Article 2
SCHEDULE 2REQUIREMENTS
Interpretation
1. In this Schedule—
“approved development plans” means the following plans as certified by the Secretary of State for the purposes of this Order—
HE092631/0/A197/01/07 Rev.P – Scheme Proposals;
HE092631/0/A197/01/51 Rev.A – Northgate Roundabout Potential Traffic Management Phasing;
HE092631/0/A197/01/56 Rev.D – Site Set-up and Bulk Earthworks Strategy;
HE092631/0/A197/01/57 – St. Leonard’s Grade Separated Junction: Construction Traffic Management Phases;
HE092631/0/A197/01/66 Rev.D – Proposals for Public Rights of Way and Other Paths, sheet 1 of 2;
HE092631/0/A197/01/67 Rev.D – Proposals for Public Rights of Way and Other Paths, sheet 2 of 2;
HE092631/0/A197/01/80 Rev.D – Scheme Proposals: Drainage Networks and Key Plan;
HE092631/0/A197/01/84 Rev.F – Environmental Strategy;
HE092631/0/A197/01/85 Rev.B – Typical Cross Sections;
HE092631/0/A197/01/93 Rev.C – Construction Outlines;
HE092631/0/A197/01/130 – Traffic Management during Construction;
HE092631/0/A197/20/01 Rev.C – Existing Public Utilities Apparatus;
HE082631/2/A197/B2/02 Rev.C – St. Leonard’s Underpass Plan Layout and Details;
HE092631/2/A197/B3/07 Rev.C – Cotting Burn Bridge General Arrangement;
HE092631/2/A197/B4/07 Rev.B – Fulbeck Lane Bridge Plan, Section, Detail and Elevation;
HE092631/2/A197/B5/16 Rev.C – How Burn Wood Bridge General Arrangement;
HE092631/2/A197/B8/01 Rev.A – West Lane End Farm General Arrangement; and
HE092631/SL/0027/ENV Rev.A – Preliminary Lighting Proposals;
“CEMP” means a Construction Environmental Management Plan, substantially in the form of Revision 3 (dated February 2014) of the draft Construction Environmental Management Plan, certified by the Secretary of State for the purposes of this Order; and
“the link road” means the new highway forming part of the authorised development described in Work No. 1.
Approvals of submitted schemes
2.—(1) Where, under any of the requirements in this Schedule, the approval or agreement of the relevant planning authority is required—
(a)the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and
(b)the approval or agreement must be given in writing.
(2) Where any requirement provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved or agreed by the relevant planning authority, the approved or agreed details, scheme, plan or other document is taken to include any amendments or revisions subsequently approved or agreed by the relevant planning authority.
(3) Where any requirement specifies “unless otherwise approved by the relevant planning authority” such approval must not be given except in relation to minor or immaterial changes where the subject-matter of the approval sought (either by itself or in combination with other changes or proposed changes) is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement and such an approval must not be given in respect of any land outside the Order limits.
(4) The relevant planning authority must take into account the relevant mitigation and other measures described in the environmental statement before giving any approval or agreement under any of the requirements in this Schedule and such an approval or agreement must incorporate the mitigation measures and must not be given in respect of any land outside the Order limits.
(5) The relevant planning authority must take into account the relevant mitigation and other measures described in the CEMP before giving any approval or agreement under any of the requirements in this Schedule and such an approval or agreement must not be given in respect of any land outside the Order limits.
The Construction Environmental Management Plan
3.—(1) The authorised development must not commence until the CEMP has been submitted to and approved by the relevant planning authority.
(2) In accordance with the requirements of the environmental statement, the CEMP must include—
(a)a framework to identify and manage the environmental issues from the authorised development;
(b)measures to ensure nuisance levels as a result of the authorised development are kept to a minimum;
(c)measures to comply with regulatory requirements and environmental commitments;
(d)a programme for compliance auditing and inspection; and
(e)measures to ensure that the project is carried out in line with Northumberland County Council’s environmental principles and policies.
(3) The CEMP must cover the following topics—
(a)public relations and complaints;
(b)air quality;
(c)archaeology and cultural heritage;
(d)ecology and nature conservation;
(e)landscape and visual effects;
(f)land use including a soil management plan;
(g)noise and vibration;
(h)pedestrians, cyclists, equestrians and the local community;
(i)the water environment;
(j)geology and soils;
(k)vehicular traffic; and
(l)waste, including a site waste management plan.
(4) The CEMP must describe measures and processes to meet the requirements of the mitigation described in the environmental statement to be implemented during construction of the authorised development.
(5) In the event of changes in environmental legislation, best practice or lessons learned that are relevant to the authorised development during its construction, a revised CEMP reflecting those changes must be submitted to the relevant planning authority for approval.
(6) Subject to sub-paragraph (7) construction is to take place only in accordance with the CEMP as approved from time to time.
(7) The requirements of this Schedule prevail in the event of any conflict with any provision of the CEMP.
Detailed design
4. The authorised development must not be carried out otherwise than in accordance with the approved development plans.
External Materials
5. No development is to take place until samples of the materials to be used in the construction of the external surfaces of the approved development have been approved in writing by the relevant planning authority. Development must be carried out only in accordance with the approved details.
St. Leonard’s junction
6.—(1) The authorised development must not commence until details of the design of the proposed St. Leonard’s all movements grade separated junction together with linking slip roads to access and egress the A1 trunk road referred to as Work No. 1(x) of Schedule 1 (authorised development) have been submitted to and approved in writing by the Secretary of State for Transport.
(2) The highway works approved in accordance with sub paragraph (1) must be completed in accordance with the approved details and the CEMP.
Landscaping and biosecurity
7.—(1) The authorised development must not commence until a detailed scheme for the landscaping of the land within the Order limits, taking into account the environmental statement and the CEMP, has been submitted to and approved by the relevant planning authority.
(2) The detailed landscape scheme must apply the Environmental Strategy (approved development plan HE092631/0/A197/01/84 Rev.F) and the planting proposals presented in Appendix 8.1 of the environmental statement. The landscaping scheme must include details of the following—
(a)the final soil profiles and contours of the land within the Order limits;
(b)provision for the reinstatement of watercourses and surface drainage;
(c)the final field pattern to be achieved, including details of hedges, walls, fences, gates and access tracks;
(d)a tree, shrub, hedge and marginal planting specification giving details of the phasing, area, distribution, type and density of planting throughout the land within the Order limits, the timing of planting, and requirements as to the future maintenance of the planted trees, shrubs, hedges and marginal planting;
(e)a specification giving details of seed mixes for grassland areas and their future maintenance;
(f)details of timescales for completion of the landscaping works described by sub-paragraphs (a) to (e); and
(g)a specification to minimise erosion and weed infestation of all mounds in which soils are to be stored for more than 6 months, or over the winter period.
(3) The requirements of the approved landscape scheme must be complied with in carrying out the authorised development.
(4) No excavation works, soil stripping or any movement of soils forming part of or associated with the authorised development are to be begun until details of a scheme to prevent the spread of any soil borne plant or animal diseases has been submitted to and approved in writing by the relevant planning authority in consultation with the Department for Environment Food and Rural Affairs.
(5) Afterwards, excavation works, soil stripping and any movement of soil forming part of or associated with the authorised development must be undertaken only in accordance with the scheme approved under sub-paragraph (4).
(6) The following provisions must be applied throughout the construction of the authorised development—
(a)no topsoil or subsoil is to be transported from the land within the Order limits unless otherwise approved by the relevant planning authority;
(b)all topsoils, subsoils and other soil-making materials must be stored, according to their quality, in separate mounds which do not overlap and a minimum stand-off distance of 3.0 metres must be left undisturbed between topsoil mounds and perimeter ditches or fencing;
(c)once formed, all mounds in which soils are to be stored for more than 6 months, or over the winter period, must be grass seeded in accordance with the specification to minimise erosion and weed infestation approved by the relevant planning authority in accordance with sub-paragraph (2)(g); and
(d)within 3 months of the formation of topsoil, subsoil and soil making material mounds, a plan indicating the areas stripped of such materials, location of each mound and balancing the quantities of material stored with the proposed depth and texture of the soil profile to be replaced following restoration works must be submitted for approval to the relevant planning authority and the restoration works must be carried out in accordance with the approved plan.
Trees and hedgerows
8.—(1) The authorised development must not commence until a tree survey has been carried out and a tree survey report has been submitted to and approved by the relevant planning authority.
(2) The tree survey must be carried out to British Standard 5837:2012 – “Trees in relation to design, demolition and construction – Recommendations”.
(3) The tree survey must include all trees greater than 75 millimetres in diameter at 1.5 metres above ground level, within 50 metres of the highway boundary of the scheme, as shown on the street plans.
(4) The tree survey report must describe the trees that have been surveyed and provide recommendations and plans for tree protection measures consistent with British Standard 5837:2012.
(5) The authorised development must be carried out in accordance with the recommendations and plans in the approved tree survey report.
(6) No hedge, hedgerow or tree is to be removed between 1 March and 31 August (31 October in barn owl sensitive areas) inclusive in any year unless otherwise approved by the relevant planning authority in consultation with a qualified ecologist.
Public rights of way
9. A stile, of a design approved by the relevant planning authority, must be provided at the south-eastern end of the diverted Public Footpath No. 13.
Fencing and other means of enclosure
10.—(1) The authorised development must not commence until details of all proposed permanent and temporary fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority.
(2) The construction sites within the authorised development must remain securely fenced at all times during construction of the authorised development.
(3) Any temporary fencing must be removed on completion of the authorised development.
(4) Any approved permanent fencing forming part of the authorised development must be completed before the link road is opened to public traffic.
Drainage and water pollution post-construction
11.—(1) The authorised development must not be commenced until a surface water drainage scheme detailing how flood risk will be managed, how highway runoff will be treated before being discharged to a watercourse and the spillage protection measures to be provided has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.
(2) The measures stipulated in the approved surface water drainage scheme must be completed before the link road is opened to public traffic, and subsequently retained.
(3) The surface water drainage scheme must include—
(a)compliance with the Flood Risk Assessment and the following—
(i)a 1 in 2 year return period storm, with storage and attenuation to accommodate a 1 in 100 year return period storm without flooding outside the system or the designated storage areas;
(ii)discharges to watercourses to be greenfield runoff rates not greater than 4 litres per second per hectare; where they coincide with existing flows then the discharge rate must be the sum of the greenfield runoff and the existing flow; and
(iii)climate change allowance of +30% for the scheme lifetime;
(b)details of the drainage measures to be provided to manage flood risk;
(c)details of measures to treat highway runoff from the authorised development to avoid pollution of receiving watercourse;
(d)details of measures to protect receiving watercourses from spillages of pollutants on the link road;
(e)measures to prevent the infiltration of highway runoff into the ground;
(f)details of measures to manage overland flow intercepted by the authorised development; and
(g)details of how the measures in the surface water drainage scheme are to be maintained and managed after completion of the authorised development.
(4) For the purposes of this requirement, the expression “highway runoff” means water runoff from the surface of the completed link road, A1 trunk road within the Order limits, and their embankments.
Surface water drainage during construction
12.—(1) The authorised development must not be commenced until a construction surface water drainage scheme for the authorised development has been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.
(2) In accordance with chapter 13 of the environmental statement, the approved construction surface water drainage scheme must include—
(a)a construction site drainage plan; and
(b)a construction sediment management plan.
(3) The construction site drainage plan mentioned in paragraph (2) must stipulate measures to ensure that flood risk is managed on the land within the Order limits and to prevent the unacceptable increase of the flood risk elsewhere. The plan must include—
(a)measures to ensure that all discharge rates to neighbouring watercourses will be restricted to existing greenfield runoff rates unless otherwise agreed by the relevant planning authority in consultation with the lead local flood authority;
(b)details of the drainage measures to be provided during the construction period to manage flood risk; and
(c)details of the timescales for carrying out the measures in the scheme.
(4) The construction sediment management plan mentioned in paragraph (2) must stipulate measures for the management of sediments suspended in or otherwise transported by runoff originating from construction of the authorised development. The plan must include details of pollution prevention measures that will be taken to protect ground and surface water quality.
(5) The works required by the approved construction surface water drainage scheme must be completed in accordance with the timescales specified in the scheme and (where required by the scheme) implemented throughout construction of the authorised development.
Watercourse crossings
13.—(1) The authorised development must not be commenced until details of the proposed structures for the crossing of How Burn and Cotting Burn, taking into account the requirements of the environmental statement and the CEMP, have been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.
(2) The watercourse crossings of the How Burn and the Cotting Burn are to be constructed as approved.
Contamination
14.—(1) If, during the construction of the authorised development, contaminated land not previously identified in the environmental statement is found within the Order limits then no further works or actions relating to the authorised development are to be engaged or carried out (unless otherwise approved by the relevant planning authority) until an investigation and remediation scheme has been submitted to and approved by the relevant planning authority; and the scheme must include details of—
(a)how the contaminated land is to be identified and assessed;
(b)where remediation is required by the scheme, the remediation measures;
(c)timescales for carrying out the remediation measures; and
(d)any ongoing monitoring or mitigation requirements.
(2) Where remediation measures are required by the investigation and remediation scheme then the remediation measures must be carried out no later than the times stipulated in the investigation and remediation scheme and in accordance with the investigation and remediation scheme.
(3) In this requirement, expressions used both in this requirement and section 78A (preliminary) of the Environmental Protection Act 1990(1) have the same meaning as in that section.
15. Oil, petrol, diesel oil, lubricant or paint is only to be stored on the land within the Order limits within impervious bunds or enclosures and each bund or enclosure must have a volume of not less than 110% of the volume of the material stored.
Archaeology
16.—(1) The authorised development must not commence until a programme of mitigation of the scheme’s effects on archaeology and heritage assets, in accordance with mitigation items 34 to 38 of the CEMP, including assessment of the evaluation excavations that have taken place, has been submitted to and approved by the relevant planning authority.
(2) The approved programme of mitigation must comprise 3 stages of work. Each stage must be completed and approved by the relevant planning authority before it can be discharged. In particular—
(a)no authorised development or mitigation is to commence until a written scheme of investigation, compliant with the CEMP, has been submitted to and approved by the relevant planning authority;
(b)archaeological recording required by the CEMP must be completed in accordance with the approved written scheme of investigation no later than completion of the topsoil and subsoil strip; and recording of the earthworks must be completed before the start of construction; and
(c)all analysis reporting publication and archiving must be completed in accordance with the approved written scheme of investigation no later than 6 months following completion of fieldwork.
(3) Photographic records of the settings of the 3 heritage assets, identified in table 6.7 “Residual Operational Effects” in chapter 6 of the environmental statement, must be made in accordance with the written scheme of investigation and a summary report issued to the relevant planning authority before any works affecting the settings of those heritage assets is commenced.
(4) The authorised development must not commence until a fencing scheme to ensure that all areas of archaeological earthworks (including ridge and furrow earthworks) are protected from accidental damage throughout the construction of the authorised development has been submitted to and approved by the relevant planning authority.
(5) The fencing required by the approved fencing scheme must be erected before the construction of the link road is commenced and kept in good repair throughout the construction of the authorised development.
Construction traffic
17.—(1) The authorised development must not commence until a detailed traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority for the highway in question.
(2) The approved traffic management plan must include details of the preferred routing for all delivery and construction traffic as shown on approved development plans HE092631/0/A197/01/51 Rev.A, HE092631/0/A197/1/56 Rev.D, HE092631/0/A197/01/57 and HE092631/0/A197/01/130, a schedule and timing of vehicular movements, details of escorts for abnormal loads, the form of the notices mentioned at sub-paragraph (3) and details of any temporary directional and warning signage to be installed.
(3) The approved traffic management plan must provide that notices in a form approved by the relevant planning authority are to be installed and maintained throughout the construction of the authorised development at every entrance and exit to or from the land within the Order limits indicating to drivers the route specified in the traffic management plan for traffic entering and leaving the land within the Order limits.
(4) The approved traffic management plan must be complied with throughout the construction of the authorised development.
Turning facilities
18.—(1) The authorised development must not commence until a scheme which provides details of turning facilities for all vehicles accessing the land within the Order limits during the construction of the authorised development, including abnormal loads but excluding traffic following routes which are signed for public use, has been submitted to and approved by the relevant planning authority in consultation with the highway authority and such turning facilities must enable all vehicles to enter and leave the highway in a forward direction.
(2) The turning facilities scheme must include a swept path analysis of the proposed turning facilities.
(3) The turning facilities must be provided in accordance with the approved scheme before the construction of the link road is commenced and must be maintained, kept clear of obstruction and available to all vehicles at all times throughout the construction of the authorised development.
Control of noise during construction of the authorised development
19.—(1) The authorised development must not commence until a scheme for noise management during the construction of the authorised development has been submitted to and approved by the relevant planning authority.
(2) Taking into account the requirements of chapter 10 of the environmental statement and the CEMP (mitigation items 100 to 116), the scheme for noise management during the construction of the authorised development must set out the particulars of—
(a)the construction of the authorised development and the methods by which it is to be carried out;
(b)the noise attenuation measures to be taken to minimise noise resulting from the construction of the authorised development, including any noise limits; and
(c)the measures for monitoring the noise emitted by the carrying out of the authorised development to ensure compliance with the noise limits and the effectiveness of the attenuation measures.
(3) The authorised development must be undertaken in accordance with the approved noise management scheme.
Construction hours
20.—(1) Works or activities forming any part of the authorised development must not take place on Sundays or public holidays or other than between 0800 and 1800 hours on weekdays or other than between 0800 and 1300 hours on Saturdays, unless otherwise approved by the relevant planning authority.
(2) Nothing in paragraph (1) precludes a start-up period from 0700 to 0800 hours and a shut-down period from 1800 to 1900 hours on weekdays, excluding public holidays. During the start-up period and the shut-down period, no activity must take place on the site that is audible at the site boundary.
(3) Exceptionally, short-term works outside the normal permitted hours and days may be agreed with the relevant planning authority or permitted under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(2) and the conditions attached to any consent must be complied with.
Control of dust emissions
21.—(1) The authorised development must not commence until a scheme for the management and mitigation of dust emissions caused by the carrying out of the authorised development has been submitted to and approved by the relevant planning authority; and the approved scheme for the management and mitigation of dust must be in accordance with the requirements of the environmental statement and the CEMP.
(2) The approved scheme for the management and mitigation of dust emissions must be implemented throughout the construction of the authorised development.
Control of artificial light emissions
22.—(1) The authorised development must not commence until a written scheme for the management and mitigation of artificial light emissions during the construction and operation of the authorised development, taking into account the requirements of the environmental statement and the CEMP in order to protect sensitive receptors, has been submitted to and approved by the relevant planning authority.
(2) The authorised development must be undertaken in accordance with the approved scheme for the management and mitigation of artificial light emissions.
Control of deposits on highways
23.—(1) The authorised development must not commence until a scheme to minimise the deposit of mud, stone, gravel or other debris or materials by any vehicles entering a public road from elsewhere on land within the Order limits has been submitted to and approved by the relevant planning authority in consultation with the highway authority and the Highways Agency.
(2) The approved scheme must include details of the provision, locations, maintenance and use of wheel wash and vehicle body washing equipment within the land within the Order limits throughout the construction of the authorised works.
(3) All vehicles entering a public road from elsewhere on the land within the Order limits must be cleaned or otherwise treated in accordance with the approved scheme.
Protected species and nature conservation during construction
24.—(1) The authorised development must not commence until a Construction Ecological Management Plan (describing the protective measures to be implemented for wildlife species and habitats protected by law and taking into account the requirements of the CEMP and the environmental statement) has been submitted to and approved by the relevant planning authority.
(2) The Construction Ecological Management Plan must include—
(a)a summary of the scheme location, description and timing of construction works, and potential impacts as described in the environmental statement;
(b)a map and record of checking surveys for protected species within the land within the Order limits;
(c)method statements for pre-construction surveys (to include: bats, red squirrel, reptiles, barn owl, water vole, otter, and badgers);
(d)details of ecological mitigation, including timing and working techniques, to minimise the risk of adversely affecting any protected species or habitats identified within the land within the Order limits and confirmed as requiring protection through legislation or following best practice guidance prevailing at the time of construction;
(e)a description of proposals for ecological and species monitoring; and
(f)details of the mitigation measures to be implemented for wildlife species and habitats protected by law (barn owl, bats, otters, breeding birds, badgers, and any other protected species or habitat identified during pre-construction surveys and not identified previously as requiring mitigation) which have been submitted to and approved by the relevant planning authority.
(3) The map and record of checking surveys for protected species mentioned in sub-paragraph (1)(b) must derive from information which is not more than 2 years old at the time when the Construction Ecological Management Plan is submitted to the relevant planning authority.
(4) The authorised development is to take place only in accordance with the approved Construction Ecological Management Plan.
Protected species and nature conservation post construction
25.—(1) The authorised development must not commence until an Operational Ecological Management Plan (“OEMP”) has been submitted to and approved by the relevant planning authority. The OEMP must include a description of all the mitigation and enhancement measures to be provided for wildlife species and habitats protected by law as described by the environmental statement. The approved details must include:
(a)the provision of appropriate alternative bat roosts and mitigation as described by the environmental statement and enforced by licences issued by Natural England;
(b)details of a mammal tunnel constructed beneath the new bypass near Pegswood Moor, as described by the environmental statement;
(c)details of appropriately designed mammal ledges through new crossing structures of How Burn and Cotting Burn;
(d)details of an artificial otter holt at a suitable location close to How Burn;
(e)the provision of suitable barn owl boxes;
(f)details of fencing to be erected around the new development to prevent deer, badger and otters crossing the carriageway;
(g)details of proposed habitat enhancement; and
(h)a programme for monitoring and management of mitigation and enhancement measures for a period of 3 years after the first date of opening of the authorised development.
(2) The OEMP must be based on a record of checking surveys for protected species (including bats, red squirrel, reptiles, barn owl, water vole, otter, and badgers) which is not more than 2 years old at the time when the details of the mitigation and enhancement measures are submitted to the relevant planning authority.
(3) Measures identified in the approved OEMP must be implemented as described in the approved OEMP.
Land maintenance
26. From the commencement of the authorised development until its completion, the following are to be carried out throughout the land within the Order limits—
(a)the maintenance of fences in a stock-proof condition between any areas used for the authorised development and any adjoining agricultural land;
(b)the retention of fencing around trees and hedgerows; and
(c)all areas including stacks of soil and overburden to be kept free of weeds.
Site compounds
27.—(1) The authorised development must not commence until details of each site compound, including areas for the storage of materials and machinery, operative parking within the land within the Order limits and proposals and timetables for the restoration of the site compounds upon completion of construction have been submitted to and approved by the relevant planning authority.
(2) Each site compound, storage area and operative parking area must (unless otherwise approved by the relevant planning authority) be provided in accordance with the details approved under paragraph (1) before construction of the link road is commenced and subsequently maintained, reserved and used for their specific purposes for the full duration of the construction of the authorised development. No other part of the land within the Order limits is to be used for any of those purposes.
(3) Site compounds, storage areas and parking areas must be restored in accordance with the approved proposals and timetables unless otherwise approved by the relevant planning authority.
Demolition of Rose Cottage
28.—(1) The demolition of Rose Cottage, Fulbeck Lane, Morpeth NE61 3JX must not be commenced until a demolition method statement has been submitted to and approved by the relevant planning authority.
(2) The demolition of Rose Cottage must not be carried out otherwise than in accordance with the approved demolition method statement and the CEMP.
Road safety audit and monitoring
29.—(1) Road safety audits and monitoring must be undertaken in accordance with Volume 5 Section 2 Part 2 (November 2003) of the Design Manual for Roads and Bridges.
(2) All parts of the authorised development that are to be local highways must be subject to a Stage 3 road safety audit no later than 1 month after the link road is opened to road users.
(3) All parts of the authorised development that are to be local highways, and St. Leonard’s Lane and Spital Hill, must be subject to Stage 4 Monitoring. Monitoring reports must be submitted to the relevant planning authority and any recommendations in the reports that are approved by the relevant planning authority must be implemented in the approved timescale.
1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and subsequently amended by section 86(1) and (2) of the Water Act 2003 (c. 37) and S.I. 2013/755.