The Hinkley Point C (Nuclear Generating Station) Order 2013

HPC Development Site: Work Nos. 1A, 1B and 1C

4.  For the purpose of requirements MS1 to MS40, the “site” refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work Nos. 1A, 1B and 1C. Requirements MS1 to MS40 relate only to development carried out on the site as so defined. Of the requirements in this paragraph only requirements MS1 to MS27 apply to Work No. 1A(a) to (c) (site preparation works).

(1) Reference No.	(2) Requirements
MS1	Ecology: wildlife mitigation measures - bat foraging
	(1) Before haul roads are brought into use, and before vegetation is removed to create gaps in hedgerows of over 10 metres, mitigation measures to maintain bat flight corridors across haul roads and along hedgerows shall be installed as set out in the Environmental Statement (Volume 2, chapter 20, paragraph 20.6.1). These mitigation measures shall be retained until replacement areas of bat habitat have been created or enhanced, in accordance with a scheme to be submitted to and approved by West Somerset District Council, in consultation with Natural England and Somerset County Council.
	(2) Notwithstanding the bat mitigation land secured by the site preparation permission section 106 Agreement – unless otherwise agreed by West Somerset District Council, Work Nos. 1A(d) to (p), 1B and 1C shall not commence until additional bat habitat creation and enhancement works to an additional area of 15ha, in a location agreed with Natural England, Somerset County Council, and the relevant planning authority, have been completed.
	(3) Unless otherwise agreed by the relevant planning authority, following consultation with Natural England and Somerset County Council, the bat habitat creation and enhancement works shall be carried out in accordance with the specification set out in the site preparation permission, Schedule A of “Further Clarification in Relation to Barbastelle Bats”, dated July 2011.
	(4) The bat habitat creation and enhancement works referred to in paragraph (2) and the bat mitigation secured by the site preparation permission section 106 agreement (identified on Plan 6 to that agreement) shall be retained until the earthworks and planting in the landscape restoration area have been completed in accordance with requirement MS28.
	(5) In this requirement, references to “the site preparation permission section106 agreement” refer to the agreement dated 27th January 2012 and made pursuant to section 106 of the 1990 Act between (1) West Somerset District Council, (2) Somerset County Council, (3) Sedgemoor District Council, (4) EDF Development Company Limited, (5) EDF Energy Nuclear Generation Company Limited, (6) Elizabeth Periam Acland Hood Gass (of the Fairfield Estate) and (7) NNB Generation Company Limited.
MS2	Air Quality Monitoring Scheme
	(1) Work Nos. 1A, 1B and 1C shall not commence until details of an air quality monitoring scheme has been submitted to and approved by West Somerset District Council. The details shall include—
	(a)	the methodology for monitoring continuous ambient particles (PM10, PM2.5 and Total Suspended Particles) and wind speed and direction, temperature, relative humidity and rainfall;
	(b)	monitoring locations, including sites at (or near to) Doggetts, Knighton Farm, Head Weir House (west of Wick Village) and Yellow Door Cottage (Shurton);
	(c)	arrangements for real-time logging of air quality over averaging periods of not less than 15 minutes, with remote interrogation and downloading;
	(d)	trigger levels, and arrangements for automatic notification to West Somerset District Council when these are exceeded;
	(e)	steps to be taken in the event that maximum hourly mean concentrations for PM10 of 200μg/m3 are exceeded;
	(f)	the identity of persons to carry out visual inspections in order to review the potential for dust nuisance and, in the event of dust nuisance complaints being made, to help quantify the actual or potential dust nuisance;
	(g)	the measures to ensure that any diesel fuel used on site shall be ultra-low sulphur diesel (ULSD) (<10mgS/kg).
	(2) The details of the air quality monitoring scheme may be revised from time to time, subject to the approval of West Somerset District Council. Monitoring under the approved air quality monitoring scheme shall begin not less than one month prior to the commencement of the development and the scheme shall be implemented throughout the construction of Work Nos. 1A, 1B and 1C and any subsequent landscaping and restoration works.
MS3	Drainage: Surface Water Monitoring
	(1) Work Nos. 1A(d) to (p), 1B and 1C shall not commence until a scheme for the monitoring and sampling, including phosphorus, of the Holford Stream, including up and downstream locations, has, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
	(2) The scheme shall be implemented in accordance with the approved details.
MS4	Groundwater: Monitoring
	(1) No development, including dewatering, shall commence until a scheme for the management and monitoring of groundwater levels and quality has, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
	(2) Details of the groundwater monitoring scheme may be revised from time to time, subject to the approval of West Somerset District Council, following consultation with the Environment Agency.
	(3) The scheme shall be implemented in accordance with the approved details throughout Work Nos. 1A, 1B and 1C.
MS5	Soil Management Measures
	Construction works at the site shall be carried out in accordance with methodology and measures set out in Sections 2 to 4 of the Soil Management Plan (Annex 3 of the Environmental Statement), unless otherwise agreed by West Somerset District Council.
MS6	Stockpiling
	(1) No stockpiling shall be permitted on the site until further details of stockpiling have, following consultation with the Environment Agency, been submitted to and approved by West Somerset District Council. Such further details shall comprise a materials stockpile plan which shows the location, composition, maximum dimensions, movement and duration of any stockpile that would be in place for longer than one year.
	(2) Any stockpiling on the site shall be carried out in accordance with the approved details referred to in paragraph (1).
MS7	Construction development
	(1) Buildings, structures, plant, equipment, uses, haul roads, construction hoardings and means of enclosure required in connection with construction works for the site shall be built and used in accordance with section 4.3 of the Construction Method Statement and construction parameter plan figure 4.6, unless otherwise approved by West Somerset District Council.
	(2) Notwithstanding paragraph (1) any means of enclosure of the site shall only be installed after it is safe to erect and maintain an appropriate means of marking the boundary of the site which is the subject of the Hinkley Point C Nuclear Site Licensing Licence Condition Arrangements – Assessment Report: ONR-CNRP-AR-12-129 revision 0 (20th November 2012).
	(3) For the avoidance of doubt, the construction works and associated plant and equipment south of the 144750mN site boundary (see requirement MS26) shall be limited to works associated with the emergency access road, the bridge over Bum Brook and landscape works.
	(4) Following completion of construction of Work No. 1A, all temporary structures, plant and equipment required for construction of the development shall be removed and landscape restoration works implemented in accordance with the details approved for MS26 and MS28.
MS8	Permanent fencing
	(1) No permanent security fences, walls or other means of enclosure shall be erected until details of their layout, scale and appearance, having regard to guidance document ‘Finding A Balance, Guidance on the Sensitivity of Nuclear and Related Information and its Disclosure’, Office of Nuclear Regulation (Office for Civil Nuclear Security), April 2005, have been submitted to and approved by West Somerset District Council.
	(2) No permanent fencing of Work No. 1A shall be erected unless in accordance with the approved details.
MS9	Construction noise
	(1) As determined at the façade of any dwelling, lawfully in existence at the date on which this Order is made, outside of Work No. 1A, the level of noise emitted from the site during the construction of Work No. 1A, including the removal of temporary construction development and landscape restoration works, 1B, 1C, 2A to 2H and TJ0 to TJ3 shall not exceed the following levels—
	(a)	Monday to Saturday—
		(i)	07.00 to 19.00: 65 dB LAeq, 1hour;
		(ii)	19.00 to 23.00: 60 dB LAeq, 1hour; and
		(iii)	23.00 to 07:00: 45 dB LAeq, 1hour, and 65 dB LAmax;
	(b)	Sundays and public holidays—
		(i)	07.00 to 19.00: 60 dB LAeq, 1hour;
		(ii)	19.00 to 23.00: 55 dB LAeq, 1hour; and
		(iii)	23.00 to 07:00: 45 dB LAeq, 1hour, and 65 dB LAmax.
	(2) The noise level restriction referred to in paragraph (1)(a)(i) shall apply except for specific, short duration construction or demolition activities during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. A scheme for notifying local residents shall be submitted to and approved by West Somerset District Council before the increased noise threshold is applied. Notice of the application and duration of the increased threshold shall be given to West Somerset District Council and to local residents, in accordance with the approved scheme, at least 48 hours before the increased threshold is applied. The number and duration of occasions on which the increased noise threshold is applied shall be limited to those approved by West Somerset district Council.
	(3) Monitoring of the noise levels during construction of the development shall be carried out pursuant to the details approved pursuant to requirement MS11.
MS10	Prohibition of Construction Activities
	The following construction activities shall be prohibited between the hours of 23:00 and 07:00—
	(a)	construction of the emergency access road and its bridge over Bum Brook;
	(b)	landscaping works south of the 144750mN site boundary;
	(c)	rock ripping and crushing associated with deep excavations; and
	(d)	construction of the HPC Accommodation Campus (Work No. 3).
MS11	Noise Monitoring Scheme
	(1) Work Nos. 1A, 1B and 1C shall not commence until a noise monitoring scheme for the site has been submitted to and approved by West Somerset District Council. The noise monitoring scheme shall set out details of—
	(a)	a methodology for monitoring noise to ensure compliance with Requirement MS10;
	(b)	the location of representative monitoring points outside residential properties;
	(c)	the frequency and format of reporting monitoring information to West Somerset District Council; and
	(d)	contingency measures to be taken if noise limits specified in requirement MS10 are exceeded.
	(2) The details of the noise monitoring scheme may be revised from time to time, subject to the approval of West Somerset district Council.
	(3) The noise monitoring scheme as approved shall be implemented for the duration of construction of Work Nos. 1A, 1B and 1C, and throughout any subsequent site restoration and landscaping.
MS12	Operational Noise
	When measured at the façade of any dwelling, legally in existence at the date on which this Order is made, between 23:00 and 07:00 hours, operational noise from the proposed power station shall not exceed 45 dB LAeq, 1 hour.
MS13	Construction lighting
	Installation of external construction lighting shall be carried out in accordance with the Construction Lighting Strategy, Appendix A3 of the Construction Method Statement submitted on the 31st October 2011.
MS14	Construction workforce parking
	During the construction of Work No. 1A, the number of car and minibus parking spaces for the HPC construction workforce at the site shall not exceed 200 spaces for construction workers and a further 100 spaces for business visitors, VIP visitors, disabled parking and bus parking for the Public Information Centre, unless otherwise approved by West Somerset District Council.
MS15	Operational Car Parking
	(1) Car parking for HPC operational staff shall not exceed 430 spaces, excluding spaces allocated for disabled HPC operational staff, unless otherwise agreed by West Somerset District Council.
	(2) Car parking for the Public Information Centre shall be operated in accordance with the details approved pursuant to MS40.
	(3) Car parking associated with the Training and Simulator Building and Outages and maintenance shall be operated in accordance with the details approved pursuant to MS39.
MS16	Building design
	(1) Construction of the Interim Spent Fuel Store (comprised in Work No. 1A(g)), including associated ancillary plant, shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plans HINK-A2-HHK-00-GP-000 (Rev 01), HINK-A2-HHK-00-GE-001 (Rev 01) and HINK-A2-HHK-00-GE-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS17	Access Control Building
	(1) Construction of the Access Control Building (comprised in Work No. 1A(g)) shall not commence until details of the layout, scale and external appearance of that building have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A2-HUD-00-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS18	Auxiliary Feedwater Storage Buildings
	(1) Construction of the Auxiliary Feedwater Storage buildings (comprised in Work No. 1A(d)(ii) and (e)(ii) shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plans HINK-A2-HSB-01-GA-001 (Rev 01), HINK-A2-HSB-02-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS19	Service Access Buildings
	(1) Construction of the Service Access Buildings (comprised in Work No. 1A(h)) shall not commence until details of the layout, scale and external appearance of those buildings have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A1-SL-00-GA-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS20	Sewage Treatment Plant
	(1) Construction of the Sewage Treatment Plant (comprised in Work No. 1A(f)) shall not commence until details of the scale and external appearance of that plant have been submitted to West Somerset District Council for approval.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A2-STP-00-GA-001 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS21	Meteorological Station Mast
	(1) Construction of the Meteorological Station Mast (comprised in Work No. 1A(h)) shall not commence until details of the siting, scale and external appearance of that mast have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in accordance with parameter plan HINK-A1-SL-00-GA-002 (Rev 01) and chapters 6 and 9 of the HPC development site Design and Access Statement.
	(3) The works shall be carried out in accordance with the approved details.
MS22	Bridge
	(1) Construction of Work No. 1A(p) (Bridge over Bum Brook) shall not commence until details of the siting, design and appearance of the bridge have been submitted to and approved by West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in general accordance with chapters 6 and 9 of the HPC development site Design and Access Statement and, as set out in section 8.5.50 of the HPC development site Flood Risk Assessment, the soffit level of the bridge shall be no lower than 21.2m above ordnance datum, unless otherwise approved by West Somerset District Council.
	(3) The works shall be carried out in accordance with the approved details.
MS23	Emergency Access Road
	(1) Construction of the Emergency Access Road (Work No. 1A(p)) shall not commence until details of its proposed siting, layout and horizontal alignment have been submitted for approval to West Somerset District Council.
	(2) The details referred to in paragraph (1) shall be in general accordance with section 7.23 and Figure D.17 of the HPC development site Design and Access Statement and 8.5.50 of the HPC development site Flood Risk Assessment.
	(3) The works shall be carried out in accordance with the approved details.
MS24	Security
	(1) No CCTV columns and mountings shall be installed on the perimeter fence unless and until details of their siting and scale, having regard to guidance document ‘Finding A Balance, Guidance on the Sensitivity of Nuclear and Related Information and its Disclosure’, Office of Nuclear Regulation (Civil Nuclear Security), April 2005, have been submitted to and approved by West Somerset District Council.
	(2) The works referred to in (1) shall be carried out in accordance with the approved details, unless otherwise agreed by West Somerset District Council.
MS25	Landscape works: permanent development site
	(1) Within 6 months of Unit 1 entering operation a landscape scheme for the permanent development site shall be submitted to and approved by West Somerset District Council. Unit 2 shall not enter operation before this landscaping scheme has been approved. The landscape scheme shall be developed in accordance with the principles established in the HPC development site Design and Access Statement, Site Layout Plan (Operational) (Ref: HINK-A1-SL-00-GA-010) and the Site Drainage Strategy (Appendix 2A, Volume 2 of the Environmental Statement) and must include details of proposed landscape works, including—
	(a)	soft landscape details;
	(b)	hard surfacing materials, including siting of the helipad;
	(c)	proposed finished ground levels;
	(d)	vehicular and pedestrian access, parking and circulation areas;
	(e)	street furniture, refuse or other storage units; and
	(f)	an implementation timetable for works.
	(2) The landscape works shall be carried out in accordance with the approved landscape scheme referred to in paragraph (1) and in accordance with the relevant recommendations of appropriate British Standards.
MS26	Landscape works: advanced planting south of 144750mN
	(1) No development in the area marked ‘advanced landscape works brought forward pursuant to MS15’ on HPC Development Site Works Plans, Clarification of Requirements (Ref: HP/WP/REQ/01) (submitted 6th August 2012) shall commence until a landscape scheme has, following consultation with Natural England, been submitted to and approved by West Somerset District Council. The landscape scheme shall be developed in general accordance with the principles set out in section 2.2 of the HPC development site Landscape Strategy. The landscape scheme shall include details of all proposed landscape works, including—
	(a)	location, number, species, size and planting density of any proposed planting;
	(b)	cultivation, importing of materials and other operations to ensure plant establishment;
	(c)	proposed finished ground levels;
	(d)	pedestrian footpaths / bridleways and circulation areas;
	(e)	details of existing trees to be retained, with measures for their protection during the HPC construction works; and
	(f)	plant establishment, maintenance and management arrangements.
	(2) Work No. 3 (HPC Accommodation Campus) shall not be brought into use until the landscape works referred to in paragraph (1)(c) to (e) have been be completed. Planting, referred to in paragraph (1)(a) to (b), shall be implemented in the first available planting season thereafter.
	(3) No landscape works shall be undertaken other than in accordance with the approved details and in accordance with the relevant recommendations of appropriate British Standards.
MS27	Landscape Works: North-West Bund
	(1) No part of the superstructure of any building or structure shall be constructed in Area A identified on drawing HP/WP/REQ/MS15A until the earthworks associated with the north-west bund have been completed.
	(2) Unless otherwise approved by West Somerset District Council, screen planting of the bund in accordance with the details approved pursuant to Condition SP23 of the site preparation permission shall be undertaken in the first available planting season (November to March inclusive), following completion of the earthworks referred to in paragraph (1), in accordance with the heights and specification shown on the HEO Environmental Statement Clarification Figures 11.1, 11.2 (Rev 2), 11.3 (Rev 2), 11.4 (Rev 2), 11.5 (Rev 1) and 11.6 (November 2011) to provide a screen height generally at 23.0m above ordnance datum.
	(3) If during the construction of Work No. 1A any tree or shrub is removed, dies or becomes seriously damaged or diseased it shall be replaced with plants to the specification referred to in paragraph (2) during the next available planting season as required.
	(4) The north-west bund and associated planting shall be maintained for the duration of construction at Work No. 1A, or in accordance with the approved timetable for landscape restoration works approved under MS28.
MS28	Landscape works: landscape restoration
	(1) Within six months of Unit 1 entering operation, a landscape scheme for the landscape restoration area shall, following consultation with Natural England, be submitted for the approval of West Somerset District Council. Unit 2 shall not enter operation until this landscaping scheme has been approved. The landscape scheme shall be in general accordance with sections 3 and 4 of the Hinkley Point C Landscape Strategy and must include details of—
	(a)	location, number, species, size and planting density of any proposed planting;
	(b)	cultivation, importing of materials and other operations to ensure plant establishment;
	(c)	proposed finished ground levels;
	(d)	hard surfacing materials;
	(e)	vehicular and pedestrian access, parking and circulation areas;
	(f)	landscape maintenance buildings, street furniture, refuse or other storage units;
	(g)	details of existing trees to be retained, with measures for their protection during the implementation of the landscape works;
	(h)	removal and restoration proposals for the north-west bund and the HPC Accommodation Campus (Work No. 3);
	(i)	plant establishment, maintenance and management arrangements;
	(j)	implementation timetable for the landscape works, including details of the phased removal of temporary construction related development; and
	(k)	removal and restoration proposals for the HPC Accommodation Campus (Work No. 3).
	(2) The landscape works must be carried out in accordance with the approved landscape scheme referred to in paragraph (1) and in accordance with the relevant recommendations of appropriate British Standards.
MS29	Permanent lighting
	(1) Installation of external lighting at the site shall be installed in accordance with the HPC Operational Lighting Strategy, Volume 2 of the Environmental Statement, Appendix 2B, save to the extent permitted by paragraph (2).
	(2) Further or revised lighting details may, after consultation with the highway authority, be submitted to and approved by West Somerset District Council.
	(3) The approved lighting scheme shall be implemented and maintained during operation of development on the permanent development site.
MS30	Surface water drainage
	(1) Work Nos. 1A(d) to (p), 1B and 1C shall not commence until details of the surface and foul water drainage system (including management and maintenance arrangements, means of pollution control, sewage treatment works and a programme of construction and implementation) for those works have, after consultation with the Environment Agency and the drainage authority, been submitted to and approved by West Somerset District Council. The surface and foul water drainage proposals shall be based on sustainable drainage principles and in accordance with the Site Drainage Strategy (Appendix 2A, Volume 2 of the Environmental Statement).
	(2) The surface and foul water drainage system for that relevant part must be constructed and maintained in accordance with the approved details.
MS31	Coastal path
	(1) Following completion of construction of the sea wall, when it is safe to do so (as determined by the undertaker in consultation with Somerset County Council and West Somerset District Council) and in accordance with any footpath implementation plan prepared pursuant to article 16, the coastal path shall be reopened.
	(2) Before the coastal path is reopened, the undertaker shall, following consultation with West Somerset District Council and the highway authority, prepare and publish proposals for safety provisions relating to the coastal path.
	(3) The coastal path shall be managed in accordance with the details referred to in paragraph (2).
MS32	Signage
	(1) Except for signage which the undertaker is permitted to erect by virtue of the Town and Country Planning (Control of Advertisement) Regulations 2007, no further signage shall be erected on the site until details of the location, size, colour, projection and method of any illumination have been submitted to and approved by West Somerset District Council.
	(2) Signage referred to in paragraph (1) shall be implemented in accordance with the approved details.
MS33	Emergency Flood Planning
	During the construction and operation of Work No. 1A, the arrangements for emergency flood planning shall be carried out in accordance with section 10.7 of the HPC development site Flood Risk Assessment, including the use of the Environment Agency’s Flood Warning service, emergency access routes into site and flood management measures in time of flood (e.g. signage of traffic diversions).
MS34	Limitations on Helipad Use
	(1) Excluding flights associated with the official opening ceremony, flights providing emergency services and flights of the Ministry of Defence, the number of flights using the HPC helipad and associated with the authorised project shall be restricted to a maximum of 12 two-way flights per calendar year, unless otherwise agreed by West Somerset District Council.
	(2) No flights associated with the authorised project except those providing emergency services shall land or take-off from the HPC helipad except between the hours of 08:00 and 21:00 Monday to Saturday (excluding public holidays).
MS35	Helicopter Restrictions
	Non-emergency helicopter landings, take-offs and stationing associated with the authorised project shall only take place within the confines of the HPC helipad.
MS36	Recording of Helicopter Flights
	(1) Details of all non-emergency flights (and, so far as practicable, emergency flights) to and from the site shall be recorded and such records shall be kept for a minimum of two years from the date of each flight. The record of each flight shall include the origin and destination, times of touchdown and take-off, helicopter type and registration, and purpose of the trip and shall be kept for a minimum of two years from the date of the flight.
	(2) These records shall be made available for inspection and sent to West Somerset District Council within 7 days of a request being made by West Somerset District Council.
MS37	Sea Wall
	The crest level of the Sea Wall (Work No. 1A(o)) shall not be lower than 13.5m above ordnance datum (N).
MS38	Use of Adjacent Land
	Notwithstanding the provisions of the 1995 Order, no land outside but adjoining the site shall be used for the provision of temporary buildings, works, plant or construction machinery required for the development hereby authorised, unless the approval of the relevant planning authority has first been obtained.
MS39	Operational Travel Plan: HPC generating station
	(1) The HPC operational car park shall not be used by HPC staff for the operation of the HPC generating station until an operational travel plan has, after consultation with Somerset County Council and Sedgemoor District Council, been submitted to and approved by West Somerset District Council.
	(2) The approved travel plan referred to in paragraph (1) shall be implemented as approved, unless otherwise agreed by West Somerset District Council.
MS40	Operational Travel Plan: HPC Public Information Centre
	(1) The Public Information Centre (comprised in Work No. 1A(i)) shall not be brought into use until a travel plan for the Public Information Centre has, after consultation with the highway authority and Sedgemoor District Council, been submitted to and approved by West Somerset District Council.
	(2) The approved travel plan referred to in paragraph (1) shall be implemented as approved, unless otherwise agreed by West Somerset District Council.