The Hinkley Point Harbour Empowerment Order 2012

No construction of the development must commence until details of a scheme to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset have been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented as approved.

Historic: scheduled monument management plan

26

• (1) No construction of the development must commence until a monument management plan for Wick Barrow (SM No. 28), also known as Pixies Mound, (as shown at figure 22.1 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority.

• (2) The monument management plan must be implemented as approved.

Drainage: surface water and foul drainage works

27

• (1) No construction of the development must commence until details of the surface and foul water drainage system (including means of pollution control, details of water management zones and a programme of construction and implementation) have been submitted to, and approved in writing by, the local planning authority.

• (2) Unless otherwise provided pursuant to the site preparation works permission or a development consent order for a new nuclear generating station at Hinkley Point, any fresh water discharge associated with the development must discharge to the existing Hinkley Point C drainage ditch at the location identified on the drawing referenced figure 13.1 in the environmental statement submitted with the application for this Order following attenuation to greenfield run-off rates and treatment within a dedicated water management zone.

• (3) The surface and foul water drainage system must be constructed, maintained and retained in accordance with the approved details.

Drainage: oil interceptor

28

Surface water drainage from impermeable parking areas and hard standing for vehicles and lorry parks must be passed through oil interceptors prior to being discharged into any watercourse, surface water sewer or soakaway system. The oil interceptors must have a sufficient capacity for the areas being drained and must be constructed prior to the first use of the parking areas or hard standings and must thereafter be retained. Roof water must not pass through the oil interceptors.

Air quality

29

• (1) No construction of the development must commence until details of an air quality scheme have been submitted to, and approved in writing by, the local planning authority. The submitted details must include—

• (a) a plan for dust management which must include the methods proposed for the monitoring and control of dust and dust suppression measures;

• (b) the air quality monitoring methodology comprising continuous ambient particle (PM10, PM2.5 and total suspended particulates) and wind speed and direction, temperature, relative humidity and rainfall monitoring at locations at or near to Doggetts, Bishops Farm House, Knighton Farm and one close to the hamlet of Wick which monitoring must begin not less than one month prior to the date proposed for commencement of construction of the development and must continue until cessation of use of the development for the reinstatement of the onshore area has been certified as being completed in writing by the local planning authority;

• (c) provision for the submission to the local planning authority of proposals for continuous periods of monitoring and the provision of the results to the local planning authority together with proposals for the review of monitoring periods following the first anniversary of commencement of the construction of the development;

• (d) the monitoring details which must include real time logging of averaging periods of not less than 15 minutes and include remote interrogation and downloading and details of automatic notification to the local planning authority and other persons (such as the site manager) in circumstances where monitored concentrations exceed the trigger levels;

• (e) the maximum hourly mean concentrations (“the trigger levels”) of PM10, PM2.5 and total suspended particulates;

• (f) the steps to be taken in the event that trigger levels are exceeded;

• (g) the identity of persons to carry out visual inspections in order to review the potential for dust nuisance and, in the event of dust nuisance complaints being made, to help quantify the actual or potential dust nuisance; and

• (h) the measures to ensure that any diesel fuel used on site shall be ultra low sulphur diesel (ULSD) (<10mgS/kg).

• (2) The air quality scheme must be implemented as approved throughout the period of the construction, maintenance and use of the development.

Residential amenity: information dissemination and complaints handling

30

No construction of the development must commence until a system for the provision of information to local residents and occupiers about the development and the investigation of, and response to, complaints has been submitted to, and approved in writing by, the local planning authority. The information to be disseminated must include general provision of information in relation to the construction, maintenance and use of the development and specifically in relation to activities on-site that may lead to nuisance. The approved information dissemination and the investigation and responses to complaints system must be implemented as approved throughout the period of the construction, maintenance and use of the development.

Drainage: water & sediment management plan

31

No construction of the development must commence until a water and sediment management plan has been submitted to, and approved in writing by, the local planning authority. The water and sediment management plan must be implemented as approved throughout the period of the construction of the development.

Engineering details of foreshore access road

32

No works to construct the foreshore access road forming part of Work No. 6 must be commenced until engineering construction details for the road including any associated drainage works have been submitted to, and approved in writing by, the local planning authority. The foreshore access road must be constructed and retained in accordance with the approved details. Prior to the removal of the foreshore access road, details of the method and timing of its removal must be submitted to, and approved in writing by, the local planning authority. The foreshore access road must be removed in accordance with the approved details.

Access to foreshore

33

Prior to construction and use of the foreshore access road forming part of Work No. 6 , the works area (being the area bounded by the limit of deviation shown on sheet no. 2 of Work No. 1) and the access corridor (being the area bounded by the limit of deviation shown on sheet no. 7 of Work No. 7) must be demarcated to prevent the movement of vehicles and plant outside the works area and access corridor on inter-tidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI. Vehicles and plant must not be permitted to have access to any other areas of the foreshore outside the works area and access corridor.

Flooding: foreshore access

34

Prior to first use of the foreshore access road for any construction activities, flood warning notices must be erected in suitable and visible positions, such positions and wording of the signs to be first approved in writing by the local planning authority. The flood warning notices must be retained throughout the period during which the foreshore access road is in place.

Geology & contaminated land: radiological monitoring

35

No construction of the development must commence on the site until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 16-8 B (Volume 3 Chapter 16 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority. The radiological monitoring scheme must be implemented in accordance with the approved details.

Geology & land: previous contamination unidentified

36

If, in undertaking the construction of the development, contamination which has not been previously identified is found to be present on any part of the onshore area, the local planning authority must be notified and no further work must be carried out in respect of the part of the area that the local planning authority shall specify in writing, until details as to how such contamination is to be dealt with have been submitted to, and approved in writing by, the local planning authority. Any such contamination must be dealt with in accordance with the approved details.

Groundwater: monitoring

37

No construction of the development on the site must commence until a scheme for the management and monitoring of groundwater levels and quality has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

Construction method statement

38

• (1) No construction of the development must commence on the onshore area until a construction method statement for the onshore area has been submitted to, and approved in writing by, the local planning authority. The construction method statement must include details of the following -

• (a) the parking of vehicles of site operatives and visitors;

• (b) the loading and unloading of plant and materials;

• (c) the storage of plant and materials used in constructing the development;

• (d) wheel washing facilities;

• (e) arrangements for cliff face protection and signage;

• (f) details of any measures to be taken to protect the works area and access corridor (as both are defined in condition 33); and

• (g) piling techniques.

• (2) The construction method statement must be implemented as approved.

Construction and environmental management plan

39

• (1) No construction of the development must commence until a construction and environmental management plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The CEMP must include details of the following—

• (a) site security;

• (b) fuel, oil, chemical and concrete storage, bunding, delivery and use;

• (c) the method for dealing with both minor and major pollution or other spillages;

• (d) the method for dealing with precipitation events exceeding the drainage system capacity;

• (e) containment of silt or soil contaminated run off;

• (f) disposal of contaminated drainage, including water pumped from excavations;

• (g) the means for discharging any silty or discoloured water from excavations over grassland or via a settlement lagoon to remove solids;

• (h) methods for protecting watercourses; and

• (i) site induction for workforce highlighting pollution prevention and awareness.

• (2) The CEMP must be implemented in accordance with the approved details.

Vegetation clearance

40

Before undertaking any vegetation clearance within the period from October to March inclusive, a winter clearance scheme designed to avoid or reduce impacts on over-wintering birds which are interest features of the Severn Estuary SPA must be submitted to, and approved in writing by, the local planning authority. Any vegetation clearance undertaken during the period October to March inclusive must be carried out in accordance with the requirements of the winter clearance scheme.

Materials management plan

41

No construction of the development on the site must commence until a materials management plan (MMP) that accords with the principles set out in “The Definition of Waste: Development Industry Code of Practice, Version 2, March 2011” published by Contaminated Land: Applications in Real Environments (CL:AIRE) has been submitted to, and approved in writing by, the local planning authority. The materials management plan must be implemented as approved.

Site waste management plan

42

No construction of the development must commence until a site waste management plan for the HEO land has been submitted to, and approved in writing by, the local planning authority. The site waste management plan must be implemented as approved.

Soil management plan

43

• (1) No construction of the development on the site must commence until a soil management plan has been submitted to, and approved in writing by, the local planning authority. The soil management plan must detail the methods and procedures for soil stripping, handling and stockpiling and must include—

• (a) description of methods for soil stripping, handling and screening and stockpiling of topsoils and subsoils;

• (b) a materials stockpile plan which shows the location, composition, movement and duration of any stockpile;

• (c) layout plans that show the locations of proposed treatment facilities (mobile and fixed), areas where soils have been or will be treated in-situ, and areas where treated soils and imported soils have been, or will be, deposited;

• (d) heights of stockpiles; and

• (e) restrictions on activities that may affect stored topsoil including the prevention of vehicles traversing the stockpiles.

• (2) The soil management plan must be implemented as approved.

Limit of closure of coast footpath

44

No construction of the development must commence until a scheme to provide for the reopening of the section of the coast footpath on the HEO land to public access together with safety arrangements has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details and thereafter retained.

Traffic obligations

45

• (1) For the purposes of this paragraph—

• “HGV Route 1” means the HGV route (shown coloured green on the plan titled “HGV Routes” in the deposited plans and sections) from Junction 23 of the M5 motorway via the A38 Bristol Road, the Drove, the Northern Distributor Road (NDR), the A39, High Street in Cannington and the C182 to the site;

• “HGV Route 2” means the HGV route (shown coloured red on the plan titled “HGV Routes” in the deposited plans and sections) from Junction 24 of the M5 motorway via the A38 Taunton Road, the A39, High Street in Cannington and the C182 to the site; and

• “HGV” means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods, and having a maximum permissible laden weight exceeding 3.5 tonnes or any other goods vehicle with three or more axles travelling to or from the site for the purposes of the construction, maintenance and use of the development.

• (2) Movements of HGVs for the duration of the construction, maintenance and use of the development, must not exceed the following daily flow limits—

• (a) Mondays to Fridays: maximum of 8 two-way HGVs per hour between 07.00 and 18.00;

• (b) Mondays to Fridays: maximum of 50 two-way HGVs between the hours of 07:00 and 17:00; and

• (c) Saturdays: maximum of 25 two-way HGVs between the hours of 07:00 and 13:00.

At all other times and on Bank Holidays no HGVs must be received at or dispatched from the site.

• (3) No development must commence until a scheme to ensure that HGVs travelling between the site and the M5 motorway will only use HGV Route 1 and HGV Route 2 has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

• (4) No construction of the development must commence until a scheme for monitoring HGV vehicles entering and leaving the site and travelling on HGV Route 1 and HGV Route 2 using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

• (5) The total number of cars and minibuses accessing the site each day for the purpose of the construction, maintenance and use of the development must not exceed 32.

• (6) No development must commence until a scheme for monitoring the number of cars and minibuses accessing the site using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

• (7) The maximum number of car and minibus parking spaces to be provided and available within the site for the purpose of the construction, maintenance and use of the development must not exceed 32.

• (8) No construction of the development must commence until 10 motorcycle spaces and covered stands for at least 5 pedal cycles have been provided. The motorcycle spaces and cycle stands must be retained for the duration of the construction, maintenance and use of the development.

• (9) In the event that the site preparation works permission is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the site preparation works permission shall apply as a limitation applicable to both the site preparation works and the construction, maintenance and use of the development (unless the development consent order referred to below has been implemented).

• (10) In the event that a development consent order for a new nuclear generating station at Hinkley Point which contains restrictions relating to traffic is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the development consent order shall apply as a limitation applicable to both the development authorised by the development consent order and the construction, maintenance and use of the development.

• (11) No HGVs must be scheduled to travel between the site and any location within the area shown shaded light green within the area edged black on the plan titled “HGV Routes from West” in the deposited plans and sections until a scheme to regulate the routes to be used by such HGVs (in so far as such HGVs are not regulated by the scheme referred to in paragraph (3)) has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

Bund planting

46

The bund required by condition 14 must be planted in accordance with Condition SP13 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about bund planting, in accordance with the requirements of that order.

Maintenance of planting

47

Any planting of the bund required by condition 14 must be maintained in accordance with Condition SP23 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about the maintenance of bund planting, in accordance with the requirements of that order.

PART 3 — Reinstatement Conditions

Coastal hydrology: cliff management plan

48

Prior to the removal of any part of the jetty, a cliff management plan which provides details for arrangements and responsibilities for the removal of those parts of the jetty and its associated infrastructure which are located within 15m in any direction of the cliff edge must be submitted to, and approved in writing by, the local planning authority. The cliff management plan must be implemented in accordance with the approved details.

Noise and vibration: control of noise during reinstatement

49

• (1) Prior to the commencement of any works of reinstatement pursuant to article 39 a noise and vibration management plan must be submitted to, and approved in writing by, the local planning authority which specifies the provision to be made for the control of noise and vibration arising from the reinstatement works.

• (2) The level of noise emitted from the reinstatement works must not exceed the limits set out in the following table as determined at the nearest noise sensitive premises and monitoring of the noise levels during the reinstatement works must be carried out as part of the noise and vibration management plan approved pursuant to paragraph (1) above.

Assessment Period	Assessment Period	BS5228
Days of Week	Time of Day	Category A-5 dB LAeq Hour
Mondays – Fridays	07.00-18.00	60
	*18.00-23.00	50
	*23.00-07.00	40
Saturdays	07.00-13.00	60
	*13.00-23.00	50
	*23.00-07.00	40
Sundays and Bank Holidays	*07.00-23.00	50
	*23.00-07.00	40

• Notes:dB re: 20μPa. *Offshore dismantling work only.

• Where LAeq = the equivalent continuous A-weighted sound pressure level, being the single number that represents the total sound energy measured over that period.

• (3) The approved noise management and vibration management plan must be implemented in accordance with the approved details.

• (4) The above noise level restriction shall apply except for specific, short duration construction or demolition activities associated with the reinstatement works (to the extent only as permitted as described in the approved noise and vibration management plan) during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. Any such activities and duration of such activities must be notified to the local planning authority and local residents at least 48 hours before they commence and the duration of such activities and number of such activities during the carrying out of the reinstatement works shall be limited to those approved in writing by the local planning authority.

• (5) In the event that the site preparation works permission is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in this condition relating to a time so specified shall cease to apply and the noise limit in the site preparation works permission relating to that time shall apply as a noise restriction applicable to both the site preparation works and the reinstatement works (unless the development consent order referred to below has been implemented).

• (6) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in the above table relating to a time so specified shall cease to apply and the noise limit in the development consent order relating to that time shall apply as a noise restriction applicable to both the development authorised by the development consent order and the reinstatement works.

• (7) Noise levels must be determined in accordance with the provisions of British Standard 7445.

Working hours during reinstatement

50

• (1) Works of reinstatement pursuant to article 39 (in so far as they are carried on, or accessed from, the site) must not take place on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

• (2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the working hours for the reinstatement works shall be restricted to the same extent (if at all) as provided by the development consent order.

On-site vehicular movements and maintenance - permitted hours during reinstatement

51

• (1) There must be no use or maintenance of any vehicles (which term shall not include vessels or barges) associated with the reinstatement of the onshore area (including no starting of vehicular engines, no vehicle movements and no reversing alarms operated) on the onshore area on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39.

• (2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use and maintenance of vehicles (including the starting of vehicular engines, vehicle movements and the operation of reversing alarms) associated with the reinstatement of the onshore area shall be restricted to the same extent (if at all) as is provided by the development consent order.

Noise and vibration during reinstatement: no amplified sound

52

• (1) No public address system must be used or amplified sound generated within the onshore area or at any time in the course of reinstatement works. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39

• (2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use of public address systems and the generation of amplified sound within the onshore area or at any time in the course of the reinstatement works shall be restricted to the same extent (if at all) as is provided by the development consent order.

SCHEDULE 2 — STOPPING UP OF FOOTPATHS AND NEW PUBLIC RIGHTS OF WAY TO BE SUBSTITUTED

(1) Area	(2) Footpath to be stopped up	(3) Extent of stopping up	(4) New footpath to be substituted
District of West Somerset	Footpath WL23/95	Between points F1, F2 and F3	Footpath to be provided between F1, F4, F5, F6, F7, F8, F9, F10, footpath WL23/105, point F11, footpath WL23/70, points F12, F13, F14, F15, footpath WL23/70, points F16 and F3
	Footpath WL23/48	Between points F4, F17, F18 and F9	Footpath to be provided between points F4, F5, F6, F7, F8 and F9
	Footpath WL23/50	Between points F5 and F7	Footpath to be provided between points F5, F6 and F7
	Footpath WL23/105	Between points F10 and F18	Footpath to be provided between points F10 and F9
	Footpath WL23/68	Between points F17 and F19	Footpath to be provided between points F19, F10 and F9
	Footpath WL23/68	Between points F20 and F21	Footpath to be provided between points F20 and F22
	Footpath WL23/70	Between points F12 and F16	Footpath to be provided between points F12, F13, F14 and F15

SCHEDULE 3 — FOOTPATHS MAPS

Signed

Signed by authority of the Marine Management Organisation

J. Cross — Chief Executive Officer — An authorised employee of the Marine Management Organisation — 19th July 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order comes into force on 16th August 2012 and on a date (“the termination date”) to be determined under article 1(3) it ceases to have effect (article 1(2)).

This Order enables NNB Generation Company Limited (“the Company”) to carry out works for the construction, maintenance and use in Bridgwater Bay and on adjacent land in the district of West Somerset, of a harbour comprising a jetty (defined in article 2(1)) and harbour-related works to facilitate the construction of a nuclear generating station at Hinkley Point in that district.

The construction of the works (defined in article 2(1)) and the planning permission for the works conferred by the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) are subject to the conditions in Schedule 1 (planning and works conditions) (article 18).

Time limits are imposed for the construction, maintenance and use of the works and any existing powers conferred in that respect still existing will cease to have effect on a date to be determined under article 39 (closure of the jetty and reinstatement) (article 15); the planning consent under the 1995 Order is also subject to time limits and will also cease to have effect on that date save in respect of the dismantling, demolition and removal of the jetty and related works and the reinstatement of the site of the works in accordance with that article (article 17).

The Order authorises the Company to stop up footpaths and extinguish all rights of way over them (articles 19 and 20), requires it to provide substituted public rights of way (article 19) except in respect of the footpath specified in article 20 and provides for compensation (articles 19 and 20). As required by section 16(7A) of the Harbours Act 1964 (c.40) (inserted by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 2(5)) these footpaths and new public rights of way are shown on the footpaths maps in Schedule 3.

The Company is to be the statutory harbour authority for the harbour, the limits of which are defined by the Order (article 21).

The Company may make byelaws for the efficient management and regulation of the harbour (article 22).

The Company may, for the purposes of the harbour, lease, or grant the use or occupation of, land, works, buildings, equipment or other property forming part of the harbour (article 31).

Copies of the environmental statement furnished by the applicant for this Order pursuant to paragraph 8 of Schedule 3 to the Harbours Act 1964 and the deposited plans and sections may be inspected, free of charge, at the offices of the Company at 14 King Square, Bridgwater, Somerset TA6 3DG between 10:00 and 16:30 (Monday to Friday, excluding public holidays).

A full impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen.

Footnotes