The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022

Interpretation

1.  In this Schedule—

“Bolder Mere mitigation and enhancement area” means the area within which environmental mitigation and enhancement measures will be undertaken, to prevent any deterioration in the classification status of Bolder Mere as a surface water body and to ensure compliance with relevant environmental objectives in accordance with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017(1), (as provided for by Work No.55 in Schedule 1 (authorised development));

“CEMP” means any construction environmental management plan prepared and approved under requirement 3;

“commence” means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of non-intrusive investigations and surveys, ecological surveys and pre-construction ecological mitigation, investigations for the purpose of assessing and monitoring ground conditions and levels, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

“common land” has the same meaning as “common” in sections 131 and 132 of the 2008 Act and “open space” has the same meaning as in those sections;

“completed” in relation to a relevant part of the authorised development, means the relevant part of the authorised development is completed and fully open for traffic and “completion” is to be construed accordingly;

“County Archaeologist” means the individual appointed as such by Surrey County Council;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“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);

“Habitats Regulations Assessment” means the report of that description certified under article 45 (certification of documents, etc.);

“HEMP” means the Handover Environmental Management Plan prepared by the undertaker;

“Landscape and Ecology Management and Monitoring Plan” means the plan contained in Appendix 7.20 of the Environmental Statement certified under article 45 (certification of documents, etc.);

“Outline CEMP” means the outline construction environmental management plan certified under article 45 (certification of documents, etc.);

“pre-construction ecological mitigation” means any non-intrusive preparatory works of an environmental character;

“protected species” means species which are subject to protection under the laws of England or which are European protected species;

“REAC” means the Register of Environmental Actions and Commitments certified under article 45 (certification of documents, etc.);

“replacement land” means the replacement land identified in Part 4 of Schedule 10;

“requirement consultee” means a body that is specified in any requirement within this Schedule as a body to be consulted prior to the undertaker making an application to discharge the relevant requirement;

“RHS Tree Protection Plan” means the plan of that description certified under article 45 (certification of documents, etc.);

“Scheme Layout Plans” means the plans of that description certified under article 45 (certification of documents, etc.);

“SPA Management and Monitoring Plan” means the document of that name which forms part of the environmental statement;

“suitably qualified and experienced ecologist” means an ecologist who is a full member of the Chartered Institute of Ecology and Environmental Management and having at least 10 years of relevant experience;

“Thames Basin Heaths Special Protection Area (SPA) compensation land” means the land outside the existing SPA boundary and which is to be acquired or used for the purposes of creating compensatory habitat to offset the loss of existing SPA habitat (as provided for by Work No.57 in Schedule 1 (authorised development));

“Thames Basin Heaths Special Protection Area (SPA) enhancement area” means the area within the existing SPA boundary and within which compensatory ecological enhancement measures will be implemented to offset other potential adverse effects on the SPA (as provided for by Work No.58 in Schedule 1 (authorised development));

“Water Framework Directive Assessment Report” means the report of that description certified under article 45 (certification of documents, etc.).

(1)

S.I. 2017/407.

(2)

S.I. 2017/1012.