Article 5
1. In this Schedule—
“completed” means the relevant parts of the authorised development are completed and fully open to traffic and completion is to be construed accordingly;
“contaminated land” has the same meaning as that term is given in section 78A of the Environmental Protection Act 1990(1);
“DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;
“EMP (First Iteration)” means the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage and certified by the Secretary of State as the environmental management plan for the purposes of this Order under article 47 (certification of documents, public register, etc.);
“EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;
“EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;
“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(2);
“Landscape and ecology management plan” means the management plan included at Annex B.5 to the EMP (First Iteration);
“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;
“masterplan” means the environmental masterplan certified by the Secretary of State for the purposes of this Order;
“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(3) or which are European protected species;
“REAC” means the Register of Environmental Actions and Commitments forming table 3.1 of the EMP (First Iteration).
Commencement Information
I1Sch. 2 para. 1 in force at 10.3.2023, see art. 1
2. The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.
Commencement Information
I2Sch. 2 para. 2 in force at 10.3.2023, see art. 1
3.—(1) With the exception of Work Nos. 21, 22 and 25, the authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the engineering drawings and sections unless otherwise agreed in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
(2) No part of the authorised development is to commence until preliminary scheme design engineering drawings and sections for Work Nos. 21, 22 and 25 have been submitted to and agreed in writing by the Secretary of State. Thereafter, the authorised development must be designed in detail and carried out so that it is compatible with these approved drawings, following consultation by the undertaker with the relevant planning authority and local highway authority on matters related to their functions and the Official Custodian of Charities on behalf of The William Scott Abbott Trust, provided that the Secretary of State is satisfied that any amendments to the approved drawings showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
(3) Where amended details are approved by the Secretary of State under sub-paragraphs (1) and (2), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.
Commencement Information
I3Sch. 2 para. 3 in force at 10.3.2023, see art. 1
4.—(1) No part of the authorised development is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with—
(a)the relevant planning authority,
(b)the relevant local highway authority,
(c)the Environment Agency,
(d)Natural England,
(e)the lead local flood authority,
(f)Cambridgeshire County Council, and
(g)the Historic Buildings and Monuments Commission for England,
to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.
(2) The EMP (Second Iteration) for any part of the authorised development must be written in accordance with ISO14001 and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the environmental statement and must include as many of the following plans and strategies as are applicable to the part of the authorised development to which it relates—
(a)Site waste management plan;
(b)Materials management plan;
(c)Soil management plan, which includes—
(i)a soil resource plan;
(ii)a soil handling strategy;
(d)Construction noise and dust management plan;
(e)Construction communication strategy;
(f)Landscape and ecology management plan;
(g)Biosecurity management plan; and
(h)Water monitoring and management plan;
(i)Detailed heritage written statement of investigation (mitigation strategy);
(j)Non Native Species management plan; and
(k)Operational Unexploded Ordnance emergency response plan.
(3) The relevant part of the authorised development must be constructed in accordance with the approved EMP (Second Iteration).
(4) On completion of construction of each part of the authorised development the EMP (Third Iteration) relating to that part must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, the relevant local highway authority, the Environment Agency, Natural England, the lead local flood authority and the Historic Buildings and Monuments Commission for England to the extent that the content of the EMP (Third Iteration) relates to matters relevant to their functions.
(5) The relevant part of the authorised development must be operated and maintained in accordance with the EMP (Third Iteration).
Commencement Information
I4Sch. 2 para. 4 in force at 10.3.2023, see art. 1
5.—(1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its functions.
(2) The landscaping scheme must reflect the mitigation measures set out in the REAC and be based on the masterplan.
(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—
(a)location, number, species mix, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)existing trees to be retained, with measures for their protection during the construction period;
(d)proposed finished ground levels;
(e)implementation timetables for all landscaping works; and
(f)measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged.
(4) All landscaping works detailed in the approved landscaping scheme referred to in paragraph (1) must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards and other recognised codes of good practice.
(5) Any tree or shrub planted as part of a landscaping scheme 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 and size as that originally planted, unless the Secretary of State, following consultation by the undertaker with the relevant planning authority, gives consent to a variation.
Commencement Information
I5Sch. 2 para. 5 in force at 10.3.2023, see art. 1
6.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.
(2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its functions and the Environment Agency.
(3) Remediation must be carried out in accordance with the approved scheme.
Commencement Information
I6Sch. 2 para. 6 in force at 10.3.2023, see art. 1
7.—(1) No part of the authorised development is to commence until for that part, final preconstruction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped, removed or felled as part of the relevant works.
(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—
(a)a protected species is shown to be present, or where there is a reasonable likelihood of it being present;
(b)application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and
(c)that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,
the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.
(3) The undertaker must consult with Natural England on the scheme referred to in subparagraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.
(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.
Commencement Information
I7Sch. 2 para. 7 in force at 10.3.2023, see art. 1
8.—(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in accordance with the drainage strategy and the mitigation measures set out in the REAC including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and the lead local flood authority on matters related to their functions.
(2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and the lead local flood authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
Commencement Information
I8Sch. 2 para. 8 in force at 10.3.2023, see art. 1
9.—(1) Subject to paragraph (2), no part of the authorised development is to commence until a detailed floodplain compensation scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.
(2) No part of the authorised development which will reduce the capacity of the floodplain is to commence until a detailed floodplain compensation scheme design for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency.
(3) A floodplain compensation scheme prepared under paragraphs (1) and (2) must provide suitable flood storage for any flood waters that would be displaced by the authorised development in the 1 in 100 year plus 35% climate change allowance event.
(4) Construction of the authorised development must be sequenced so that at no point will the capacity of the floodplain be reduced to below pre-construction levels.
(5) Any floodplain compensation scheme must be constructed as approved under paragraphs (1) and (2) and subsequently maintained.
Commencement Information
I9Sch. 2 para. 9 in force at 10.3.2023, see art. 1
10.—(1) No part of the authorised development is to commence until for that part a written scheme of investigation (“WSI”) of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and the Historic Buildings and Monuments Commission.
(2) The authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1).
(3) A copy of any analysis, reporting, publication or archiving required as part of the WSI must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).
(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported by way of a notice to the relevant planning authority, and to the Historic Buildings and Monuments Commission in the case of the scheduled monument area, as soon as reasonably practicable from the date they are identified.
(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority or, in the case of a scheduled monument area, Historic England.
(6) If the relevant planning authority or, in the case of a scheduled monument, the Historic Buildings and Monuments Commission determines in writing that the archaeological remains referred to in sub-paragraph (4) require further investigation or mitigation, no construction operations are to take place within 10 metres of the remains until provision has been made for such mitigation or the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the relevant planning authority or, in the case of a scheduled monument, the Historic Buildings and Monuments Commission.
Commencement Information
I10Sch. 2 para. 10 in force at 10.3.2023, see art. 1
11.—(1) No part of the authorised development comprising the construction, alteration or improvement of Work No. 1 is to commence until a traffic management plan substantially in accordance with the outline traffic management plan, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the local highway authority on matters related to its function.
(2) The authorised development must be constructed in accordance with the approved traffic management plan referred to in sub-paragraph (1).
Commencement Information
I11Sch. 2 para. 11 in force at 10.3.2023, see art. 1
12. Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.
Commencement Information
I12Sch. 2 para. 12 in force at 10.3.2023, see art. 1
13. With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.
Commencement Information
I13Sch. 2 para. 13 in force at 10.3.2023, see art. 1
14.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
(a)the day immediately following that on which the application is received by the Secretary of State;
(b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 15 (further information); or
(c)such longer period as may be agreed between the parties.
(2) Subject to sub-paragraph (4), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
(3) Where the Secretary of State requests further information pursuant to [F1paragraph 15], and no further information has been submitted eight weeks from that day immediately following that on which the application was received by the Secretary of State, the application or (if applicable) the part of the application to which the request for further information relates is taken to have been refused by the Secretary of State.
(4) Where—
(a)an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
(b)the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
(c)the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the Secretary of State at the end of that period.
Textual Amendments
F1Words in Sch. 2 para. 14(3) substituted (17.6.2023) by The A47 Wansford to Sutton (Corrections) Order 2023 (S.I. 2023/667), art. 1, Sch.
Commencement Information
I14Sch. 2 para. 14 in force at 10.3.2023, see art. 1
15.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.
(2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.
(3) In the event that the Secretary of State does not give such notification within the 21 day business period mentioned in sub-paragraph (2) the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.
(4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 14 (applications made under requirements) and in this paragraph.
(5) In this paragraph, “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays)(4) of the Banking and Financial Dealings Act 1971.
Commencement Information
I15Sch. 2 para. 15 in force at 10.3.2023, see art. 1
16.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.
(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.
(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.
Commencement Information
I16Sch. 2 para. 16 in force at 10.3.2023, see art. 1
17. If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.
Commencement Information
I17Sch. 2 para. 17 in force at 10.3.2023, see art. 1
18.—(1) In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 28 days for any response to the consultation.
(2) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and an account as to how the undertaker has had regard to the responses received.
(3) At the time of submitting an application to the Secretary of State, the undertaker must provide a copy of the summary report to the requirement consultees referred to in the requirement under which approval is being sought.
(4) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.
(5) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under [F2sub-paragraph (2)] the reasons why the consultation responses have not been reflected in the submitted details with the reasons published in the public register published pursuant to article 47 (certification of documents, public register, etc.).
Textual Amendments
F2Words in Sch. 2 para. 18(5) substituted (17.6.2023) by The A47 Wansford to Sutton (Corrections) Order 2023 (S.I. 2023/667), art. 1, Sch.
Commencement Information
I18Sch. 2 para. 18 in force at 10.3.2023, see art. 1
1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).
1970 c. 80. There are amendments to section 1 which are not relevant to this Order.