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SCHEDULE 2Conditions

Part 2 – Construction

1.  No works of construction may commence until a construction management plan for the development has been submitted to and approved by the Secretary of State. The plan must comprise details of policies and procedures to be complied with in connection with the construction of the development in relation to—

(a)engagement with relevant owners and occupiers, including complaints handling;

(b)application of best practicable means to minimise noise, vibration and emissions to air;

(c)application of best practicable means to minimise the adverse effects of lighting on the amenity of relevant owners and occupiers, ecological receptors and road users;

(d)sourcing, placing, managing and storing of construction materials, including, where appropriate, the stripping, storage and re-spreading of soil;

(e)management of waste in accordance with the waste hierarchy;

(f)pollution prevention and control;

(g)preventing damage to trees to be retained on the site, or trees immediately adjacent to any works on the site;

(h)management of construction traffic, including measures to prevent the deposit of mud and construction materials on the highway;

(i)the management of invasive species; and

(j)where appropriate, the appointment and retention of a suitably qualified archaeologist, arboriculturist, ecologist or ordnance specialist to oversee works,

and references to “the CMP” in the following paragraphs of this Part are to that plan as approved by the Secretary of State from time to time.

2.  A copy of the CMP must be kept on the site at all times.

3.  The site operator must publish a non-technical summary of the CMP.

4.  Construction works must be undertaken in compliance with the CMP.

5.  The CMP and the published non-technical summary of the CMP must be kept under review and updated as necessary throughout all construction works. Material changes to the CMP are not effective unless approved by the Secretary of State.

6.  Prior notification of the intended commencement of development must be given to the Secretary of State and the relevant local planning authority, and such notification must include—

(a)the address and location of the development (including a site plan in the form prescribed by article 4(2)(b));

(b)the name and address of the owner of the site;

(c)a description of the development; and

(d)the date on which it is intended that any material operation (as defined in section 56 of the Town and Country Planning Act 1990(1)) will first be carried out.

(1)

Section 56 was amended by the Planning and Compensation Act 1991, Schedule 6, paragraph 10 and Schedule 7, paragraph 10. There are further amendments which are not relevant to this Order.