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The Hinkley Point C (Nuclear Generating Station) Order 2013

Type Statutory-Instrument
Publication 2013-03-18
Last updated 2013-11-20
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(1)Reference No. (2)Requirements (2)Requirements
PW1 Time limits Time limits
The authorised project must commence within 5 years of the date on which this Order is made. The authorised project must commence within 5 years of the date on which this Order is made.
PW2 Phasing of the HPC development site Phasing of the HPC development site
Work No. 1A shall be carried out in general accordance with the project progression indicated in section 4.4 of the Construction Method Statement, unless otherwise approved by West Somerset District Council. Work No. 1A shall be carried out in general accordance with the project progression indicated in section 4.4 of the Construction Method Statement, unless otherwise approved by West Somerset District Council.
PW3 Buildings and structures Buildings and structures
(1)Buildings and structures comprising Work No. 1A(d) to (k) and (o) shall be carried out in accordance with the plans relating to them as set out in Schedule 1, Part 3, save to the extent that revised plans relating to their siting, scale or appearance have been submitted to and approved by West Somerset District Council. (1)Buildings and structures comprising Work No. 1A(d) to (k) and (o) shall be carried out in accordance with the plans relating to them as set out in Schedule 1, Part 3, save to the extent that revised plans relating to their siting, scale or appearance have been submitted to and approved by West Somerset District Council.
(2)Any revised plans referred to in paragraph (1) shall be in accordance with HPC Site Parameter Plan (HINK-A1-SL-00-GA-002 (Rev 01)) and chapter 6 (Design Principles) and chapter 9 (Implementation) of the HPC development site Design and Access Statement. (2)Any revised plans referred to in paragraph (1) shall be in accordance with HPC Site Parameter Plan (HINK-A1-SL-00-GA-002 (Rev 01)) and chapter 6 (Design Principles) and chapter 9 (Implementation) of the HPC development site Design and Access Statement.
(3)The works referred to in paragraph (1) shall be carried out in accordance with the approved plans. (3)The works referred to in paragraph (1) shall be carried out in accordance with the approved plans.
PW4 (1)Buildings and structures comprising Work Nos. 3, 4A, 5A, 7A, 8A, 9A, 10 and 11 shall be carried out in accordance with the plans as set out in Schedule 1, Part 3, save to the extent that revised plans relating to siting, scale or appearance have been submitted to and approved by the relevant planning authority. (1)Buildings and structures comprising Work Nos. 3, 4A, 5A, 7A, 8A, 9A, 10 and 11 shall be carried out in accordance with the plans as set out in Schedule 1, Part 3, save to the extent that revised plans relating to siting, scale or appearance have been submitted to and approved by the relevant planning authority.
(2)Any revised plans referred to in paragraph (1), shall be in accordance with section 6 (Design Principles) and section 9 (Implementation) of the relevant site-specific Design and Access Statement. (2)Any revised plans referred to in paragraph (1), shall be in accordance with section 6 (Design Principles) and section 9 (Implementation) of the relevant site-specific Design and Access Statement.
(3)The works referred to in paragraph (1) shall be carried out in accordance with the approved plans. (3)The works referred to in paragraph (1) shall be carried out in accordance with the approved plans.
PW5 Building design Building design
(1)No external materials shall be installed on any permanent building or structure unless and until details of such external materials for that building have been submitted to and approved by the relevant planning authority. (1)No external materials shall be installed on any permanent building or structure unless and until details of such external materials for that building have been submitted to and approved by the relevant planning authority.
(2)The works shall be carried out in accordance with the approved details. (2)The works shall be carried out in accordance with the approved details.
PW6 (1)No additional external roof plant, equipment or machinery shall be installed on any permanent buildings or structures unless and until details of scale and appearance of such plant, equipment or machinery have been submitted to and approved by the relevant planning authority. (1)No additional external roof plant, equipment or machinery shall be installed on any permanent buildings or structures unless and until details of scale and appearance of such plant, equipment or machinery have been submitted to and approved by the relevant planning authority.
(2)The works shall be carried out in accordance with the approved details. (2)The works shall be carried out in accordance with the approved details.
PW7 Highway works Highway works
(1)Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be carried out in accordance with the plans set out in Schedule 1, Part 3, save to the extent further details approved pursuant to paragraphs (2), (3) and (4) indicate otherwise, or unless otherwise approved by Somerset County Council. (1)Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be carried out in accordance with the plans set out in Schedule 1, Part 3, save to the extent further details approved pursuant to paragraphs (2), (3) and (4) indicate otherwise, or unless otherwise approved by Somerset County Council.
(2)Work Nos. 4C, 7B, 17A, 17B, 18 and 22 shall not commence until details of the layout and finished surfaces of that work have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012). (2)Work Nos. 4C, 7B, 17A, 17B, 18 and 22 shall not commence until details of the layout and finished surfaces of that work have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012).
(3)Work No. 6A shall not commence until details of the layout and vertical alignment have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012). (3)Work No. 6A shall not commence until details of the layout and vertical alignment have been submitted to and approved by Somerset County Council. These details shall be developed in general accordance with the plans set out in Schedule 1, Part 3 and taking into account the Highway Schemes Position Statement (31st August 2012).
(4)Work No. 19 shall not commence until details of the timing of the works comprised in it have been submitted to and approved by the Secretary of State for Transport. (4)Work No. 19 shall not commence until details of the timing of the works comprised in it have been submitted to and approved by the Secretary of State for Transport.
(5)Other than as already indicated on the plans set out in Schedule 1, Part 3 and details approved pursuant to paragraphs (2) and (3), no changes to existing finished ground levels or surface water drainage at Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be permitted unless and until details of such have, following consultation with the Environment Agency, Sedgemoor District Council and West Somerset District Council, been submitted to and approved by Somerset County Council. (5)Other than as already indicated on the plans set out in Schedule 1, Part 3 and details approved pursuant to paragraphs (2) and (3), no changes to existing finished ground levels or surface water drainage at Work Nos. 1B, 1C, 4B, 4C, 5B, 6A to 6J, 7B, 8B, 9B and 12 to 22 shall be permitted unless and until details of such have, following consultation with the Environment Agency, Sedgemoor District Council and West Somerset District Council, been submitted to and approved by Somerset County Council.
(6)The works referred to in paragraph (1) shall be carried out in accordance with the approved details. (6)The works referred to in paragraph (1) shall be carried out in accordance with the approved details.
PW8 Street furniture and lighting Street furniture and lighting
(1)No street furniture or street lighting shall be installed at Work Nos. 12 to 22 unless and until details of such street furniture and lighting, including a programme for implementation, have, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority. (1)No street furniture or street lighting shall be installed at Work Nos. 12 to 22 unless and until details of such street furniture and lighting, including a programme for implementation, have, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority.
(2)The works shall be carried out in accordance with the approved details. (2)The works shall be carried out in accordance with the approved details.
PW9 HGV Traffic HGV Traffic
(1)Except in exceptional circumstances, HGV movements associated with the HPC construction works shall not be permitted on the local highway network at the following times— (1)Except in exceptional circumstances, HGV movements associated with the HPC construction works shall not be permitted on the local highway network at the following times—
(a) on Sundays or on public holidays; and
(b) between the hours of 22:00 and 07:00 (Monday to Saturday).
(2)For the avoidance of doubt, these restrictions do not apply to the movement of HGVs on the strategic road network (notably the M5 motorway) or on the highway connections between the M5 and the Junction 23 and Junction 24 Freight Management Facilities or in relation to the movement of AILs. (2)For the avoidance of doubt, these restrictions do not apply to the movement of HGVs on the strategic road network (notably the M5 motorway) or on the highway connections between the M5 and the Junction 23 and Junction 24 Freight Management Facilities or in relation to the movement of AILs.
(3)The authorised project shall be carried out in accordance with a scheme of marking for HGVs which shall be submitted to and approved by the relevant planning authorities. The scheme shall be designed with the aim of enabling residents of the districts of West Somerset and Sedgemoor, wherever practicable, easily to identify if a vehicle is engaged on work on the authorised project. (3)The authorised project shall be carried out in accordance with a scheme of marking for HGVs which shall be submitted to and approved by the relevant planning authorities. The scheme shall be designed with the aim of enabling residents of the districts of West Somerset and Sedgemoor, wherever practicable, easily to identify if a vehicle is engaged on work on the authorised project.
PW10 Traffic Incident Management Plan Traffic Incident Management Plan
(1)Vehicles associated with the authorised project in the area delineated in Figure 4.1 of the TIMP as the “incident management area” shall be monitored for the detection of incidents in accordance with sections 5 and 6 of the TIMP. (1)Vehicles associated with the authorised project in the area delineated in Figure 4.1 of the TIMP as the “incident management area” shall be monitored for the detection of incidents in accordance with sections 5 and 6 of the TIMP.
(2)In the event of a traffic incident in that area during the HPC construction works, the measures set out in sections 7 to 11 and the temporary diversionary routes set out in Appendix B of the TIMP shall be implemented. (2)In the event of a traffic incident in that area during the HPC construction works, the measures set out in sections 7 to 11 and the temporary diversionary routes set out in Appendix B of the TIMP shall be implemented.
(3)The TIMP shall be fully implemented as approved throughout the HPC construction works, unless otherwise approved by the relevant planning authority. (3)The TIMP shall be fully implemented as approved throughout the HPC construction works, unless otherwise approved by the relevant planning authority.
PW11 Waste Management Implementation Strategy Waste Management Implementation Strategy
(1)The authorised project shall be carried out in accordance with the Waste Management Implementation Strategy, unless otherwise agreed by the relevant planning authority. (1)The authorised project shall be carried out in accordance with the Waste Management Implementation Strategy, unless otherwise agreed by the relevant planning authority.
(2)No development shall commence until a site waste management plan template has, after consultation with Somerset County Council and the Environment Agency, been submitted to and approved by the relevant planning authority. (2)No development shall commence until a site waste management plan template has, after consultation with Somerset County Council and the Environment Agency, been submitted to and approved by the relevant planning authority.
PW12 Sports Facilities Management Strategy Sports Facilities Management Strategy
(1)Work Nos. 3, 4A and 5A shall not be brought into use until the undertaker has, in consultation with the relevant planning authority, prepared and published a public access proposal for the sports and leisure facilities. (1)Work Nos. 3, 4A and 5A shall not be brought into use until the undertaker has, in consultation with the relevant planning authority, prepared and published a public access proposal for the sports and leisure facilities.
(2)The published public access proposals for the sports and leisure facilities referred to in paragraph (1) shall provide for— (2)The published public access proposals for the sports and leisure facilities referred to in paragraph (1) shall provide for—
(a) a minimum of 12 hours of public access Monday to Friday, of which at least 2 hours and no more than 4 hours would be between the hours of 18:00 and 22:00; and
(b) at least a further 4 hours of public access at weekends,
at a charge comparable with similar facilities. at a charge comparable with similar facilities.
PW13 Off-site associated development sites: working hours: general Off-site associated development sites: working hours: general
(1)Construction and post-operation works associated with Work Nos. 4A, 4B, 4C, 5A, 5B, 9A, 9B and 10 to 22 shall only be undertaken between the hours of 07:00 and 19:00 on weekdays (excluding public holidays) and 07:00 and 13:00 on Saturdays, unless otherwise approved by the relevant planning authority. (1)Construction and post-operation works associated with Work Nos. 4A, 4B, 4C, 5A, 5B, 9A, 9B and 10 to 22 shall only be undertaken between the hours of 07:00 and 19:00 on weekdays (excluding public holidays) and 07:00 and 13:00 on Saturdays, unless otherwise approved by the relevant planning authority.
(2)Paragraph (1) does not apply to non-intrusive and internal activities such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing. (2)Paragraph (1) does not apply to non-intrusive and internal activities such as start-up and shut-down, electrical installation, building fit-out and non-destructive testing.
PW14 Code of Construction Practice Code of Construction Practice
The construction of the authorised project shall be carried out in accordance with the Code of Construction Practice dated 14th September 2012, unless otherwise approved by the relevant planning authority. The construction of the authorised project shall be carried out in accordance with the Code of Construction Practice dated 14th September 2012, unless otherwise approved by the relevant planning authority.
PW15 Ministry of Defence Communication Protocol Ministry of Defence Communication Protocol
(1)The undertaker shall, in consultation with the Ministry of Defence, prepare and implement a vessel communication protocol, setting out procedures for informing the Ministry of Defence of vessel movements associated with the HPC construction works travelling through or adjacent to the Lilstock Firing Range. (1)The undertaker shall, in consultation with the Ministry of Defence, prepare and implement a vessel communication protocol, setting out procedures for informing the Ministry of Defence of vessel movements associated with the HPC construction works travelling through or adjacent to the Lilstock Firing Range.
(2)Vessel movements associated with the HPC construction works shall be managed in accordance with the vessel communication protocol, unless otherwise approved by the Ministry of Defence. (2)Vessel movements associated with the HPC construction works shall be managed in accordance with the vessel communication protocol, unless otherwise approved by the Ministry of Defence.
PW16 Use of temporary associated development sites Use of temporary associated development sites
The sites within the Order limits and marked as the locations of each of Work Nos. 3, 4A, 5A, 7A, 8A(2)(a) to (h), 9A, 10 and 11 on sheet nos. 5, 12, 13, 15, 16, 17, 18 and 19 respectively shall only be used in connection with the authorised project and their use shall cease upon completion of the HPC construction works. The sites within the Order limits and marked as the locations of each of Work Nos. 3, 4A, 5A, 7A, 8A(2)(a) to (h), 9A, 10 and 11 on sheet nos. 5, 12, 13, 15, 16, 17, 18 and 19 respectively shall only be used in connection with the authorised project and their use shall cease upon completion of the HPC construction works.
PW17 Cross-shore rock platform erosion and sediment transport monitoring plan Cross-shore rock platform erosion and sediment transport monitoring plan
(1)Work Nos. 1A(o), TJ1 to TJ3, 2B, 2D, 2F and 2H shall not commence until a cross-shore rock platform erosion and sediment transport monitoring plan has, after consultation with the Countryside Council for Wales, Natural England and the Environment Agency, been submitted to and approved by the Marine Management Organisation. The plan should include— (1)Work Nos. 1A(o), TJ1 to TJ3, 2B, 2D, 2F and 2H shall not commence until a cross-shore rock platform erosion and sediment transport monitoring plan has, after consultation with the Countryside Council for Wales, Natural England and the Environment Agency, been submitted to and approved by the Marine Management Organisation. The plan should include—
(a) the geographical extent of the monitoring which shall include, but is not limited to, the intertidal shore fronting the HPC development site, the ‘pocket beach’ at the junction between the existing and proposed sea wall defences (Hinkley Point A and Hinkley Point C interface), the offshore intake and outfall heads, the jetty head and all associated dredged areas;
(b) arrangements for monitoring of the cross-shore rock platform fronting the HPC development site to seaward to quantify platform lowering during the operation of Work No. 1A;
(c) arrangements for sediment transport monitoring before, during and after construction, describing the mobile bed (non-suspended) sediment load and distribution, unless otherwise agreed by the Marine Management Organisation;
(d) appropriate contingency measures that would be implemented having regard to the results of the monitoring referred to in (b) and (c) together with the trigger points at which such measures would apply;
(e) monitoring arrangements associated with the offshore intake and outfall heads, jetty heads and associated dredged areas; and
(f) the monitoring methodology, frequency of monitoring and format of monitoring reports.
(2)The cross-shore rock platform erosion and sediment monitoring plan referred to in paragraph (1) shall be implemented as approved. (2)The cross-shore rock platform erosion and sediment monitoring plan referred to in paragraph (1) shall be implemented as approved.
PW18 Residential amenity: information dissemination and complaints handling Residential amenity: information dissemination and complaints handling
(1)The authorised project shall not commence until a system for the provision of information to local residents and occupiers about the works and for the handling of complaints has, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority. The information to be disseminated shall include general provision of information in relation to the phasing and carrying out of construction works for the authorised project and specifically in relation to activities on-site that may lead to nuisance. (1)The authorised project shall not commence until a system for the provision of information to local residents and occupiers about the works and for the handling of complaints has, following consultation with Somerset County Council, been submitted to and approved by the relevant planning authority. The information to be disseminated shall include general provision of information in relation to the phasing and carrying out of construction works for the authorised project and specifically in relation to activities on-site that may lead to nuisance.
(2)The approved information dissemination and complaints handling systems shall be implemented as approved throughout the construction of the authorised project, unless otherwise approved by the relevant planning authority. (2)The approved information dissemination and complaints handling systems shall be implemented as approved throughout the construction of the authorised project, unless otherwise approved by the relevant planning authority.
PW19 No Burning of Materials No Burning of Materials
There shall be no burning of waste, materials or refuse on the site at any time during the construction of the authorised project. There shall be no burning of waste, materials or refuse on the site at any time during the construction of the authorised project.
PW20 Previously unidentified contamination Previously unidentified contamination
(1)If in undertaking the construction of any part of the authorised project, contamination not previously identified is found to be present at the site of that part of the authorised project, then no further development shall be carried out on that site until details as to how this contamination not previously identified is to be dealt with have, following consultation with the Environment Agency and Somerset County Council, been submitted to and approved by the relevant planning authority and put into effect. (1)If in undertaking the construction of any part of the authorised project, contamination not previously identified is found to be present at the site of that part of the authorised project, then no further development shall be carried out on that site until details as to how this contamination not previously identified is to be dealt with have, following consultation with the Environment Agency and Somerset County Council, been submitted to and approved by the relevant planning authority and put into effect.
(2)Notwithstanding paragraph (1), a defined area or areas may be identified and agreed with the relevant planning authority where development can continue without approval of the details submitted in accordance with paragraph (1). (2)Notwithstanding paragraph (1), a defined area or areas may be identified and agreed with the relevant planning authority where development can continue without approval of the details submitted in accordance with paragraph (1).
PW21 Noise Monitoring Scheme (Offsite Associated Development Sites) Noise Monitoring Scheme (Offsite Associated Development Sites)
(1)No development shall commence at Work Nos. 4A, 4B, 5A, 5B, 6A to 6J, 7A, 7B, 8A, 8B, 9A, 9B, 10 and 11 until a noise monitoring scheme for that work has been submitted to and approved by the relevant planning authority. The noise monitoring scheme shall set out details of— (1)No development shall commence at Work Nos. 4A, 4B, 5A, 5B, 6A to 6J, 7A, 7B, 8A, 8B, 9A, 9B, 10 and 11 until a noise monitoring scheme for that work has been submitted to and approved by the relevant planning authority. The noise monitoring scheme shall set out details of—
(a) noise monitoring to establish the effectiveness of the noise management measures;
(b) frequency and format of reporting monitoring information to the relevant planning authority; and
(c) contingency measures that would be implemented where monitoring identifies the exceedance of the noise emission levels set at table 5.2 of the Code of Construction Practice.
(2)The noise monitoring scheme referred to in paragraph (1) shall be implemented for the duration of construction, demolition and dismantling works. (2)The noise monitoring scheme referred to in paragraph (1) shall be implemented for the duration of construction, demolition and dismantling works.
PW22 Piling techniques Piling techniques
(1)The installation of piles associated with Work Nos. 1A, TJ1, 2A to 2H and 8A(1)(a) to (f) shall use the best practice methods, including the use of soft start techniques, equivalent to or better than those outlined in the Report to Inform the Habitats Regulations Assessment. (1)The installation of piles associated with Work Nos. 1A, TJ1, 2A to 2H and 8A(1)(a) to (f) shall use the best practice methods, including the use of soft start techniques, equivalent to or better than those outlined in the Report to Inform the Habitats Regulations Assessment.
(2)Notwithstanding the requirement of paragraph (1) no impact piling shall be used for Work No. 8A(1)(a) to (f) during the months October to March inclusive. (2)Notwithstanding the requirement of paragraph (1) no impact piling shall be used for Work No. 8A(1)(a) to (f) during the months October to March inclusive.
PW23 Disposal of dredged material Disposal of dredged material
Dredged material arising from the authorised project shall not be disposed of except within the Severn Estuary Special Area of Conservation. Dredged material arising from the authorised project shall not be disposed of except within the Severn Estuary Special Area of Conservation.
PW24 Use of infill materials Use of infill materials
Only uncontaminated rock, subsoil, brick rubble, crushed concrete, and ceramic materials shall be permitted as infill material used within the authorised project. All site-won fill materials shall be used subject to the controls established within the Code of Construction Practice, and the protocols defined within: “The Definition of Waste: Development Industry Code of Practice. Version 2, March 2011”. Published by Contaminated Land: Applications in Real Environment (CL:AIRE).Code of Practice. Only uncontaminated rock, subsoil, brick rubble, crushed concrete, and ceramic materials shall be permitted as infill material used within the authorised project. All site-won fill materials shall be used subject to the controls established within the Code of Construction Practice, and the protocols defined within: “The Definition of Waste: Development Industry Code of Practice. Version 2, March 2011”. Published by Contaminated Land: Applications in Real Environment (CL:AIRE).Code of Practice.

HPC Development Site: site preparation works

3

Requirements P1 to P26 relate to Work No. 1A(a) to (c) and apply in relation to the aspects of the authorised project to which they refer. For the purpose of requirements P1 to P26, the “site” refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work No. 1A(a) to (c) carried out pursuant to this Order.

(1)Reference No. (2)Requirements (2)Requirements
P1 Ecology: tree protection Ecology: tree protection
(1)No development shall commence until a plan has been submitted to and approved by West Somerset District Council that identifies the existing trees and hedgerows (or sections of hedgerows) to be retained on the site together with the type of fencing to be used and arrangements to be made in accordance with British Standard 5837:2005 to protect the retained trees and hedgerows (or sections of hedgerows). The plan shall be implemented in accordance with the approved details. (1)No development shall commence until a plan has been submitted to and approved by West Somerset District Council that identifies the existing trees and hedgerows (or sections of hedgerows) to be retained on the site together with the type of fencing to be used and arrangements to be made in accordance with British Standard 5837:2005 to protect the retained trees and hedgerows (or sections of hedgerows). The plan shall be implemented in accordance with the approved details.
(2)No retained tree or hedgerow (or section of hedgerow) shall be cut down, uprooted or destroyed, nor shall any retained tree or hedgerow (or section of hedgerow) be topped or lopped other than in accordance with the approved plans and particulars, without the approval of West Somerset District Council. Any topping or lopping approved shall be carried out in accordance with British Standard 5837:2005. (2)No retained tree or hedgerow (or section of hedgerow) shall be cut down, uprooted or destroyed, nor shall any retained tree or hedgerow (or section of hedgerow) be topped or lopped other than in accordance with the approved plans and particulars, without the approval of West Somerset District Council. Any topping or lopping approved shall be carried out in accordance with British Standard 5837:2005.
(3)If any retained tree or hedgerow (or section of hedgerow) is removed, uprooted or destroyed or dies, another tree or replacement hedgerow (or section of hedgerow) shall be planted at the same place and that tree or hedgerow (or section of hedgerow) shall be of such size and species, and shall be planted at such time, as may be specified by West Somerset District Council. (3)If any retained tree or hedgerow (or section of hedgerow) is removed, uprooted or destroyed or dies, another tree or replacement hedgerow (or section of hedgerow) shall be planted at the same place and that tree or hedgerow (or section of hedgerow) shall be of such size and species, and shall be planted at such time, as may be specified by West Somerset District Council.
P2 Ecology: wildlife mitigation measures – reptiles Ecology: wildlife mitigation measures – reptiles
(1)The two haul road crossings of the Green Lane shall not be brought into use until design details of reptile crossings and associated fencing have been submitted to and approved by West Somerset District Council. (1)The two haul road crossings of the Green Lane shall not be brought into use until design details of reptile crossings and associated fencing have been submitted to and approved by West Somerset District Council.
(2)The reptile crossings and associated fencing shall remain in situ for the duration of the construction of Work No. 1A, unless otherwise approved by West Somerset District Council. (2)The reptile crossings and associated fencing shall remain in situ for the duration of the construction of Work No. 1A, unless otherwise approved by West Somerset District Council.
P3 Historic environment: excavation and recording of buried heritage assets Historic environment: excavation and recording of buried heritage assets
Archaeological works relating to buried heritage assets shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.46) and results published in monograph form within ten years of commencement of the development. Archaeological works relating to buried heritage assets shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.46) and results published in monograph form within ten years of commencement of the development.
P4 Historic environment: building recording Historic environment: building recording
The programme of archaeological works relating to the three existing barn structures (Benhole Barn; Langborough Barn; and Sidwell Barn) shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Historic Building Recording, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.48) and results published in monograph form within ten years of commencement of the development. The programme of archaeological works relating to the three existing barn structures (Benhole Barn; Langborough Barn; and Sidwell Barn) shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Historic Building Recording, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.48) and results published in monograph form within ten years of commencement of the development.
P5 Historic environment: recording of important hedgerows Historic environment: recording of important hedgerows
The programme of archaeological works relating to important hedgerows shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation: Trenches through Green Lane and Historic Hedgerows, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.47). The results shall be published in monograph form within ten years of commencement of the development. The programme of archaeological works relating to important hedgerows shall be implemented from commencement of development in accordance with the Written Scheme of Investigation for Archaeological Mitigation: Trenches through Green Lane and Historic Hedgerows, set out in the Environmental Statement (Volume 2, chapter 23, Ref 23.47). The results shall be published in monograph form within ten years of commencement of the development.
P6 Historic environment, ecology and landscape: Green Lane: preservation in situ Historic environment, ecology and landscape: Green Lane: preservation in situ
The development shall not commence until a scheme showing the method of working which ensures the preservation in-situ of the Green Lane as shown on drawing HPCSPW025A Rev2: Tree and Hedgerow Retention and Removal has been submitted and approved by West Somerset District Council. The method of working shall be implemented as approved for the duration of the construction of Work No. 1A(a). The development shall not commence until a scheme showing the method of working which ensures the preservation in-situ of the Green Lane as shown on drawing HPCSPW025A Rev2: Tree and Hedgerow Retention and Removal has been submitted and approved by West Somerset District Council. The method of working shall be implemented as approved for the duration of the construction of Work No. 1A(a).
P7 Historic environment: monitoring of paleontological remains Historic environment: monitoring of paleontological remains
No development shall commence until a monitoring scheme has, following consultation with Somerset County Council Historic Environment Service, been submitted to and approved by West Somerset District Council, to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset. The scheme shall be implemented as approved, unless otherwise approved by West Somerset District Council. No development shall commence until a monitoring scheme has, following consultation with Somerset County Council Historic Environment Service, been submitted to and approved by West Somerset District Council, to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset. The scheme shall be implemented as approved, unless otherwise approved by West Somerset District Council.
P8 Historic environment: scheduled monument management plan Historic environment: scheduled monument management plan
(1)The development shall not commence until a monument management plan for Wick Barrow (SM No. 28) has, following consultation with English Heritage, been submitted to and approved by West Somerset District Council. The monument management plan is to include— (1)The development shall not commence until a monument management plan for Wick Barrow (SM No. 28) has, following consultation with English Heritage, been submitted to and approved by West Somerset District Council. The monument management plan is to include—
(a) investigation of the landscape in which the monument was constructed;
(b) excavation of earlier archaeological trenches and reinstatement of material;
(c) scrub management and husbandry;
(d) details of the timing and implementation of the removal of the existing road adjacent to Wick Barrow (following construction of the replacement road and roundabout) and details of the grassing over of the existing road land; and
(e) updating of information relating the barrow to the National Monument Record, Somerset County Council Historic Environment Record and production of display material (including virtual and illustrated material).
(2)The monument management plan shall be implemented as approved during the construction of Work No. 1A, unless otherwise approved by West Somerset District Council. (2)The monument management plan shall be implemented as approved during the construction of Work No. 1A, unless otherwise approved by West Somerset District Council.
P9 Drainage: oil interceptors Drainage: oil interceptors
Surface water drainage from impermeable parking areas and hardstanding for vehicles and lorry parks shall be passed through oil interceptors prior to being discharged to any watercourse, surface water sewer or soakaway system, unless otherwise approved by West Somerset District Council. The oil interceptors shall have a sufficient capacity for the areas being drained and shall be constructed prior to the first use of the parking areas or hardstanding and shall thereafter be retained throughout the construction of Work No. 1A. Roof water shall not pass through the oil interceptors. Surface water drainage from impermeable parking areas and hardstanding for vehicles and lorry parks shall be passed through oil interceptors prior to being discharged to any watercourse, surface water sewer or soakaway system, unless otherwise approved by West Somerset District Council. The oil interceptors shall have a sufficient capacity for the areas being drained and shall be constructed prior to the first use of the parking areas or hardstanding and shall thereafter be retained throughout the construction of Work No. 1A. Roof water shall not pass through the oil interceptors.
P10 Surface water drainage Surface water drainage
(1)No development shall commence until details of the surface and foul water drainage system for that part (including means of pollution control, details of water management zones and a programme of construction and implementation) have, after consultation with the relevant drainage authority, been submitted to and approved by West Somerset District Council. (1)No development shall commence until details of the surface and foul water drainage system for that part (including means of pollution control, details of water management zones and a programme of construction and implementation) have, after consultation with the relevant drainage authority, been submitted to and approved by West Somerset District Council.
(2)The details shall be in general accordance with figure A.1.6 of Appendix 2A of Volume 2 of the Environmental Statement and shall attenuate discharge to greenfield run-off rates. (2)The details shall be in general accordance with figure A.1.6 of Appendix 2A of Volume 2 of the Environmental Statement and shall attenuate discharge to greenfield run-off rates.
(3)The surface and foul water drainage system referred to in paragraph (1) shall be constructed, maintained and retained in accordance with the approved details, save to the extent MS30 indicates otherwise. (3)The surface and foul water drainage system referred to in paragraph (1) shall be constructed, maintained and retained in accordance with the approved details, save to the extent MS30 indicates otherwise.
P11 Drainage: culvert of Holford stream Drainage: culvert of Holford stream
(1)No development shall commence until details of the Holford Stream Culvert and/or infilling earthworks in the Holford Stream valley have been submitted to and approved by West Somerset District Council. The construction details for the culvert shall be in accordance with the concept details indicated on drawing HPCSPW011 Rev 1: Surface Water Drainage Holford Stream Culvert, unless otherwise approved by West Somerset District Council. (1)No development shall commence until details of the Holford Stream Culvert and/or infilling earthworks in the Holford Stream valley have been submitted to and approved by West Somerset District Council. The construction details for the culvert shall be in accordance with the concept details indicated on drawing HPCSPW011 Rev 1: Surface Water Drainage Holford Stream Culvert, unless otherwise approved by West Somerset District Council.
(2)The construction details shall include details of the method of working (including the direction of working, measures for dealing with any flows in the watercourse, backfilling of the original channel, culvert foundations, compaction of fill around the culvert), demonstration of whether the proposed perforated land drains will be able to support the structural loading of the 12m of fill material and operate as intended for their design life, future ownership, maintenance and inspection (including of the proposed trash and security screen), repair, and operation of the culvert, and the full hydraulic design of the Holford Stream to demonstrate that there will be no loss of depth upstream or downstream during low flow conditions. (2)The construction details shall include details of the method of working (including the direction of working, measures for dealing with any flows in the watercourse, backfilling of the original channel, culvert foundations, compaction of fill around the culvert), demonstration of whether the proposed perforated land drains will be able to support the structural loading of the 12m of fill material and operate as intended for their design life, future ownership, maintenance and inspection (including of the proposed trash and security screen), repair, and operation of the culvert, and the full hydraulic design of the Holford Stream to demonstrate that there will be no loss of depth upstream or downstream during low flow conditions.
(3)The culvert works to the Holford Stream shall be carried out in accordance with the approved details. The culvert works shall thereafter be retained for the duration of the authorised project. (3)The culvert works to the Holford Stream shall be carried out in accordance with the approved details. The culvert works shall thereafter be retained for the duration of the authorised project.
P12 Flood Risk: Management Strategy Flood Risk: Management Strategy
No development shall occur until a flood risk management strategy has, after consultation with the Environment Agency, been submitted to and approved by West Somerset District Council. No development shall occur until a flood risk management strategy has, after consultation with the Environment Agency, been submitted to and approved by West Somerset District Council.
P13 Geology and Contaminated Land: Contamination Risk Assessment and Implementation Geology and Contaminated Land: Contamination Risk Assessment and Implementation
(1)No development shall commence until the following components of a scheme to deal with the risks associated with potential and known contamination of the site shall each have been submitted to and approved by West Somerset District Council. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation and must include— (1)No development shall commence until the following components of a scheme to deal with the risks associated with potential and known contamination of the site shall each have been submitted to and approved by West Somerset District Council. The scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation and must include—
(a) a preliminary risk assessment which identifies all previous uses of the site and surrounding land, potential contaminants associated with those uses and a conceptual model of the site indicating sources, pathways and receptors and potentially unacceptable risks arising from contamination at the site;
(b) a site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;
(c) an options appraisal and remediation strategy based upon the site investigation results and the detailed risk assessment in (b) giving full details of the remediation measures required and how they are to be undertaken;
(d) a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
(2)The scheme referred to in paragraph (1) shall be implemented as approved. Any changes to the scheme require the prior approval of West Somerset District Council. (2)The scheme referred to in paragraph (1) shall be implemented as approved. Any changes to the scheme require the prior approval of West Somerset District Council.
(3)West Somerset District Council shall be given two weeks prior written notification of commencement of the remediation works. Following completion of a measure identified in the approved remediation strategy, a verification report that demonstrates the effectiveness of the remediation must be produced and submitted to West Somerset District Council for approval prior to the commencement of any further development. (3)West Somerset District Council shall be given two weeks prior written notification of commencement of the remediation works. Following completion of a measure identified in the approved remediation strategy, a verification report that demonstrates the effectiveness of the remediation must be produced and submitted to West Somerset District Council for approval prior to the commencement of any further development.
P14 Storage of Oils, Fuels, Concrete and Chemicals Storage of Oils, Fuels, Concrete and Chemicals
In the construction of Work No. 1A, any facilities for the storage of oils, fuels, concrete or chemicals shall be sited on an impervious base and either be graded to drain to a sump/collector or surrounded by impervious walls to form a bunded compound. The volume of the sump/collector or bunded compound shall be at least equivalent to the capacity of the storage tank plus 10%. All filling points, vents, gauges and sight glasses must be located on the impervious base and the drainage system shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must be designed to discharge into the sump/collector or bunded compound. In the construction of Work No. 1A, any facilities for the storage of oils, fuels, concrete or chemicals shall be sited on an impervious base and either be graded to drain to a sump/collector or surrounded by impervious walls to form a bunded compound. The volume of the sump/collector or bunded compound shall be at least equivalent to the capacity of the storage tank plus 10%. All filling points, vents, gauges and sight glasses must be located on the impervious base and the drainage system shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must be designed to discharge into the sump/collector or bunded compound.
P15 Geology and Land Contamination: Spoil Mound Remediation Geology and Land Contamination: Spoil Mound Remediation
Unless otherwise approved by the relevant planning authority, no development shall commence within the Built Development Area East (as shown on drawing number HP/MR/01 Rev A of planning permission reference 3/32/10/025 dated 13th January 2011 (issued by Somerset County Council)) until— Unless otherwise approved by the relevant planning authority, no development shall commence within the Built Development Area East (as shown on drawing number HP/MR/01 Rev A of planning permission reference 3/32/10/025 dated 13th January 2011 (issued by Somerset County Council)) until—
(a) remediation works in any defined area of the site pursuant to planning permission reference 3/32/10/025 dated 13th January 2011 (issued by Somerset County Council) have been completed to the satisfaction of the relevant planning authority and the validation report and completion certificate for that defined area have been submitted to and approved by the relevant planning authority; except
(b) within areas confirmed in writing by the relevant planning authority in which there is no known or identified contamination, whereby development can proceed subject to condition PW20.
P16 Geology and contaminated land: radiological monitoring Geology and contaminated land: radiological monitoring
(1)No development shall commence until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 15.19 (Volume 2 of the Environmental Statement) has been submitted to and approved by West Somerset District Council. (1)No development shall commence until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 15.19 (Volume 2 of the Environmental Statement) has been submitted to and approved by West Somerset District Council.
(2)The radiological monitoring scheme shall be implemented in accordance with the approved details. (2)The radiological monitoring scheme shall be implemented in accordance with the approved details.
P17 Vegetation clearance Vegetation clearance
(1)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 shall be submitted to and approved by West Somerset District Council. (1)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 shall be submitted to and approved by West Somerset District Council.
(2)Any vegetation clearance undertaken during the period October to March inclusive shall be carried out in accordance with the requirements of the Winter Clearance Scheme. (2)Any vegetation clearance undertaken during the period October to March inclusive shall be carried out in accordance with the requirements of the Winter Clearance Scheme.
P18 Ecological Mitigation and Monitoring Plan Ecological Mitigation and Monitoring Plan
(1)No development shall commence until an Ecological Mitigation and Monitoring Plan has been submitted to and approved by West Somerset District Council. The submitted details shall reflect the survey results and ecological mitigation and enhancement measures included in Volume 2, chapter 20 of the Environmental Statement and shall include details of— (1)No development shall commence until an Ecological Mitigation and Monitoring Plan has been submitted to and approved by West Somerset District Council. The submitted details shall reflect the survey results and ecological mitigation and enhancement measures included in Volume 2, chapter 20 of the Environmental Statement and shall include details of—
(a) works for plant community development based on the National Vegetation Classification across the grasslands woodland and hedgerow habitats;
(b) the monitoring of invertebrates (butterflies and other indicator species);
(c) the scale and timing of habitat creation and enhancement works;
(d) the monitoring of bat activity;
(e) a scheme for the protection of badgers;
(f) bird counts to be undertaken on the site, and
(g) a timetable for implementation.
(2)The Ecological Mitigation and Monitoring Plan shall be implemented as approved for the duration of the construction of Work No. 1A. (2)The Ecological Mitigation and Monitoring Plan shall be implemented as approved for the duration of the construction of Work No. 1A.
P19 Habitat Management Plan Habitat Management Plan
(1)No development shall commence until a Habitat Management Plan has been submitted to and approved by West Somerset District Council. The submitted details shall include all areas of habitats proposed to be retained or created and include information on proposals for the management and monitoring of retained features. (1)No development shall commence until a Habitat Management Plan has been submitted to and approved by West Somerset District Council. The submitted details shall include all areas of habitats proposed to be retained or created and include information on proposals for the management and monitoring of retained features.
(2)The Habitat Management Plan shall be implemented as approved. (2)The Habitat Management Plan shall be implemented as approved.
P20 Transport: HGV emissions Transport: HGV emissions
Unless otherwise agreed by West Somerset District Council, all HGVs to be used in the HPC construction works shall be of the Euro standard that is at least EURO IV. All HGVs to be used in the HPC construction works shall register on a database held by the undertaker but accessible to Somerset County Council, Sedgemoor District Council and West Somerset District Council. Unless otherwise agreed by West Somerset District Council, all HGVs to be used in the HPC construction works shall be of the Euro standard that is at least EURO IV. All HGVs to be used in the HPC construction works shall register on a database held by the undertaker but accessible to Somerset County Council, Sedgemoor District Council and West Somerset District Council.
P21 Engineering details of foreshore access road Engineering details of foreshore access road
No works to construct the foreshore access road shall commence until engineering construction details for the road including any associated drainage works have been submitted to and approved by West Somerset District Council. The foreshore access road shall be removed on completion of construction of the offshore works, unless otherwise approved by West Somerset District Council. No works to construct the foreshore access road shall commence until engineering construction details for the road including any associated drainage works have been submitted to and approved by West Somerset District Council. The foreshore access road shall be removed on completion of construction of the offshore works, unless otherwise approved by West Somerset District Council.
P22 Access to foreshore Access to foreshore
(1)The foreshore access road shall not be brought into use until demarcations are in place to prevent the movement of vehicles and plant outside the works area/access corridor on intertidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI. (1)The foreshore access road shall not be brought into use until demarcations are in place to prevent the movement of vehicles and plant outside the works area/access corridor on intertidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI.
(2)Construction vehicles and plant shall not be permitted to have access to any other areas of the foreshore outside the works area/access corridor. (2)Construction vehicles and plant shall not be permitted to have access to any other areas of the foreshore outside the works area/access corridor.
P23 Flooding: foreshore access Flooding: foreshore access
The foreshore access road shall not be brought into use for any HPC construction works until flood warning notices have been erected in suitable and visible positions, such positions and wording of the signs to be approved by West Somerset District Council. The flood warning notices shall be retained throughout the period during which the foreshore access road is in place. The foreshore access road shall not be brought into use for any HPC construction works until flood warning notices have been erected in suitable and visible positions, such positions and wording of the signs to be approved by West Somerset District Council. The flood warning notices shall be retained throughout the period during which the foreshore access road is in place.
P24 Flooding / erosion: retaining wall Flooding / erosion: retaining wall
No works to construct the temporary earthworks retaining wall on the cliff / foreshore shall commence until engineering construction details of the temporary earthworks retaining wall have been submitted to and approved by West Somerset District Council. The works shall be carried out and retained in accordance with the approved details. No works to construct the temporary earthworks retaining wall on the cliff / foreshore shall commence until engineering construction details of the temporary earthworks retaining wall have been submitted to and approved by West Somerset District Council. The works shall be carried out and retained in accordance with the approved details.
P25 Landscape and visual: concrete batching plants Landscape and visual: concrete batching plants
Notwithstanding the provisions of the 1995 Order the concrete batching plants and associated integral silos to be constructed on the site shall be finished in a neutral colour and matt finish, unless otherwise approved by West Somerset District Council. Notwithstanding the provisions of the 1995 Order the concrete batching plants and associated integral silos to be constructed on the site shall be finished in a neutral colour and matt finish, unless otherwise approved by West Somerset District Council.
P26 General Permitted Development Order: sleeping accommodation General Permitted Development Order: sleeping accommodation
Notwithstanding the provisions of Parts 4 and 5 of Schedule 2 to the 1995 Order, except in respect of Work No. 3, no part of the site shall be used for the stationing of sleeping accommodation for site workers, unless the approval of the relevant planning authority has first been obtained. Notwithstanding the provisions of Parts 4 and 5 of Schedule 2 to the 1995 Order, except in respect of Work No. 3, no part of the site shall be used for the stationing of sleeping accommodation for site workers, unless the approval of the relevant planning authority has first been obtained.

HPC Development Site: Work Nos. 1A, 1B and 1C

4

For the purpose of requirements MS1 to MS40, the “site” refers to the limits of Work No. 1A as shown on sheet no. 2 and “development” refers to Work Nos. 1A, 1B and 1C. Requirements MS1 to MS40 relate only to development carried out on the site as so defined. Of the requirements in this paragraph only requirements MS1 to MS27 apply to Work No. 1A(a) to (c) (site preparation works).

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