7.—(1) The provisions of this requirement must be carried out in accordance with the monitoring and mitigation strategy and TfL must otherwise comply with the obligations set out in that document.
(2) If the statutory powers vested in TfL in relation to highways and road traffic in Greater London are not sufficient to enable TfL to implement any mitigation measure which it is obliged to implement under this requirement, TfL must either—
(a)seek to agree with the council of the relevant London borough that TfL may implement that measure on behalf of the council; or
(b)if such an agreement cannot be reached, pay to that council a sum equivalent to—
(i)the estimated cost of the council implementing that measure, which the council must use for that purpose; or
(ii)the costs reasonably incurred by the council in implementing an alternative measure in the same location which the council determines will mitigate the adverse impact attributable to the authorised development,
whichever is less.
(3) In this paragraph, “relevant air quality authority” means the council of a London Borough for an area in relation to which the expert review carried out under sub-paragraph (14) concludes that the authorised development has materially worsened air quality.
(4) Before the Silvertown Tunnel opens for public use TfL must carry out an updated assessment of the likely impacts of the authorised development on the performance of the highway network and must consult the members of STIG on a proposed scheme of mitigation which identifies—
(a)the locations on the highway network where the assessment demonstrates there is likely to be a material worsening of traffic conditions as a result of the operation of the authorised development;
(b)the measures which TfL proposes to mitigate the impacts of such a worsening of traffic conditions; and
(c)the proposed programme for implementation of those measures.
(5) TfL must have regard to any consultation responses received from STIG members and before finalising the scheme of mitigation must liaise further with the council of any London Borough on the detail of mitigation measures which it proposes to implement on roads in that Borough. TfL must then submit the scheme of mitigation to the Secretary of State for approval.
(6) The scheme of mitigation submitted to the Secretary of State for approval must include—
(a)details and locations of the proposed mitigation measures;
(b)responses to the consultation and further liaison carried out under sub-paragraphs (4) and (5);
(c)the estimated cost of implementing each measure; and
(d)the proposed programme for the implementation of those measures.
(7) The Silvertown Tunnel must not open for public use until the scheme of mitigation has been approved by the Secretary of State. If the Secretary of State proposes to approve the scheme of mitigation with material modifications, the Secretary of State must consult the members of STIG on the proposed modifications and have regard to any responses received when deciding whether to approve the scheme.
(8) TfL must implement or secure the implementation of the measures approved by the Secretary of State in accordance with the approved programme.
(9) The Secretary of State may, with the consent of the Mayor of London, delegate their functions under this paragraph to the Mayor of London.
(10) For the duration of the monitoring period, TfL must—
(a)implement a monitoring programme in consultation with the members of STIG;
(b)prepare—
(i)quarterly monitoring reports for a period of one year from the Silvertown Tunnel opening for public use; and
(ii)annual monitoring reports thereafter,
derived from that monitoring, and submit them for consideration by the members of STIG;
(c)identify in consultation with the members of STIG appropriate thresholds for changes on the highway network which require TfL to investigate whether mitigation measures are necessary;
(d)develop in consultation with the relevant highway authority any measures which are necessary to mitigate adverse impacts on the highway network which are attributable to the operation of the authorised development; and
(e)implement or secure the implementation of the necessary mitigation measures.
(11) In sub-paragraph (10) “the monitoring period” means a period commencing not less than three years before the Silvertown Tunnel is expected to open for public use and continuing for not less than three years after the Silvertown Tunnel opens for public use.
(12) Not less than three years before the Silvertown Tunnel is expected to open for public use TfL must install Nitrogen Dioxide (“NO2”) monitors at locations determined in accordance with paragraph 3.7.4 of the monitoring and mitigation strategy.
(13) The NO2 monitors must remain in place for the period specified in paragraph 3.7.5 of the monitoring and mitigation strategy.
(14) The monitoring data within each annual monitoring report referred to in sub-paragraph (10) must be reviewed as soon as reasonably practicable by a firm of independent air quality experts appointed by TfL in consultation with the members of STIG. The annual review undertaken by the firm of experts must determine in accordance with the criteria set out in the monitoring and mitigation strategy whether or not there has been a material worsening of air quality as a result of the authorised development beyond the likely impacts reported within the environmental statement at locations where there are (whether as a result of the authorised development of otherwise) exceedances of national air quality objectives.
(15) If the review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality in the manner described in sub-paragraph (14), TfL must—
(a)within three months of the conclusion of the expert review consult any relevant air quality authority on a preliminary scheme of mitigation including a programme for its implementation; and
(b)following that consultation submit a detailed scheme of mitigation to the Mayor of London for approval.
(16) Before considering whether to approve the scheme of mitigation, the Mayor of London must consult any relevant air quality authority and take into consideration any responses received.
(17) TfL must implement or secure the implementation of the scheme of mitigation approved by the Mayor of London in accordance with the programme contained in the approved scheme of mitigation.
(18) No part of the authorised development is to be opened for public use until a scheme of mitigation (which may consist of or include ventilation) to reduce to acceptable levels any exposure to nitrogen dioxide which occurs as a result of the authorised development at the first floor residential accommodation at the Hoola building, has been submitted to and approved by the London Borough of Newham (“Hoola scheme of mitigation”).
(19) TfL must implement the approved Hoola scheme of mitigation.]
Textual Amendments
F1Sch. 2 para. 7(18)(19) inserted (22.2.2019) by The Silvertown Tunnel (Correction) Order 2019 (S.I. 2019/413), arts. 1, 2(9)(d)