The Town and Country Planning (Former RAF Airfield Wethersfield) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024

Part 1 – General

Site operator

1.—(1) The Home Secretary must ensure that, during the whole period beginning with 11th April 2024 and ending with the date on which reinstatement works are completed in accordance with this Order, a named member of the Senior Civil Service in the Home Secretary’s department is designated in writing as the principal point of contact for the Secretary of State in the Home Secretary’s department on all matters connected with this Order (the “site operator”).

(2) The Home Secretary may designate different persons as the site operator at different times within the period referred to in sub-paragraph (1).

(3) Whenever a person is designated as the site operator, the Home Secretary must promptly inform the Secretary of State, in writing, that that person has been so designated.

Approved documents

2.—(1) The authorised development must be carried out in accordance with each of the approved documents, and in particular—

(a) where an approved document provides for anything to be constructed, it must be constructed, remain, and be maintained, in the location specified, and as provided for, in any approved document that relates to its construction, maintenance or location;

(b) where an approved document—

(i) sets out, in relation to the construction or operation of the authorised development—

(aa) a policy, procedure or standard to be applied;

(bb) a step to be taken, arrangement to be made, or measure to be adopted,

(ii) refers to—

(aa) an activity to be undertaken;

(bb) a facility or service to be made available,

in connection with the authorised development under or by virtue of a provision of this Schedule,

the construction or operation of the authorised development must be carried out, the activity undertaken, or the facility or service made available, in a manner that is consistent with such policy, procedure, standard, step, arrangement or measure;

(c) any requirements set out in an approved document for the validation, verification or approval of work carried out in accordance with that document must be complied with.

(2) The accommodation and other facilities referred to in the document numbered Figure 3e in Part 1 of Schedule 1, other than those that are referred to as being used, or to be used, for any purpose referred to in paragraph 1(j) or paragraph 3 of Schedule 2, must be in place and fully operational while any service users are accommodated on the Order land.

(3) The Home Secretary may submit for subsequent approval a replacement for any approved document other than the Map, provided that, in the case of a plan, report, scheme or programme provided for in this Schedule, the proposed replacement plan, report, scheme or programme complies with the relevant provisions of this Schedule.

Height of buildings and other structures

3.—(1) Subject to sub-paragraphs (2), (3) and (4), the height of any building or structure constructed as part of the authorised development must not exceed 4.5 metres.

(2) The height of any gate, fence, wall or other means of enclosure erected or constructed must not exceed 2.4 metres.

(3) Where plant or machinery (other than plant or machinery that is required for the purposes of constructing the authorised development) is erected or extended on the Order land, its height (when its erection or extension is completed) must not exceed—

(a) if it replaces existing plant or machinery, the height of any plant or machinery that it replaces;

(b) if it does not replace existing plant or machinery, 8.5 metres.

(4) A building or structure that comprises development of a type specified in paragraph 3 of Schedule 2 must not, except with the prior written consent of the Secretary of State, exceed a height of 6.5 metres.

Floorspace of certain buildings and structures

4.—(1) The combined floorspace of all buildings or structures—

(a) that are erected or installed as part of the authorised development, and

(b) whose construction is development of a type specified in paragraph 2 of Schedule 2,

must not exceed the baseline by more than 4,631 square metres.

(2) For the purposes of this paragraph, the baseline is the total amount of floorspace of all buildings or structures that were on the Order land on 17th April 2023.

(3) Construction of a building or structure of a type specified in paragraph 3 of Schedule 2 may not commence until the Home Secretary has submitted to the Secretary of State, and the Secretary of State has approved, plans showing its design, dimensions and location.

Artificial lighting and its impacts

5.—(1) Any exterior artificial lighting installed on or after 17th April 2023 must be arranged so that the main beam angle of each installation is directed—

(a) downward and away from the closest boundary of the Order land so as to minimise light spill;

(b) away from the windows of any sleeping accommodation on the Order land, so as to minimise any potential disturbance to those occupying it.

(2) The windows of any sleeping accommodation must be fitted with blackout blinds or blackout curtains.

Drainage and drinking water

6.—(1) There must be no net increase in the rate or volume of surface water discharge from the Order land as a result of the authorised development.

(2) No more than 580 service users may be accommodated on the Order land unless—

(a) the Home Secretary has submitted to the Secretary of State a foul and surface water drainage systems report in respect of the authorised development, identifying what measures, if any, it is necessary to adopt and maintain in relation to such systems before more than 580, and up to 1,700, service users are accommodated on the Order land;

(b) the Secretary of State has approved the report;

(c) any measures identified in the approved report as necessary to be adopted before more than 580, and up to 1,700, service users are accommodated have been implemented.

(3) No more than 580 service users may be accommodated on the Order land unless—

(a) the Home Secretary has submitted to the Secretary of State a potable water report in respect of the authorised development, identifying what steps, if any, must be taken to ensure that there is an adequate supply of potable water to the authorised development before more than 580, and up to 1,700 service users are accommodated on the Order land;

(b) the Secretary of State has approved the report;

(c) any steps identified in the approved report as necessary to be taken before more than 580, and up to 1,700, service users are accommodated have been taken.

Storage of fuel and hazardous substances

7.  Any storage for fuel or other hazardous substances installed on or after 17th April 2023 must be so arranged as to ensure that—

(a) it is located on an impervious base and graded to drain to a sump or collector, or surrounded by impervious walls to form a bunded compound;

(b) all filling points, vents, gauges and sight glasses are located on an impervious base and the drainage system sealed, with no discharge to any watercourse, land or underground strata;

(c) any associated pipe work is located above ground and protected from accidental damage;

(d) all filling points and tank overflow pipe outlets are designed to discharge into a sump, collector or bunded compound.

Removal of trees, hedges and existing buildings

8.—(1) Subject to sub-paragraph (2), no—

(a) tree or hedge may be removed from the Order land;

(b) existing building or structure on the Order land may be demolished,

as part of the authorised development unless the Home Secretary has submitted to the Secretary of State, and the Secretary of State has approved, a plan for that removal or demolition.

(2) The Home Secretary may, without a plan having been submitted to or approved by the Secretary of State under sub-paragraph (1)—

(a) cut down, uproot, top or lop a tree, to the extent that such works are urgently necessary to remove an immediate risk of serious harm;

(b) demolish a building or structure that is at risk of imminent collapse or otherwise poses an immediate threat to safety.

Fencing

9.  No service users may be accommodated on the Order land as part of the authorised development unless privacy mesh screening is installed between the Order land and properties in Sculpins Lane that are immediately adjacent to the Order land.

Travel plan

10.  The Home Secretary must, before 11th July 2024, submit to the Secretary of State for approval a plan setting out how the use of private cars by those travelling to the Order land—

(a) to work on, or visit, the authorised development; or

(b) to provide services to, or in respect of, resident service users,

will be minimised.

Noise

11.  Any building services or other plant installed on the Order land must be so located and installed as to ensure that—

(a) between the hours of 11 p.m. and 7 a.m., internal ambient noise levels in sleeping accommodation do not exceed 30dB LAeq, 8 hours and 45dB LAFmax more than 15 times per night, assessed in accordance with British Standard BS 8233:2014(1);

(b) plant noise levels, calculated by reference to any point where the following intersect—

(i) the boundary between the Order land and the nearest residential premises that are noise sensitive receptors, and

(ii) a straight line drawn between the plant and the nearest façade of those premises,

do not exceed 30dB LAr, Tr, assessed in accordance with British Standard BS 4142:2014+A1:2019(2).

Fruit and vegetables

12.  No fruit or vegetables may be grown on the Order land unless the Secretary of State gives prior written consent to their being grown.

(1)

Guidance on sound insulation and noise reduction for buildings (ISBN 978 0 580 74378 8), published by the British Standards Institution on 28th February 2014.

(2)

Methods for rating and assessing industrial and commercial sound (ISBN 978 0 539 02069 4), published by the British Standards Institution on 30th June 2019.