The Town and Country Planning (Car Park D Ebbsfleet International Station) (EU Exit) Special Development Order 2019

Interpretation

2.  For the purposes of this Order—

“ADR” means the edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road published in 2019(1);

“animal” means any vertebrate other than a human;

“Category I/II nuclear material” has the meaning given in regulation 3 of the Nuclear Industries Security Regulations 2003(2);

“Class 1 substances and articles” means substances and articles of Class 1 (explosive substances and articles) as set out in section 2.2.1 of Annex A to ADR;

“Class 4.1 substances” means substances of Class 4.1 (polymerizing substances) as set out in sections 2.2.41.1.20 and 2.2.41.1.21 of Annex A to ADR;

“CMP” means a construction management plan for the land, approved by the Secretary of State under article 5(5), which is comprised of policies and procedures in relation to—

(a)

maintaining air quality during construction works, including controlling dust;

(b)

minimising visual impact of construction works through design of structures and screening around them;

(c)

pollution control in respect of the construction works;

(d)

minimising impact of construction works on biodiversity of the land;

(e)

minimising noise and vibration of construction works and vehicles movements related to those works;

(f)

preventing surface water run-off from construction works to ground adjacent to or beneath the land;

(g)

the consideration of environmental performance when selecting vehicles, plant and machinery for the construction works;

“commencement date” means the date this Order comes into force;

“dangerous goods” means any goods classified in Class 1 to 9 in accordance with Chapter 2.2 of Annex A to ADR;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

“goods vehicle movement” means a goods vehicle entering or exiting the land;

“High Consequence Dangerous Goods” has the meaning given in section 1.10.3.1 of Annex A to ADR;

“the Map” means the map marked “Map referred to in the Town and Country Planning (Car Park D Ebbsfleet International Station) (EU Exit) Special Development Order 2019” a copy of which, signed by a member of the Senior Civil Service in the Ministry of Housing, Communities and Local Government, is available for inspection at—

(a)

Planning Directorate, Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF; and

(b)

Ebbsfleet Urban Development Corporation, The Observatory, Castle Hill Drive, Castle Hill, Ebbsfleet Valley, DA10 1EE;

“monitoring programme” means the policies and procedures for monitoring of goods vehicles approved by the Secretary of State as part of the OMP;

“new access points” means the locations shown on the Map as proposed access point and proposed egress point;

“OMP” means an operational management plan for the land, approved by the Secretary of State under article 5(4), which is comprised of policies and procedures in relation to—

(a)

engagement with the local community and local businesses;

(b)

sites rules for drivers;

(c)

dealing with adverse weather, incidents and emergency response;

(d)

managing goods vehicles carrying dangerous goods;

(e)

managing vehicles carrying a specimen of a species included in the Annex to Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein;

(f)

signage for drivers of goods vehicles entering and exiting the land;

(g)

monitoring of impacts on the local road network of goods vehicles entering and exiting the land, including the methodology for the monitoring;

(h)

local employment strategy for staff and staff training;

(i)

staff travel;

(j)

managing protestors;

(k)

increasing biodiversity;

(l)

identification of the foul water sewers and surface water drainage system on the land, including the location of access to emergency stop valves, and management of those systems;

(m)

pollution prevention and control;

(n)

management of fire risks;

“processing” means—

(a)

recording vehicles entering or exiting the land;

(b)

providing, reviewing and approving customs declarations in relation to vehicles;

(c)

checking and endorsing permits relating to items carried in vehicles;

(d)

examining, seizing and detaining items carried in vehicles;

(e)

inspecting vehicles for any other lawful purpose; and

(f)

checking vehicles to ensure compliance with the limitations and conditions imposed by this Order;

“site operator” means the person responsible for operations on the land;

“vehicle examiner” means an examiner appointed pursuant to section 66A of the Road Traffic Act 1988(3).

(1)

Copies can be obtained at http://www.unece.org/trans/danger/publi/adr/adr2019/19contentse.html or purchased from the Stationery Office shop (tel: [phone]) or made available for inspection at Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

(2)

S.I. 2003/403 as amended by S.I. 2016/795.

(3)

1988 c. 53. Section 66A is inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and is amended by paragraph 11 of Schedule 7 to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).