SCHEDULE 1Land to which this Order applies
I51
Subject to paragraphs 2 and 3, the land to which this Order applies is land situated within the local authority area of Dumfries and Galloway and the whole of the area of which is within 15 miles of either—
a
the Port of Cairnryan, or
b
Loch Ryan Port.
I62
This Order does not apply to any land which is, or forms part of—
a
a National Park as designated by an order made under section 6 of the National Parks (Scotland) Act 2000 M1,
b
a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997 M2,
c
a conservation area as designated under section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 M3,
d
a historic garden or designed landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979 M4 (“the 1979 Act”),
e
a site of special scientific interest, having the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 M5,
f
a historic battlefield included in the inventory of battlefields compiled and maintained under section 32B of the 1979 Act,
g
a European site,
h
a World Heritage Site included in the list kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage M6.
I73
This Order does not apply to any land which contains—
a
a listed building or the curtilage of a listed building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997,
b
a scheduled monument within the meaning of the 1979 Act,
c
ancient woodland contained in the Ancient Woodland Inventory M7.
SCHEDULE 2Conditions
PART 1General
Operator and exclusionsI11
Development may only be carried out by or on behalf of the Scottish Ministers F1or a border department.
I82
A building on the site may only be removed if the Scottish Ministers have agreed to its removal in writing.
I93
The site must not be used for the storage of fuel or for refuelling, other than as ancillary to the use of the site pursuant to article 3(1).
I104
The site must not be used for the stationing of vehicles carrying—
a
Category I/II nuclear material as defined in regulation 3 of the Nuclear Industries Security Regulations 2003 M8, or
b
High Consequence Dangerous Goods as defined in section 1.10.3.1 of Annex A to the edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road published in 2019 M9.
Development (construction, operation and reinstatement phases)I115
Any artificial lighting must be arranged so the main beam angle of each installation is directed downward and away from the closest boundary so as to minimise light spill.
I126
Any fire hydrants and emergency water supplies must be kept in good repair and any defects must be repaired as soon as practicable.
I137
Any surface water and foul water drainage system must be kept in good repair.
I148
Temporary structures collecting sewage that are not attached to mains sewers must be emptied regularly.
I159
Development must not adversely affect any ancient woodland contained in the Ancient Woodland Inventory.
I1610
There must be no net increase in the rate or volume of surface water discharge from the site.
I1711
Surface water discharged from the site must not adversely affect the quality of receiving water bodies.
I1812
Subject to condition 13, the height of any building (other than an existing building) must not exceed 15 metres.
I1913
The height of any gate, fence, wall or other means of enclosure erected or constructed, other than noise attenuation measures, must not exceed 4.5 metres.
I2014
No building other than plant, machinery, gates, fences, walls or other means of enclosure, or noise attenuation measures, may be erected or extended within 25 metres of the boundary of the curtilage of any residential dwelling.
I2115
Where there is a risk of groundwater contamination, hard surfacing must not be made or porous materials.
I2216
Where a condition in Parts 2 to 5 of this schedule requires the publication of any document, reasonable steps must be taken to ensure the document is available to persons likely to have an interest in the matters to which the document relates.
Stationing of vehiclesI2317
The stationing of vehicles is only permitted on hard surfacing.
I2418
When stationed, a vehicle must not have its engine idling without the express authority of the site operator.
PART 2Construction
I2519
No works of construction may commence until a construction management plan for the development has been submitted to and approved by the Scottish Ministers. The plan must comprise details of policies and procedures to be complied with in connection with the construction of the development in relation to—
a
engagement with relevant owners and occupiers, including complaints handling,
b
application of best practicable means to minimise noise, vibration and emissions to air,
c
application of best practicable means to minimise the adverse effect of lighting on the amenity of relevant owners and occupiers, ecological receptors and road users,
d
sourcing, placing, managing and storing of construction materials, including, where appropriate, the stripping, storage and re-spreading of soil,
e
management of waste in accordance with the waste hierarchy,
f
pollution prevention and control,
g
preventing damage to trees to be retained on the site, or trees immediately adjacent to any works on the site,
h
management of construction traffic, including measures to prevent the deposit of mud and construction materials on the highway,
i
the management of invasive species, and
j
where appropriate, the appointment and retention of a suitably qualified archaeologist, arboriculturist, ecologist or ordnance specialist to oversee works,
and references to “the CMP” in the following paragraphs of this Part are to that plan as approved by the Scottish Ministers from time to time.
I2620
A copy of the CMP must be kept on the site at all times.
I2721
A non-technical summary of the CMP must be published.
I2822
Construction works must be undertaken in compliance with the CMP.
I2923
The CMP and the published non-technical summary of the CMP must be kept under review and updated as necessary throughout all construction works.
I3024
Prior notification of the intended commencement of development must be given to the Scottish Ministers and the planning authority, and such notification must include—
a
the address and location of the development (including a site plan in the form prescribed by article 4(2)(b)),
b
the name and address of the owner of the site,
c
a description of the development, and
d
the date on which it is intended that any material operation (as defined in section 27(4) of the Town and Country Planning (Scotland) Act 1997) will first be carried out.
PART 3Commencement of operational use
I225
The developer must—
a
as soon as practicable after doing so, give notice of the completion of the development to the Scottish Ministers and the F2... planning authority, and
b
give notice of the date on which the development is to become operational to the Scottish Ministers and the F2... planning authority.
PART 4Operation
I3126
No use other than works of construction and tests of the operation of the development may commence until an operational management plan for the development has been submitted to and approved by the Scottish Ministers. The plan must comprise details of policies and procedures to be complied with in connection with the use and operation of the development in relation to—
a
engagement with relevant owners and occupiers, including complaints handling,
b
dealing with adverse weather, incidents and protestors,
c
emergency response,
d
inspection, maintenance and repair of hard surfacing, surface and foul water drainage systems, fire hydrants and emergency water supplies,
e
managing traffic associated with the operation of the development, including—
i
the management of vehicles moving between the site and the strategic road network (being the trunk roads for which the Scottish Ministers are the roads authority), and the provision of signage for their drivers, and
ii
preventing vehicles carrying goods specified in paragraph 4 of Part 1 of this schedule from having access to, or being stationed on, the site,
f
pollution prevention and control,
g
prescribing limits on levels of noise and emissions to air that will be adhered to during the operation of the development, and monitoring and management measures to secure adherence to those levels,
h
managing waste and waste disposal in accordance with the waste hierarchy, and
i
managing and enhancing biodiversity,
and reference to “the OMP” in the following paragraphs of this Part are to that plan as approved by the Scottish Ministers from time to time.
I3227
A copy of the OMP must be kept on the site at all times and the use and operation of the development must be carried out in compliance with the OMP.
I3328
A non-technical summary of the OMP must be published.
I3429
The development must be operated in compliance with the OMP.
I3530
The OMP and the published non-technical summary of the OMP must be kept under review and updated as necessary during the use and operation of the development.
PART 5Reinstatement
I3631
A reinstatement plan must be submitted to the Scottish Ministers no later than 6 months before use of the land is to discontinue in terms of article 3(4)(a).
I3732
Reinstatement works must not be commenced until the Scottish Minsters have approved the reinstatement plan.
I3833
The reinstatement works must be carried out and completed in accordance with the approved reinstatement plan.
I3934
A non-technical summary of the approved reinstatement plan must be published.
SCHEDULE 3Engagement Parties
I401
Scottish Fire and Rescue Service.
I412
Dumfries and Galloway Council.
I33
Scottish F3Environment Protection Agency.
I424
The Police Service of Scotland.
I435
The COMAH competent authority being the competent authority within the meaning of regulation 4 of the Control of Major Accident Hazards Regulations 2015 M10 (if the site or any part of it is in, or includes, a safety hazard area).
I446
Scottish Natural Heritage.
I457
Historic Environment Scotland.
I468
Owners of any part of the site.
I479
Relevant owners and occupiers.
I410
Community Councils—
a
b
whose—
i
area includes the whole or part of the site, or
ii
boundary at any point adjoins any part of the boundary of the site.