Articles 2 and 3
1. The authorised development must be begun within 7 years of the date on which this Order comes into force.
2.—(1) No part of phase 1 is to commence until a written scheme setting out all the component parts of phase 1 has been submitted to and approved by the local planning authority. The written scheme must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—
(a)layout;
(b)details of quay structure and related infrastructure (including whether the open quay or solid quay is to be constructed);
(c)external appearance and scale of all buildings and structures;
(d)parking and storage areas;
(e)surface and foul drainage;
(f)site levels;
(g)permanent fencing and other means of enclosure; and
(h)lighting.
(2) The phase 1 works must be carried out in accordance with the approved details, whether approved by the local planning authority under sub-paragraph (1) or the MMO under the provisions of Schedule 5.
(3) No part of phase 1 is to commence until the design of the external treatment of that part of the conveyor crossing the A1085 has been approved by the local planning authority and that part of the conveyor crossing the A1085 must be constructed in accordance with the approved details.
3.—(1) No part of phase 2 is to commence until a written scheme setting out all the component parts of phase 2 has been submitted to and approved by the local planning authority. The written scheme must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—
(a)layout;
(b)details of additional quay structure and related infrastructure;
(c)external appearance and scale of all buildings and structures;
(d)parking and storage areas;
(e)surface and foul drainage;
(f)site levels;
(g)permanent fencing and other means of enclosure; and
(h)lighting.
(2) The phase 2 works must be carried out in accordance with the approved details, whether approved by the local planning authority under sub-paragraph (1) or the MMO under the provisions of Schedule 5.
(3) If the construction of works (a) (extension of quay) and (b) (dredging) comprised in phase 2 does not commence within 6 years of the completion of phase 1, if the local planning authority so requires, the undertaker must reassess the baseline conditions relating to those works and, in the event of there being changes to the baseline conditions which materially affect the assessment of likely impacts arising from those works identified in the environmental statement the undertaker must produce a further environmental report re-assessing such impacts, submit it to the local planning authority and agree with the local planning any additional mitigation measures required
(4) If a further environmental report is required, the works referred to in sub-paragraph (3) must not be carried out until either additional mitigation measures have been agreed with the local planning authority or it has been agreed with the local planning authority that no additional measures are required. Any additional mitigation measures required must be carried out as agreed.
4. The authorised development must be carried out in accordance with the drawings listed below and in accordance with the details approved under requirements 2 and 3 and the DML—
(a)the works plans;
(b)the parameters table; and
(c)the vertical deviation plan.
5. No phase of the authorised development is to commence until the highway works shown on the highway works plan have been carried out to the satisfaction of the local highway authority.
6.—(1) No phase of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding ecological mitigation works, until a Construction Environmental Management Plan (“CEMP”) for that phase of the development, drafted in accordance with the principles set out in the outline construction environmental management plan and incorporating the mitigation identified in the governance tracker, has been submitted to and approved by the local planning authority in consultation with Natural England. The plan must include details of the following unless they have been approved by the MMO under the provisions of Schedule 5 (deemed licence under the 2009 Act)—
(a)a stakeholder communications plan;
(b)details of the methods to control noise arising from construction activities (including temporary acoustic fencing);
(c)details of the methods to be used to control dust and other emissions from the site including a Dust Management Plan;
(d)details of all temporary fencing, temporary buildings, compound areas and parking areas including arrangements for their removal following completion of construction;
(e)details of areas to be used for the storage of plant and construction materials and waste;
(f)details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;
(g)details of any temporary lighting arrangements such detail to incorporate measures described in item 31 of the governance tracker;
(h)measures to ensure that construction vehicles do not deposit mud on any highway;
(i)details of mitigation measures to protect biodiversity interests within the site and adjacent to it during the construction phases;
(j)advisory signage at public access points advising of possible hazards including the potential for sudden noise;
(k)asbestos management strategy (if needed); and
(l)a materials management plan.
(2) The CEMP may be amended in accordance with article 37(2) (approvals pursuant to requirements etc.) provided that such amendment does not diminish the mitigation during construction referred to in the environmental statement.
(3) All construction works must be carried out in accordance with the CEMP as approved from time to time.
7. None of the authorised development is to commence (excluding ecological mitigation or enhancement works referred to in the outline ecological management plan) until a Construction Traffic Management Plan (“CTMP”) drafted in accordance with the principles set out in Appendix 12.3 of the environmental statement has been submitted to and approved by the local planning authority. The provisions of the approved CTMP must be observed at all times during the construction of the authorised development.
8.—(1) No building comprising part of the authorised development is to be occupied until a flood warning and evacuation plan, which must include details of expected means of evacuation or safe refuge during a tidal flood event with safe refuge areas has been submitted to and approved by the local planning authority.
(2) No phase of the authorised development is to commence until a programme for ground gas monitoring has been agreed with the local planning authority and subsequently implemented. If the monitoring in accordance with the approved scheme gives rise to the need to consider gas protection measures within buildings, these must be agreed with the local planning authority and implemented as agreed.
9.—(1) No phase of the authorised development is to commence until written ecological management plans for any ecological mitigation or enhancement measures included in the environmental statement for that phase (including a marine mammal mitigation plan but not including the lagoon habitat enhancement works which are licensed under the DML), drafted in accordance with the principles set out in the outline ecological management plan, and incorporating the mitigation identified in the governance tracker have been submitted to and approved by the local planning authority and the MMO in consultation with Natural England and the Environment Agency.
(2) The ecological management plans must be implemented as approved but may be subject to amendment in accordance with article 37(2) (approvals pursuant to requirements etc.). If amendments to any ecological enhancement or mitigation measures are proposed below the level of high water, the amendments are to be approved by the local planning authority and the MMO in consultation with Natural England and the Environment Agency.
(3) Prior to the decommissioning phase of the authorised development, terrestrial ecological surveys are to be undertaken to verify whether any protected species could be impacted by the decommissioning phase, and to identify any requirement for mitigation to be implemented in order to avoid any adverse impacts. The scope of terrestrial ecological surveys is to be agreed with the local planning authority in consultation with Natural England prior to any ecological surveys being undertaken and, following the surveys, the scope of mitigation including an implementation timetable is to be agreed by the local planning authority in consultation with Natural England. The agreed mitigation must be carried out as agreed.
10.—(1) No development is to take place until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the local planning authority. The scheme must provide for monitoring in the vicinity of the “Deserted Medieval Village of West Coatham”. The scheme must include an assessment of significance and research questions and—
(a)the programme and methodology of site investigation and recording;
(b)the programme for post investigation assessment;
(c)provision to be made for analysis of the site investigation and recording;
(d)provision to be made for publication and dissemination of the analysis and records of the site investigation;
(e)provision to be made for archive deposition of the analysis and records of the site investigation; and
(f)nomination of a competent person or organisation to undertake the works set out within the written scheme of investigation.
(2) No development is to take place other than in accordance with the written scheme of investigation approved under sub-paragraph (1).
(3) The authorised development must not be occupied until the site investigation and post- investigation assessment has been completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
11. Prior to the decommissioning phase of the authorised development through the removal of the overhead conveyor system, the undertaker must submit a decommissioning plan in respect of those parts of the authorised development to be decommissioned to the local planning authority for approval. The provisions of the approved plan must be implemented during the decommissioning phase.