Operational noise mitigation measuresE+W+S
12.—(1) No part of the authorised development may open for public use until a written scheme of proposed noise mitigation measures in respect of the use and operation of that part has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant highway authority.
(2) The proposed measures submitted for approval under sub-paragraph (1) must provide—
(a)details of the noise barriers proposed;
(b)that any highway constructed or resurfaced as part of the authorised development will be surfaced with low noise surfacing to a TSCS standard or better, with the exception of the sections of highway within the Silvertown Tunnel and on the Silvertown Tunnel approaches where retaining walls of 1.8 metres or higher are located on either side of the carriageway, together with any other sections of highway which are recommended by a road safety audit to have an alternative surface; and
(c)details of the proposals for the retention and maintenance of the proposed noise mitigation measures.
(3) The approved noise mitigation measures must be implemented prior to the opening of the relevant part of the authorised development for public use and must be retained and maintained in accordance with the approved scheme.
(4) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the noise mitigation is to be installed.
(5) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, TfL must provide evidence with the written details submitted that with the mitigation proposed, the authorised development would not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement taking into account the mitigation identified in it.
(6) In this paragraph “TSCS” means thin surface course systems as defined by clause 942 of the Manual of Contract Documents for Highway Works, Volume 1 Specification for Highway Works.