The A303 (Amesbury to Berwick Down) Development Consent Order 2023

Interpretation

1.—(1) In this Schedule—

“British Standards” means standards, recommendations and procedures as drawn up and published by the British Standards Institution;

“contaminated land” has the same meaning as that given in section 78A(1) (preliminary) of the Environmental Protection Act 1990;

“detailed archaeological mitigation strategy” means the detailed archaeological mitigation strategy listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the detailed archaeological mitigation strategy for the purposes of this Order, which sets out the requirements for the overarching written scheme of investigation, heritage management plan, site specific written schemes of investigation and archaeological method statements and protections for the World Heritage Site and its setting with which the undertaker must comply according to the terms of the detailed archaeological mitigation strategy in carrying out, operating and maintaining the authorised development, as set out in paragraph 5;

“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);

“HEMP” means a handover environmental management plan;

“main works” means those parts of the authorised development that are not comprised in the preliminary works;

“main works CEMP” means a construction environmental management plan to be submitted and approved under requirement 4(8) in relation to the main works;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(3);

“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty;

“OEMP” means the outline environmental management plan referred to in Schedule 12 certified by the Secretary of State as the outline environmental management plan for the purposes of this Order, which sets out (i) at section 1.2.2 the scheme objectives and (ii) protections for the World Heritage Site and its setting with which the undertaker must comply according to the terms of the OEMP in carrying out operating and maintaining the authorised development, as set out in paragraph 4;

“preliminary highways works” means—

(a)

Work No. 1H(viii) to (xiv) inclusive;

(b)

Work No. 5; and

(c)

Work No. 7;

“preliminary works CEMP” means a construction environmental management plan to be submitted and approved under requirement 4(4) in relation to the preliminary works;

“preliminary works OEMP” means Table 3.2a and any other parts of the OEMP relating to the preliminary works; and

“scheme objectives” means the four scheme objectives drawn by the Secretary of State for the design, carrying out and maintenance of the authorised development being—

(a)

the transport objective, to create a high quality reliable route between the south east and the south west that meets the future needs of traffic;

(b)

the economic growth objective, to enable growth in jobs and housing by providing a free flowing and reliable connection between the south east and the south west;

(c)

the cultural heritage objective, to help conserve and enhance the World Heritage Site and to make it easier to reach and explore; and

(d)

the environment and community objective, to improve biodiversity and provide a positive legacy for nearby communities.

(2) Where any requirement in this Schedule—

(a) refers to a scheme, drawing, document or plan, that scheme, document or plan is to be taken to be the version certified by the Secretary of State under article 55 (certification of plans etc.,) of this Order or to any subsequent version of that scheme, drawing document or plan approved by the Secretary of State under a requirement; or

(b) provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved by the Secretary of State, the approved details, scheme, plan or other document must be taken to include any amendments or revisions subsequently approved by the Secretary of State.

(1)

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).

(2)

S.I. 2017/1012.

(3)

1981 c. 69.