The East Northamptonshire Resource Management Facility Order 2023

Phasing, landscaping and restoration

4.—(1) The authorised development must be carried out in accordance with the ecological management, monitoring and aftercare plan and the first stage of the phasing sequence table until the phasing, landscaping and restoration scheme is approved pursuant to sub-paragraph (2).

(2) Within 24 months of the date of this Order the undertaker must submit a phasing, landscaping and restoration scheme in accordance with the principles set out in the ecological management, monitoring and aftercare plan and the restoration concept scheme to the relevant planning authority for approval in writing following consultation with the Environment Agency.

(3) The phasing, landscaping and restoration scheme submitted must include details of phasing timescales and all proposed hard and soft landscaping works, ecological mitigation and enhancement measures including—

(a) a programme for the progressive filling, capping and phased restoration of the land including all landscaping, restoration and aftercare works which are in accordance with the phasing sequence table;

(b) a programme for review meetings;

(c) the location, number, species, size and planting density of any proposed planting;

(d) how any invasive species will be managed;

(e) soil testing and preparation, cultivation, importing of materials and other operations to maximise plant establishment;

(f) details of proposed finished ground level contours in accordance with Requirement 3(2);

(g) hard surfacing materials;

(h) vehicular and pedestrian access, parking and circulation areas;

(i) minor structures, such as furniture, refuse or other storage units, signs and lighting;

(j) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;

(k) details of existing trees to be retained, with measures for their protection during the operations; and

(l) the location of fuel storage and leachate tanks, extraction and monitoring facilities and any other infrastructure required for the aftercare works.

(4) Not later than 24 months from the date the phasing, landscaping and restoration scheme is approved pursuant to sub-paragraph (1) and then again at least every two years from that date the undertaker must submit an updated phasing, landscaping and restoration scheme for approval in writing by the relevant planning authority and if necessary arrange a review meeting with the relevant planning authority to discuss any changes. The works must be undertaken in accordance with the extant phasing, landscaping and restoration scheme.

(5) Any tree or shrub planted as part of an approved landscaping and restoration scheme that, within a period of 10 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 otherwise approved in writing by the relevant planning authority.

(6) The undertaker must restore the site by 31 December 2046 at the latest and all landscaping, restoration and aftercare works must be carried out for a minimum period of 20 years thereafter in accordance with the extant phasing, landscaping and restoration scheme in place at the time those works are being carried out and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(7) The undertaker must provide public access to the authorised development in accordance with the details set out in the phasing, landscaping and restoration scheme.