The Hinkley Point Harbour Empowerment Order 2012

• (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.

• 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

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

[^f00001]: 1964 c.40; section 16 was amended by S.I. 1970/1681, the Transport Act 1981 (c.56), Schedule 6, paragraphs 3, 4(1) and 14 and Schedule 12, the Criminal Justice Act 1982 (c.48), sections 37 and 46, the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 2, S.I. 2006/1177, regulation 2 and the Schedule, Part I, the Planning Act 2008 (c.29), Schedule 2, paragraph 10 and the Marine and Coastal Access Act 2009, Schedule 21, paragraph 2. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c.56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c.23), Schedule 21, paragraph 3(2).

[^f00002]: S.I. 2010/674.

[^f00003]: Section 42A was inserted, in relation to England and Wales, by the Marine and Coastal Access Act 2009 (c.23), Schedule 21, paragraph 3(1).

[^f00004]: For the definition of “the Minister” (mentioned in section 16) see section 57(1).

[^f00005]: The Marine Management Organisation was established by the Marine and Coastal Access Act 2009 (c.23), section 1.

[^f00006]: 1845 c.lxxxix.

[^f00007]: 1847 c.27.

[^f00008]: 1961 c.33.

[^f00009]: 1990 c.8.

[^f00010]: S.I. 1995/418.

[^f00011]: Section 55 was amended by the Planning and Compensation Act 1991 (c.34), section 13.

[^f00012]: Section 56(4) was amended by the Planning and Compensation Act 1991 (c.34), Schedule 7, paragraph 10(2).

[^f00013]: There are amendments to section 63 not relevant to this Order.

[^f00014]: 1995 c. 21.

[^f00015]: There are amendments to section 70 not relevant to this Order.

[^f00016]: Section 73 was amended by the Planning and Compulsory Purchase Act 2004 (c.5), sections 42(2) and 51(3) and section 73A was inserted by the Planning and Compensation Act 1991 (c.34), Schedule 7, paragraph 16(1).

[^f00017]: 1980 c.66. Section 28 was amended by S.I. 2006/1177, Regulation 2 and the Schedule, Part I.

[^f00018]: S.I. 2012/1914

[^f00019]: Section 307 was amended by S.I. 2009/1307, Schedule 1, paragraph 137.

[^f00020]: S.I. 2010/490.

[^f00021]: 2008 c.29.

[^f00022]: S.I. 1997/1160.