Article 22
SCHEDULE 8FOR THE PROTECTION OF THE HIGHWAYS AGENCY
1. In this Schedule—
“Port Management Plan” means the Bristol Deep Sea Container Terminal Port Management Plan agreed between the Company and the Highways Agency of the Secretary of State for Transport (“Highways Agency”) dated December 2008 as it may be amended from time to time; and
“beneficial use” means the use of the works to generate revenue from shipping but, without limitation, does not include activities related to the construction, marketing, security or maintenance of the works.
Construction management plan
2.—(1) Construction of the works shall not commence until the Company has agreed with the Highways Agency pursuant to the provisions of the Port Management Plan the details of a construction management plan relating to the works, the construction management plan to be based on the Bristol Deep Sea Container Terminal construction management plan dated August 2008.
(2) During construction of the works, the Company will implement the measures on its part set out in and from time to time agreed pursuant to the construction management plan agreed under this paragraph.
Travel plan
3.—(1) None of the works shall be brought into beneficial use until the detailed measures comprising the travel plan for the operation of the works have been approved by the Highways Agency in accordance with the Port Management Plan, the travel plan to be based on the Bristol Deep Sea Container Terminal interim travel plan dated August 2008.
(2) During the beneficial use of the works, the Company shall implement the measures on its part set out in and from time to time agreed pursuant to the travel plan agreed under this paragraph.
Port Management Plan
4. During the beneficial use of the works the Company shall implement the measures and comply with the requirements on its part set out in and from time to time agreed pursuant to the Port Management Plan.
Application of Town and Country Planning legislation
5. The provisions of this Schedule shall be deemed to be conditions subject to which a planning permission was granted under section 70 of the 1990 Act and, accordingly, they shall be subject to the provisions of that Act and all associated legislation and, in particular, they may be varied in their application to the works in accordance with sections 73 and 73A of the 1990 Act and the Town and Country Planning (General Development Procedure) Order 1995.