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5.—(1) No part of the authorised development is to commence until a written landscape and ecology management plan has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural England.
(2) The landscape and ecology management plan must include details of—
(a)landscape and ecological mitigation, enhancement, compensation and nature conservation measures reflecting the proposals of the environmental statement;
(b)the management and monitoring of landscape and ecological mitigation, compensation and nature conservation measures;
(c)the management and monitoring of water quality in Houghton Brook, including the build up of sediment;
(d)the restoration of the borrow pit referred to in Work No. 11;
(e)proposed species for planting;
(f)repeat surveys to be undertaken to confirm the presence of any European protected species including the location of any active bat roosts;
(g)the protection of any European protected species from activities associated with the authorised development, including any European protected species identified in the surveys required by sub-paragraph (f);
(h)surveys to be undertaken to confirm the presence of invertebrate species;
(i)details of any mitigation and enhancement measures necessary in relation to species identified in the surveys required by sub-paragraph (h);
(j)the protection of any nationally protected species from activities associated with the authorised development; and
(k)a programme for implementation of the proposed measures required by sub-paragraphs (f), (g), (h), (i), and (j).
(3) The approved landscape and ecology management plan or any amended plan approved in writing by the relevant planning authority, after consultation with Natural England, must be implemented in its entirety.
(4) “European protected species” has the same meaning as in regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010(1).
(5) “Nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(2).
(6) Any tree or shrub planted as part of the approved landscaping and ecology management plan that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species as that originally planted, unless the relevant planning authority gives consent to any variation.
(7) All hedges and trees forming part of the boundary of the Order limits or situated within them (unless shown to be removed in the approved landscaping and ecology management plan) must be protected from any damage and maintained throughout the construction of the authorised development.
(8) If any hedge or tree protected under sub-paragraph (7) is removed, uprooted, destroyed or dies it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.
(9) All areas of the site left undisturbed, and all soil, soil making material and overburden mounds must be kept free from injurious weeds and invasive plants throughout the construction of the authorised development.
S.I. 2010/490, to which there are amendments not relevant to this Order.
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