The A57 Link Roads Development Consent Order 2022

Second Iteration EMP E+W+S

4.—(1) No part of the authorised development is to commence until a second iteration EMP, substantially in accordance with the first iteration EMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions. E+W+S

(2) The second iteration EMP must be written in accordance with ISO 14001 and must—

(a) be in accordance with the mitigation measures set out in the REAC;

(b) contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(c) require adherence to working hours of 07:30–18:00 on Mondays to Fridays and 07:30–16:00 on Saturdays except for—

(i) movements to work, maintenance and general preparation works but not including running plant and machinery for a period of one hour either side of the above times;

(ii) night-time closures including for road crossings and final surfacing tie ins provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;

(iii) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

(iv) junction tie-in works;

(v) repair or maintenance of construction equipment;

(vi) removal of overhead power lines provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;

(vii) overnight traffic management measures;

(viii) cases of emergency; and

(ix) as otherwise agreed by the relevant planning authority in advance provided that any other work carried out outside the specified working hours or any extension to the working hours will only be permitted if there has been prior written agreement of the relevant environmental health officer of the relevant planning authority and provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement; and

(x) provided that written notification of the extent, timing and duration of each activity is given to the relevant local authority in advance of any works that are to be undertaken outside of the specified hours, except in cases of emergency or for the repair or maintenance of construction equipment, which are to be notified to the relevant local authority as soon as is practicable;

(d) include the Design Approach Document which must be in accordance with the version of that document forming part of the first iteration EMP and must include the following management plans which must be in accordance with the first iteration EMP, the REAC and the Outline Landscape and Ecological Management and Monitoring Plan—

(i) Soil Resource Plan;

(ii) Noise and Vibration Management Plan;

(iii) Pollution Prevention Plan;

(iv) Emergency Spillage Response Plan;

(v) Emergency Flood Response Plan;

(vi) Dewatering Management Plan;

(vii) Construction Water Management Plan;

(viii) Site Waste Management Plan;

(ix) Materials Management Plan;

(x) Asbestos Management Plan;

(xi) Arboricultural Method Statement;

(xii) Community Engagement Plan;

(xiii) Nuisance Management Plan;

(xiv) Ecological Management Plan;

(xv) Traffic Management Plan;

(xvi) Biosecurity Management Plan;

(xvii) Invasive Non Native Management Plan;

(xviii) Landscape and Ecological Management and Monitoring Plan;

(xix) Archaeological Fieldwork Strategy; and

(xx) Carbon Management Plan;

(e) contain a record of all applications made pursuant to section 61 of the Control of Pollution Act 1974 to demonstrate that where the undertaker is acting further to section 61 of that Act in relation to the construction of the authorised development the undertaker has included particulars in the application to demonstrate that the works that are the subject of the application, including the method by which they are to be carried out and the steps proposed to be taken to minimise noise resulting from the works, would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environment statement;

(f) contain a record of the consents, commitments and permissions resulting from liaison with statutory bodies;

(g) incorporate the measures for the construction stage identified in the environmental statement;

(h) be kept up to date with any material changes during construction and include a mechanism for consultation on such material changes with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions; and

(i) include details of the process for the preparation of the third iteration EMP, which must include for the third iteration EMP to be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions.

(3) The construction of the authorised development must be carried out in accordance with the approved second iteration EMP.

(4) A third iteration EMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved second iteration EMP.

(5) The third iteration EMP must substantially accord with the measures for the management and operation of the authorised development included in the first iteration EMP and address the matters set out in the environmental statement and the approved second iteration EMP that are relevant to the operation and maintenance of the authorised development, and must contain—

(a) the environmental information needed for the future maintenance and operation of the authorised development;

(b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

(6) The third iteration EMP must require—

(a) monitoring of air quality in the Tintwistle and Dinting Value Air Quality Management Areas;

(b) the implementation of mitigation measures if a breach of any national air quality objectives is reasonably attributable to the operation of the authorised development in those areas; and

(c) in the event that mitigations measures are put in place, such measures are to be approved in writing by the Secretary of State following consultation with the relevant local planning authority.

(7) The authorised development must be operated and maintained in accordance with the approved third iteration EMP.

Commencement Information

I1 Sch. 2 para. 4 in force at 7.12.2022, see art. 1