: Development Industry Code of Practice, Version 2, March 2011” published by Contaminated Land: Applications in Real Environments (CL:AIRE) has been submitted to, and approved in writing by, the local planning authority. The materials management plan must be implemented as approved.

Site waste management plan

42.  No construction of the development must commence until a site waste management plan for the HEO land has been submitted to, and approved in writing by, the local planning authority. The site waste management plan must be implemented as approved.

Soil management plan

43.—(1) No construction of the development on the site must commence until a soil management plan has been submitted to, and approved in writing by, the local planning authority. The soil management plan must detail the methods and procedures for soil stripping, handling and stockpiling and must include—

(a) description of methods for soil stripping, handling and screening and stockpiling of topsoils and subsoils;

(b) a materials stockpile plan which shows the location, composition, movement and duration of any stockpile;

(c) layout plans that show the locations of proposed treatment facilities (mobile and fixed), areas where soils have been or will be treated in-situ, and areas where treated soils and imported soils have been, or will be, deposited;

(d) heights of stockpiles; and

(e) restrictions on activities that may affect stored topsoil including the prevention of vehicles traversing the stockpiles.

(2) The soil management plan must be implemented as approved.

Limit of closure of coast footpath

44.  No construction of the development must commence until a scheme to provide for the reopening of the section of the coast footpath on the HEO land to public access together with safety arrangements has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details and thereafter retained.

Traffic obligations

45.—(1) For the purposes of this paragraph—

“HGV Route 1” means the HGV route (shown coloured green on the plan titled “HGV Routes” in the deposited plans and sections) from Junction 23 of the M5 motorway via the A38 Bristol Road, the Drove, the Northern Distributor Road (NDR), the A39, High Street in Cannington and the C182 to the site;

“HGV Route 2” means the HGV route (shown coloured red on the plan titled “HGV Routes” in the deposited plans and sections) from Junction 24 of the M5 motorway via the A38 Taunton Road, the A39, High Street in Cannington and the C182 to the site; and

“HGV” means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods, and having a maximum permissible laden weight exceeding 3.5 tonnes or any other goods vehicle with three or more axles travelling to or from the site for the purposes of the construction, maintenance and use of the development.

(2) Movements of HGVs for the duration of the construction, maintenance and use of the development, must not exceed the following daily flow limits—

(a) Mondays to Fridays: maximum of 8 two-way HGVs per hour between 07.00 and 18.00;

(b) Mondays to Fridays: maximum of 50 two-way HGVs between the hours of 07:00 and 17:00; and

(c) Saturdays: maximum of 25 two-way HGVs between the hours of 07:00 and 13:00.

At all other times and on Bank Holidays no HGVs must be received at or dispatched from the site.

(3) No development must commence until a scheme to ensure that HGVs travelling between the site and the M5 motorway will only use HGV Route 1 and HGV Route 2 has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(4) No construction of the development must commence until a scheme for monitoring HGV vehicles entering and leaving the site and travelling on HGV Route 1 and HGV Route 2 using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(5) The total number of cars and minibuses accessing the site each day for the purpose of the construction, maintenance and use of the development must not exceed 32.

(6) No development must commence until a scheme for monitoring the number of cars and minibuses accessing the site using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(7) The maximum number of car and minibus parking spaces to be provided and available within the site for the purpose of the construction, maintenance and use of the development must not exceed 32.

(8) No construction of the development must commence until 10 motorcycle spaces and covered stands for at least 5 pedal cycles have been provided. The motorcycle spaces and cycle stands must be retained for the duration of the construction, maintenance and use of the development.

(9) In the event that the site preparation works permission is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the site preparation works permission shall apply as a limitation applicable to both the site preparation works and the construction, maintenance and use of the development (unless the development consent order referred to below has been implemented).

(10) In the event that a development consent order for a new nuclear generating station at Hinkley Point which contains restrictions relating to traffic is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the development consent order shall apply as a limitation applicable to both the development authorised by the development consent order and the construction, maintenance and use of the development.

(11) No HGVs must be scheduled to travel between the site and any location within the area shown shaded light green within the area edged black on the plan titled “HGV Routes from West” in the deposited plans and sections until a scheme to regulate the routes to be used by such HGVs (in so far as such HGVs are not regulated by the scheme referred to in paragraph (3)) has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

Bund planting

46.  The bund required by condition 14 must be planted in accordance with Condition SP13 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about bund planting, in accordance with the requirements of that order.

Maintenance of planting

47.  Any planting of the bund required by condition 14 must be maintained in accordance with Condition SP23 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about the maintenance of bund planting, in accordance with the requirements of that order.

PART 3 Reinstatement Conditions

Coastal hydrology: cliff management plan

48.  Prior to the removal of any part of the jetty, a cliff management plan which provides details for arrangements and responsibilities for the removal of those parts of the jetty and its associated infrastructure which are located within 15m in any direction of the cliff edge must be submitted to, and approved in writing by, the local planning authority. The cliff management plan must be implemented in accordance with the approved details.

Noise and vibration: control of noise during reinstatement

49.—(1) Prior to the commencement of any works of reinstatement pursuant to article 39 a noise and vibration management plan must be submitted to, and approved in writing by, the local planning authority which specifies the provision to be made for the control of noise and vibration arising from the reinstatement works.

(2) The level of noise emitted from the reinstatement works must not exceed the limits set out in the following table as determined at the nearest noise sensitive premises and monitoring of the noise levels during the reinstatement works must be carried out as part of the noise and vibration management plan approved pursuant to paragraph (1) above.

Assessment Period		BS5228
Days of Week	Time of Day	Category A-5 dB LAeq Hour
Mondays – Fridays	07.00-18.00	60
	*18.00-23.00	50
	*23.00-07.00	40
Saturdays	07.00-13.00	60
	*13.00-23.00	50
	*23.00-07.00	40
Sundays and Bank Holidays	*07.00-23.00	50
	*23.00-07.00	40

• Notes: dB re: 20μPa. *Offshore dismantling work only.

• Where L_Aeq = the equivalent continuous A-weighted sound pressure level, being the single number that represents the total sound energy measured over that period.

(3) The approved noise management and vibration management plan must be implemented in accordance with the approved details.

(4) The above noise level restriction shall apply except for specific, short duration construction or demolition activities associated with the reinstatement works (to the extent only as permitted as described in the approved noise and vibration management plan) during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. Any such activities and duration of such activities must be notified to the local planning authority and local residents at least 48 hours before they commence and the duration of such activities and number of such activities during the carrying out of the reinstatement works shall be limited to those approved in writing by the local planning authority.

(5) In the event that the site preparation works permission is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in this condition relating to a time so specified shall cease to apply and the noise limit in the site preparation works permission relating to that time shall apply as a noise restriction applicable to both the site preparation works and the reinstatement works (unless the development consent order referred to below has been implemented).

(6) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in the above table relating to a time so specified shall cease to apply and the noise limit in the development consent order relating to that time shall apply as a noise restriction applicable to both the development authorised by the development consent order and the reinstatement works.

(7) Noise levels must be determined in accordance with the provisions of British Standard 7445.

Working hours during reinstatement

50.—(1) Works of reinstatement pursuant to article 39 (in so far as they are carried on, or accessed from, the site) must not take place on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the working hours for the reinstatement works shall be restricted to the same extent (if at all) as provided by the development consent order.

On-site vehicular movements and maintenance - permitted hours during reinstatement

51.—(1) There must be no use or maintenance of any vehicles (which term shall not include vessels or barges) associated with the reinstatement of the onshore area (including no starting of vehicular engines, no vehicle movements and no reversing alarms operated) on the onshore area on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39.

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use and maintenance of vehicles (including the starting of vehicular engines, vehicle movements and the operation of reversing alarms) associated with the reinstatement of the onshore area shall be restricted to the same extent (if at all) as is provided by the development consent order.

Noise and vibration during reinstatement: no amplified sound

52.—(1) No public address system must be used or amplified sound generated within the onshore area or at any time in the course of reinstatement works. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use of public address systems and the generation of amplified sound within the onshore area or at any time in the course of the reinstatement works shall be restricted to the same extent (if at all) as is provided by the development consent order.

(1)

2008 c.29.

(2)

S.I. 1997/1160.