1. In this Part of this Schedule—
“drainage strategy” means the document of that description annexed to the flood risk assessment as approved by the Board;
“Enhanced Operational Controls” means the controls set out in the document of that description listed in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the Enhanced Operational Controls for the purposes of this Order;
“flood risk assessment” means the document of that description in Schedule 7 (plans and documents to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
“impact protection measures” means—
part (a) of Work No.3 as defined in Schedule 1 to this Order; or
part (b) of Work No. 3 as defined in Schedule 1 to this Order; or
both parts (a) and (b) of Work No. 3 as defined in Schedule 1 to this Order;
“IOT” means the Immingham Oil Terminal;
“IOT Operators” means Associated Petroleum Terminals (Immingham) Ltd and Humber Oil Terminal Trustees Ltd, with “Associated Petroleum Terminals (Immingham) Ltd” meaning Associated Petroleum Terminals (Immingham) Limited, company number 00564394 registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title and “Humber Oil Terminal Trustees Ltd” meaning Humber Oil Terminal Trustees Limited, company number 00874993 registered at Queens Road, Immingham, Grimsby, N E Lincolnshire, DN40 2PN, and any successor in title;
“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;
“operational freight management plan” means the operational freight management plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State for the purposes of this Order;
“outline onshore construction environmental management plan” means the document of that description in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State as the outline onshore construction environmental management plan for the purposes of this Order; and
“travel plan” means the travel plan included in Schedule 7 (plans and documents to be certified) and certified by the Secretary of State for the purposes of this Order.
2. The authorised development must commence within 5 years of the date on which this Order comes into force.
3. With respect to any requirement which requires the authorised development to be carried out in accordance with the details of schemes or plans approved under this Schedule the approved details or schemes or plans are taken to include any amendments that may subsequently be approved in writing by the approving body.
4.—(1) Subject to sub-paragraph (2), no construction work for Work Nos. 4 to 13 or any ancillary works associated with them may take place on bank holidays or outside the hours of 07:00 to 19:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.
(2) Construction work for Work Nos. 4 to 13 may take place outside the hours mentioned in sub-paragraph (1) provided such works—
(a)do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement; and
(b)do not exceed maximum permitted levels of noise at each agreed monitoring location to be determined with reference to the ABC Assessment Method for the different working time periods, as set out in BS 5228-1:2009+A1:2014, unless otherwise agreed in writing with the Council for specific construction activities; and
(c)are—
(i)works that cannot be interrupted; or
(ii)emergency works; or
(iii)works that are carried out with the prior approval of the Council.
(3) Any emergency works carried out under sub-paragraph (2)(c)(ii) must be notified to the Council within 72 hours of their commencement.
(4) In this requirement, “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971(1).
5.—(1) The operation of the authorised development must not be commenced until a final version of the travel plan has been submitted to and approved in writing by the Council.
(2) The authorised development must be carried out in accordance with the travel plan approved pursuant to sub-paragraph (1).
6.—(1) Piling and marine construction works may be undertaken 24 hours a day on Mondays to Sundays provided that such works are undertaken in accordance with paragraph 12 of Part 2 of Schedule 3 (deemed marine licence).
(2) Any emergency works carried out in accordance with paragraph 12 of Part 2 of Schedule 3 must be notified to the Council within 72 hours of their commencement.
(3) Works for the capital dredge, which has the same meaning as in paragraph 1(1)(b) of Part 1 of Schedule 3, may be undertaken without restriction as to time or day.
7.—(1) Construction of—
(a)the terminal building and the welfare building for HGV drivers and passengers awaiting embarkation and related ancillary buildings as identified as part of Work No. 5(c);
(b)the proposed administrative and inspection buildings for UK Border Force as identified as Work No. 5(e); and
(c)the proposed ancillary buildings as identified as part of Work No. 4(f),
must not be commenced until the details of the location, heights relative to the proposed finished ground levels, and external materials to be used in the construction of all new permanent buildings and structures, including the colour, materials and finishes, have been submitted to and approved in writing by the Council.
(2) The authorised development must be implemented in accordance with the details approved by the Council.
(3) The authorised development must be carried out in accordance with the general arrangement plans.
(4) The authorised development will not be in accordance with the general arrangement plans if any departure from the general arrangement plans would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
8.—(1) No part of the authorised development may be commenced until an onshore construction environmental management plan has been submitted to and approved in writing by the Council and National Highways (on matters related to its functions), following consultation with the MMO, Natural England, the Environment Agency, Network Rail, Royal Mail and the Board on matters related to their respective functions.
(2) The onshore construction environmental management plan submitted and approved under sub-paragraph (1) must be in accordance with the outline onshore construction environmental management plan, including the outline plans and skeleton management plans identified and included in the outline onshore construction environmental management plan.
(3) The construction of the authorised development must be undertaken in accordance with the approved onshore construction environmental management plan.
9.—(1) The authorised development, save for the permitted preliminary works, must not be commenced until a final version of the drainage strategy has been submitted to and approved in writing by the Board. The onshore parts of the authorised development shall be implemented in accordance with the approved drainage strategy.
(2) The final version of the drainage strategy submitted and approved under sub-paragraph (1) must be in accordance with the drainage strategy.
(3) In this requirement, “the permitted preliminary works” means—
(a)works consisting of the removal of existing structures and site clearance works; and
(b)works consisting of any part of the off-site mitigation works, the installation of wheel cleaning facilities, the installation and diversion of utility services, surveys and the provision of temporary contractors’ facilities.
10.—(1) Prior to the commencement of the authorised development the undertaker must offer the owner and occupier of each of the residential buildings along Queens Road, Immingham a package of noise insulation mitigation to reduce internal noise levels in sensitive rooms. The noise insulation must be designed to reduce the noise level by at least the maximum predicted increase in road traffic noise (7.4 decibels) due to the operation of the authorised development, taking into consideration the performance of the existing glazing and ventilation.
(2) If the package of mitigation, or such alternative package as may reasonably be requested by the owner and occupier, offered in accordance with sub-paragraph (1) is agreed in writing by the owner and occupier of the residential building within the period specified in the offer, which must not be less than 30 days starting with the day after the offer has been received by the owner and occupier, then the package of mitigation must be implemented at the undertaker’s cost prior to the commencement of the authorised development.
(3) Any dispute arising between the undertaker and the owner and occupier of a residential building along Queens Road, Immingham under this requirement is to be determined by arbitration as provided in article 35 (arbitration).
11. The operation of the authorised development must not be commenced until a final version of the WEMP has been submitted to and approved in writing by the Council. The authorised development must be implemented in accordance with the approved WEMP.
12. The operation of the authorised development must not be commenced until—
(a)the undertaker has entered into such agreements with the Council as may be necessary in connection with Work No. 12 ; and
(b)the agreed works constituting Work No. 12 have been completed and are available for use.
13.—(1) The operation of the authorised development must not be commenced until a final version of the operational freight management plan has been submitted to and approved in writing by the Council and National Highways (on matters related to its functions).
(2) The authorised development must be carried out in accordance with the operational freight management plan approved pursuant to sub-paragraph (1).
14.—(1) No part of the authorised development may be brought into operation until a written scheme of the proposed operational lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Council and Network Rail.
(2) The written scheme submitted under sub-paragraph (1) must be in general accordance with the lighting plan.
(3) The authorised development must be operated in accordance with the scheme approved under sub-paragraph (1).
15. The authorised development must be constructed and operated in accordance with the flood risk assessment.
16.—(1) No part of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works numbers shall be commenced until a written remediation strategy applicable to the relevant part of Work Nos. 4 to 13 inclusive and any ancillary works associated with those onshore works numbers, dealing with any contamination of that land, including groundwater and ground gas, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the Environment Agency, been submitted to and approved in writing by the Council.
(2) The remediation strategy submitted for approval must include an investigation and assessment report, prepared by a suitably qualified person, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site. The remediation strategy submitted for approval must also include a procedure for handling any unexpected contamination encountered during the undertaking of the construction works.
(3) Any remediation must be carried out in accordance with the approved remediation strategy.
17.—(1) A written materials management plan in compliance with the provisions of the CL:AIRE DoW CoP must be produced and submitted to a Qualified Person for approval and issue of a declaration (made under the CL:AIRE DoW CoP), such declaration to be approved by CL:AIRE and submitted to the Environment Agency and the Council for its records, before any works to which the materials management plan relates commence.
(2) Any works to which the material management plan relates must be undertaken in accordance with the materials management plan as approved pursuant to sub-paragraph (1).
(3) In this requirement—
(a)“CL:AIRE” means the registered charity (No. 1075611) and an environmental body registered with ENTRUST (Entrust No. 119820) also incorporated as a company, limited by guarantee and registered in England and Wales (reg no. 3740059) which provides technical secretariat services for industry wide programmes and is responsible for the registration of Qualified Persons able to issue declarations under the DoW CoP;
(b)“the DoW CoP” means the CL:AIRE Definition of Waste: Development Industry Code of Practice; and
(c)“Qualified Person” means a person appearing on the register of Qualified Persons for the CL:AIRE Definition of Waste: Development Industry Code of Practice.
18.—(1) In the event that the Statutory Conservancy and Navigation Authority or the dock master determine that the impact protection measures comprising Work No. 3(a) are required, upon receiving notification of that decision from the Statutory Conservancy and Navigation Authority or the dock master, the undertaker must construct the impact protection measures.
(2) Upon receiving notification of the Statutory Conservancy and Navigation Authority’s or dock master’s determination referred to in sub-paragraph (1):
(a)the undertaker must within 10 business days, notify the IOT Operators and the MMO of that determination; and
(b)within 30 business days, notify the IOT Operators and the MMO as to the steps it intends to take as a result of the Statutory Conservancy and Navigation Authority’s or dock master’s notification.
(3) The construction of Work No. 3(a) must not be commenced until the undertaker has consulted the Statutory Conservancy and Navigation Authority, the dock master, the IOT Operators and the MMO as to the detailed design of Work No. 3(a) and has had regard to any consultative representations received by the undertaker.
(4) No works for the construction of Work No. 3(a) may be commenced until the undertaker has obtained the written consent of the Statutory Conservancy and Navigation Authority to construct Work No. 3(a).
(5) The detailed design referred to in sub-paragraph (3) must be:
(a)within the limits of deviation shown on the relevant plans of the works plans;
(b)in general accordance with the detail shown on the relevant engineering, sections, drawings and plans; and
(c)in general accordance with the detail shown on the relevant general arrangement plans.
19.—(1) Prior to the commencement of the commercial operation of Berth 1, using the berth numbering adopted on General Arrangements Plan B2429400-JAC-00-ZZ-DR-ZZ-0202 Revision P05, the undertaker must—
(a)notify the Statutory Conservancy and Navigation Authority, the dock master, the MMO and IOT Operators of its intention to install the impact protection measures comprising Work No. 3(b);
(b)agree a programme of works with the parties identified in sub-paragraph (a) above; and
(c)install the impact protection measures detailed as Work No. 3(b).
20.—(1) The undertaker must not commence marine commercial operations until the dock master has amended the Port of Immingham Marine Operations Manual (the “Manual”) to incorporate the Enhanced Operational Controls prescribing operating procedures for arrival at and departure from the authorised development.
(2) As soon as reasonably practicable after the amendment mentioned in paragraph (1), the dock master must—
(a)notify the IOT Operators of its amendments to the Manual insofar as they relate to the operation of the authorised development; and
(b)publish the amended navigational controls on the Port of Immingham webpage.
(3) The undertaker must operate the authorised development only in accordance with the Manual referred to in sub–paragraph (1) as may be amended and re-published from time to time.