Legalize / United Kingdom / Statutory-Instrument

The Northampton Gateway Rail Freight Interchange Order 2019

Type Statutory-Instrument

Publication 2019-10-09

Last updated 2025-10-03

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(8) Unless provided for in the book of reference and article 24 (compulsory acquisition of land) the undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised development

35

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for those purposes provided that any temporary access to the public highway is subject to the approval of the relevant highway authority.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may remain in possession of land under this article only for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works (including temporary accesses to the public highway) and restore the land to the reasonable satisfaction of the owners of the land and any temporary highway accesses to the reasonable satisfaction of the relevant highway authority.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13[^f00057] (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125[^f00058] (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article, “maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first brought into use.

Apparatus and rights of statutory undertakers in stopped up streets

36

(1) Where a street is stopped up under article 10 (permanent stopping up of streets) any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 10 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of that new apparatus involves additional costs which would not have been incurred if the apparatus had been of the same type, capacity or laid at the same depth as the existing apparatus, then the amount payable to the statutory utility is to be reduced by a sum equivalent to those additional costs.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works must be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs must be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

No double recovery

37

Compensation is not payable both under this Order and under any other enactment, any contract or any rule of law to the extent the compensation relates to the same detriment.

PART 6 — MISCELLANEOUS AND GENERAL

Operation and use of railways

38

The undertaker may operate and use the railway comprised in the authorised development and any other elements of the authorised development as a system, or part of a system, of transport for the carriage of goods.

Operational land for the purposes of the 1990 Act

39

Development consent granted by this Order within that part of the Order limits upon which the highway works are to be carried out is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Charges

40

The undertaker may demand, take or recover or waive such charges for carrying goods on the railway comprised in the authorised development, and for any other services or facilities provided in connection with the operation of that railway, as it thinks fit.

Defence to proceedings in respect of statutory nuisance

41

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00059] in relation to a nuisance falling within paragraph (g) of section 79(1)[^f00060] (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order may be made, and no fine may be imposed, under section 82(2)[^f00061] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974[^f00062]; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot be reasonably avoided.

(2) Section 61(9)[^f00063] of the Control of Pollution Act 1974 does not apply where the consent relates to the use of the premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Felling or lopping of trees and removal of hedgerows

42

(1) Subject to paragraphs (4) to (6), the undertaker may fell or lop any tree, shrub or hedgerow within 15 metres of any part of the authorised development, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub or hedgerow—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree, shrub or hedgerow and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

(4) The provisions of paragraph (1) do not apply without the agreement of the relevant planning authority to any tree or hedgerow identified to be retained in the landscaping scheme approved under requirement 10 (provision of landscaping).

(5) The provisions of paragraph (1) do not apply without the agreement of the relevant highway authority to any tree or hedgerow within a highway.

(6) The undertaker may fell or lop or cut back any tree or shrub which is subject to a tree preservation order (as identified in appendix C of the arboricultural assessment) with the prior approval of the relevant planning authority, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development.

(7) In carrying out any activity authorised by paragraph (6)—

(a) the undertaker is not to do unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(8) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

Protective provisions

43

Schedule 13 (protective provisions) to this Order has effect.

Governance of requirements and governance of protective provisions relating to highway works

44

(1) When in any requirement or in Parts 2 and 3 of Schedule 13 (protective provisions) approval or agreement is required of, or with, anybody in relation to the content, carrying out or use of the authorised development (including the approval of details or plans under the requirements) such approval or agreement—

(a) must not be given if it would permit a change to the development which would give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement; and

(b) is to be treated as if it were a “subsequent application” under the provisions of the 2017 EIA Regulations (whether or not it accords with the definition of “subsequent application” in the 2017 EIA Regulations) and the provisions of the 2017 EIA Regulations apply accordingly.

(2) When any details, plans or other matters have been agreed or approved by the relevant planning authority under a requirement or the relevant highway authority under a requirement or Parts 2 and 3 of Schedule 13 then such details, plans or other matters may subsequently be amended by agreement with the relevant planning authority or relevant highway authority, as the case may be, provided that no amendments to those details, plans or other matters may be approved where such amendments would permit a change to the development which would give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement.

(3) Where a consent, agreement or approval is required or requested by the undertaker under a requirement then the procedure set out in Part 2 of Schedule 2 (procedure for approvals etc. under requirements) for obtaining such consent, agreement or approval, and appealing against the refusal or failure to approve or refuse such consent, agreement or approval, applies.

Disapplication, application and modification of legislative provisions

45

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development—

(a) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991[^f00064] in relation to watercourses for which Northamptonshire County Council is the drainage board concerned;

(b) section 32[^f00065] (variation of awards) of the Land Drainage Act 1991;

(c) the provisions of any byelaws made under section 66[^f00066] (powers to make byelaws) of the Land Drainage Act 1991; and

(d) section 28E (duties in relation to sites of special scientific interest) of the Wildlife and Countryside Act 1981[^f00067].

(2) The provisions of the Neighbourhood Planning Act 2017[^f00068] do not apply in so far as they relate to the temporary possession of land under articles 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) of this Order.

(3) Any development, or any part of a development, within the Order limits which is constructed or used under the authority of a planning permission pursuant to Part 3 of the 1990 Act (whether express or otherwise) following the coming into force of this Order is to be disregarded at all times for the purposes of ascertaining whether or not an offence has been committed under the provisions of sections 160 (development without development consent) and 161 (breach of terms of order granting development consent) of the 2008 Act[^f00069].

(4) Regulation 4 (requirement for consent) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007[^f00070] does not apply to any advertisement erected in the location and in accordance with the parameters shown on the parameters plan as S1 and S2.

(5) This Order does not constitute a planning permission for the purposes of Part 11 of the 2008 Act (community infrastructure levy) notwithstanding the definition of planning permission contained within regulation 5[^f00071] (meaning of planning permission) of the 2010 Regulations.

(6) Schedule 14 (miscellaneous controls) to this Order, which makes provision applying, modifying and excluding statutory provisions which relate to matters for which provision may be made by this Order, has effect.

(7) Paragraphs (1) to (6) only apply in so far as those provisions are not inconsistent with the 2017 EIA Regulations and any orders, rules or regulations made under the 2008 Act.

Certification of plans and documents

46

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the plans and documents identified in Schedule 16 (certification of plans and documents) for certification that they are true copies of those plans and documents

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

47

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00072], as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of that land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date may not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article—

“electronic transmission” means a communication transmitted—by means of electronic communications network; orby other means but while in electronic form; and

“legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

48

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order, other than a difference which falls to be determined by the tribunal or is the subject of enforcement action under Part 8 of the 2008 Act, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after giving notice in writing to the other, by—

(a) in the case of matters pertaining to land and the surveying of such land, the president of the Royal Institute of Chartered Surveyors;

(b) in the case of matters of legal interpretation, the president of the Law Society; and

SCHEDULE 1 — AUTHORISED DEVELOPMENT

PART 1 — NSIP: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE

In the County of Northamptonshire and the District of South Northamptonshire and in the Borough of Northampton—

Works No. 1

Within the area of land described on the works plans as Works No. 1—

(1) The construction of a new railway line the general arrangement of which is shown on the railway plans from the rail freight terminal (Works No. 2) to connect with the existing Northampton Loop railway line and including—

(a) construction of railway track and associated rail infrastructure;

(b) a tunnel under the screening bund to be provided as part of Works No. 6;

(c) formation of railway cuttings, embankments and all necessary earthworks, drainage and overhead electrified line equipment;

(d) arrival and departure rail tracks adjacent to the rail freight terminal constructed as part of Works No. 2; and

(e) a headshunt.

(2) Alterations to tracks, signalling, overhead electrified line equipment and associated plant on the Northampton Loop railway line to facilitate the new railway line.

Works No. 2

Within the area of land described on the works plans as Works No. 2—

(1) The construction of a rail freight terminal, the general arrangement of which is shown indicatively on the illustrative rail terminal plan, to connect with the rail infrastructure described in Works No. 1 including—

(a) earthworks to achieve a terminal plateau;

(b) access and circulation roads;

(c) the construction of an intermodal rail freight loading and unloading terminal and terminal for the loading of aggregates including but not exclusively—

(i) rail sidings to load and unload freight;

(ii) raised platforms;

(iii) freight storage areas; and

(iv) gantry cranes and reach stackers;

(d) rail tracks and associated rail infrastructure;

(e) drainage;

(f) security fencing;

(g) cripple sidings, rail freight terminal refuelling and maintenance areas;

(h) terminal entry and exit gates, loading lanes, internal roads, gatehouses and parking areas;

(i) rail freight terminal administrative building including staff and visitor welfare facilities; and

(j) storage and workshop buildings.

Works No. 3

Within the area of land described on the works plans as Works No. 3 the construction of a new railway line to serve the warehousing to be constructed within Works No. 4 on land identified as Zones A2a, A2b, A3 and A4 on the parameters plan, the general arrangement of which is shown indicatively on the railway plans.

Works No. 4

Within the area of land described on the works plans as Works No. 4—

(1) The construction of rail served warehousing (including ancillary offices and other buildings) within the areas annotated as Zones A1, A2, A3 and A4 on the parameters plan including—

(a) railway sidings and associated railway infrastructure connecting to Works No. 3;

(b) construction of development plateaus;

(d) service yards and vehicle parking;

(e) vehicle and pedestrian access routes;

(f) solar energy provision;

(g) vehicle maintenance units;

(h) container storage;

(i) ancillary buildings;

(j) drainage basins and ponds for surface water attenuation and other attenuation features;

(k) landscaping and bunding;

(l) relocation of existing communications masts; and

(m) signage.

(2) HGV park to accommodate approximately 120 HGVs and welfare facilities.

(3) Estate office.

(4) The demolition of existing farmhouses and associated outbuildings.

(5) Advertisements located within the area indicated and in accordance with the parameters and location shown as S1 on the parameters plan.

Works No. 5

Within the area of land described on the works plans as Works No. 5—

(1) The construction of infrastructure on the main site including—

(a) private estate roads;

(b) roundabouts and other junctions;

(d) footways and cycleways;

(e) vehicle lay-bys; and

(f) bus stops and shelters.

Works No. 6

Within the area of land described on the works plans as Works No. 6—

(1) The provision of structural landscaping including—

(a) earthworks (including retaining structures) for the creation of screening bunds;

(b) soft landscaping surrounding the development comprising Works Nos. 1, 2, 3, 4 and 5 and including screening bund over the tunnel comprised in Works No. 1;

(d) boundary treatments (including fencing);

(e) ecological mitigation and habitat creation;

(f) flood plain compensation;

(g) retention of existing woodland and agricultural land; and

(h) relocation of existing communications masts.

(2) The provision of a footbridge for a public footpath to cross over the railway constructed as part of Works No. 1.

(3) Advertisements located within the areas indicated and in accordance with the parameters and locations shown as S1 and S2 on the parameters plan

Works No. 7

Within the area of land described on the works plans as Works No. 7—

(1) Works to the A508 the general arrangement of which is shown on the highway plans (Documents 2.4B and 2.4C) including—

(a) works to create a roundabout providing access to the main site;

(b) works to create a temporary access to the main site from the A508 as shown on drawing number NGW-BWB-GEN-XX-SK-C-SK07 Rev P4 contained in the construction and environmental management plan;

(c) widening of the A508 to a dual carriageway between the roundabout access to the main site and junction 15 of the M1 motorway;

(d) the removal of existing carriageway and construction of a new carriageway;

(e) removal of and alterations and extensions to drainage culverts;

(f) construction of a shared use footway and cycleway alongside the A508; and

(g) relocation of existing communications mast and its associated access.

PART 2 — ASSOCIATED DEVELOPMENT

Associated development within the meaning of section 115(2) (development for which consent may be granted) of the 2008 Act comprising—

In the County of Northamptonshire and the District of South Northamptonshire and the Borough of Northampton—

Works No. 8

Within the area of land described on the works plans as Works No. 8—

(1) Works to junction 15 of the M1 motorway the general arrangement of which is shown on the highway plans (Document 2.4B) comprising enlargement, widening and alteration of the gyratory that forms junction 15.

(2) Works to the M1 motorway the general arrangement of which is shown on the highway plans (Documents 2.4A and 2.4B) including—

(a) realignment, improvement and widening of the M1 slip roads between the mainline M1 motorway and the gyratory that forms junction 15;

(b) realignment and improvement of merges and diverges between the mainline M1 motorway and the M1 slip roads;

(d) installation of gantries,

or, as an alternative, works to the M1 motorway the general arrangement of which is shown on the highway plans (Documents 2.4T and 2.4U) including—

(i) realignment, improvement and widening of the M1 slip roads between the mainline M1 motorway and the gyratory that forms junction 15;

(ii) realignment and improvement of merges and diverges between the mainline M1 motorway and the M1 slip roads;

(iii) removal of and alterations and extensions to drainage culverts; and

(iv) installation of gantries.

(3) Works to the A45 trunk road the general arrangement of which is shown on the highway plans (Document 2.4B) including—

(a) realignment, widening and improvement of the A45;

(b) improvement and signalisation of the junction between the C67 Watering Lane and the A45 Northbound;

(d) removal of bus lay-bys;

(e) removal of and alterations and extensions to drainage culverts; and

(f) installation of gantries.

Works No. 9

Within the area of land described on the works plans as Works No. 9—

(1) Works to Saxon Avenue the general arrangement of which is shown on the highway plans (Document 2.4B) comprising widening, improvement and alterations connecting to Works No. 8.

(2) Works to the C67 Watering Lane the general arrangement of which is shown on the highway (Document 2.4B) plans including—

(a) realignment and improvement connecting to Works No. 8; and

(b) provision of a bus stop and an uncontrolled crossing.

(3) Improvement of the Collingtree footpath bridge over the M1 motorway (and its northern approach) to provide a cycle track as shown on the access and rights of way plans (Document 2.3A).

Works No. 10

Within the area of land described on the works plans as Works No. 10 the construction of new sewers and improvements and alterations to existing sewers as shown on drawing number NGW-BWB-GEN-XX-SK-C-SK13 Rev P1 contained in Appendix 7.3 of the environmental statement.

Works No. 11

Within the area of land described on the works plans as Works No. 11—

(1) Works to junction 15A of the M1 motorway the general arrangement of which is shown on the highway plans (Document 2.4F) including—

(a) realignment, improvement and widening of the A43; and

(b) improvement, widening and partial signalisation of the roundabouts north and south of the M1.

(2) Realignment, improvement and widening of the A5123 the general arrangement of which is shown on the highway plans (Document 2.4F).

Works No. 12

Within the area of land described on the works plans as Works No. 12—

(1) The alteration of the junction between the A508 and Blisworth Road (Parish of Courteenhall) the general arrangement of which is shown on the highway plans (Document 2.4C) including—

(a) alterations to remove the ability for right turn manoeuvres including the construction of a central island;

(b) realignment of the A508;

(d) alterations to the access into the Courteenhall Estate.

(2) Construction of a shared use footway and cycleway on the western side of the A508 the general arrangement of which is shown on the highway plans (Document 2.4C) connecting with that provided within Works Nos. 7 and 13.

(3) Construction of an uncontrolled pedestrian crossing of the A508 the general arrangement of which is shown on the highway plans (Document 2.4C) at the junction between the A508 and the unnamed road to Quinton.

Works No. 13

Within the area of land described on the works plans as Works No. 13—

(1) The construction of a new highway linking the A508 Northampton Road to the A508 Stratford Road, bypassing the village of Roade (to be known as the Roade Bypass), the general arrangement of which is shown on the highway plans (Documents 2.4C, 2.4D and 2.4E) including—

(a) roundabout junctions between the Roade Bypass and the A508 Northampton Road, A508 Stratford Road and Blisworth Road (Parish of Roade);

(b) drainage swales and attenuation features;

(d) an underpass for bridleway RZ1/KZ10;

(e) the stopping up and substitution of parts of existing public rights of way KZ2a, KZ19, and RZ3;

(f) the construction of a shared use footway and cycleway;

(g) environmental mitigation bunds and acoustic fencing;

(h) ecological mitigation areas;

(i) temporary construction compounds; and

(j) the alteration of private accesses as shown on the access and rights of way plans.

Works No. 14

Within the area of land shown on the works plans as Works No. 14—

(1) The improvement of the junction between the A508 and the C26 the general arrangement of which is shown on the highway plans (Document 2.4E) including—

(a) realignment of the A508;

(b) improvement and enlargement of the priority junction between the A508 and C26 Rookery Lane and between the A508 and C26 Ashton Road;

(d) uncontrolled crossings of the A508 and C26; and

(e) the alteration of a private access as shown on the access and rights of way plans.

Works No. 15

Within the area of land shown on the works plans as Works No. 15—

(1) The improvement of the junction between the A508 and the C85 Pury Road the general arrangement of which is shown on the highway plans (Document 2.4F) including—

(a) widening and realignment of the A508; and

(b) extension of the ghost island right turn lane at the junction between the A508 and C85 Pury Road.

Works No. 16

Within the area of land shown on the works plans as Works No. 16—

(1) The improvement of the junction between the C27 Stoke Road and Knock Lane the general arrangement of which is shown on the highway plans (Document 2.4F) including—

(a) widening of Knock Lane on the approach to the C27 Stoke Road; and

(b) drainage improvements.

(2) The widening of Knock Lane and Blisworth Road (Parish of Roade) the general arrangement of which is shown on the highway plans (Document 2.4F).

Works No. 17

Within the area of land described on the works plans as Works No. 17—

(1) The improvement of the A508 in Grafton Regis the general arrangement of which is shown on the highway plans (Document 2.4F) including—

(a) a refuge island on the A508;

(b) removal of a parking lay-by;

(d) a ghost island right turn junction at Church Lane.

Further works

The following further works provided that such works are not likely to give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any updated environmental information supplied under the 2017 EIA Regulations—

(1) Within the area of land described on the works plans as Works Nos. 1 to 5 the provision of—

(a) weighbridges;

(b) internal estate roads, maintenance accesses and footways;

(d) bus turning-head;

(e) substations;

(f) demolition of buildings and structures; and

(g) such other works as may be necessary or expedient for the purpose of or in connection with the construction of the Works Nos 1 to 17.

(2) Within the area of land described on the works plans as Works Nos. 1 to 6—

(a) swales, landscaping and boundary treatments, earthworks and earthwork retaining structures;

(b) the provision of footways, cycle tracks, permissive cycle tracks, bridleways and footpath linkages;

(c) water supply works, foul drainage provision, foul pumping stations, surface water management systems, balancing ponds (surface and underground), attenuation and culverting;

(d) connections to mains services and provision of utilities infrastructure including primary and secondary substations and pressure reducing stations;

(e) diversion and provision of utilities including foul water sewers;

(f) relocation of existing communications masts;

(g) demolition of surface structures;

(h) temporary concrete batching plants during the period of construction of the authorised development;

(i) temporary construction compounds and materials and aggregate store during the period of construction of the authorised development;

(j) lighting;

(k) signage;

(l) CCTV equipment; and

(m) such other works as may be necessary or expedient for the purpose of or in connection with the construction of Works Nos. 1 to 17.

(3) Within the area of land described on the works plans as Works Nos. 7 to 9 and 11 to 17 the provision of—

(a) site clearance and excavation;

(b) removal of existing and creation of new private means of accesses in the locations shown on the access and rights of way plans;

(d) safety barriers;

(e) surface water drainage works including swales, attenuation, outfalls, headwalls and culverting;

(f) ducting;

(g) bunds, embankments, cuttings, landscaping, earthworks and earthwork retaining structures;

(h) pavements, surface treatments, refuge islands, kerbs and channels;

(i) the provision of footways, cycle tracks, bridleways and footpath linkages;

(j) traffic signs, traffic signals and road markings;

(k) street lighting and electrical equipment;

(l) retaining walls;

(m) diversion and provision of utilities including foul water sewers;

(n) temporary earthworks material stockpiles;

(o) demolition of buildings and structures; and

(p) such other works as may be necessary or expedient for the purpose of or in connection with the construction of Works Nos 1 to 17.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule unless the context requires otherwise—

“authorised buildings” means any buildings erected as part of the authorised development;

“component of the authorised development on the main site” means the components listed in requirement 3(1)(a) to (j) (components of development and phasing);

“construction and environmental management plan” means the document of that description contained in appendix 2.1 of the environmental statement;

“the design and access statement” means the document of that description referred to in Schedule 16 (certification of plans and documents) and certified by the Secretary of State as the design and access statement for the purposes of this Order;

“flood risk assessment” means the document of that description contained in appendix 7.1 of the environmental statement;

“framework site waste management strategy” means the document of that description in appendix 14.2 of the environmental statement;

“ecological mitigation works” means the relocation/translocation of hedgerows, grassland translocation and creation of an artificial badger sett;

“employment scheme” means a scheme for the provision of employment and training for those employed at the authorised development comprising— details of how the initial employment opportunities at the authorised development will be advertised and how liaison with the relevant planning authorities and Northamptonshire County Council or any successor body will take place with the objective of maximising access to information about such employment opportunities for the local workforce and, in particular, unemployed persons; details of how training opportunities will be provided for employees; details of an apprenticeship scheme; details of measures to be taken to provide college and/or work placement opportunities for students and unemployed persons within the locality; other measures where appropriate (including but not limited to)— a recruitment/training programme for construction employees with a focus on the job centres in locations where employment deprivation has been identified; provision of skills training; and preference to be given to procurement of local products and services where efficient, cost effective and lawful; and details of the reporting and monitoring of the above measures;

“Euro VI compliant” means compliant with the Euro VI emission standard for the vehicle in question contained in Regulation (EC) No 595/2009[^f00073];

“HGV monitoring scheme” means a scheme dealing with the location, installation, operation and enforcement of the HGV monitoring system all as described in the transport assessment;

“HGV monitoring system” means a system of monitoring the number, and identity, of any HGV departing from the main site and travelling south along the A508 either by turning right out of the main site access or by turning left out of the main site access and using junction 15 of the M1 motorway to proceed around the roundabout and return along the A508 thus enabling the HGV to travel south along the A508;

“illustrative landscape plan (main site)” means the document of that description contained in chapter 4 of the environmental statement;

“landscape and ecological management plan” means the document of that description contained in appendix 5.12 of the environmental statement;

“lighting strategy” means the document of that description contained in appendix 11.3 of the environmental statement;

“main site built development and landscape surrounds proposed components and sequence plan” means the document of that description contained in chapter 2 of the environmental statement;

“main site phasing plan” means the document of that description contained in chapter 2 of the environmental statement;

“occupation” means occupation of the authorised buildings other than for the purpose of constructing, fitting out, commissioning or site security;

“Rail Central development” means the development of a rail freight interchange (as defined in section 26 (rail freight interchanges) of the 2008 Act) on land situated to the west of the Northampton Loop Line and to the north of the West Coast Main Line on the opposite side of the Northampton Loop Line to the authorised development;

“Rail Central footpath connections” means the connections of the footpaths leading from the Rail Central development to footpaths within the authorised development connecting at points A and B as shown on the Rail Central footpath connections plan or any alternative connections agreed between the undertaker (by which expression is meant the undertaker relating to the authorised development as defined in this Order) and the Rail Central undertaker, and approved by the relevant planning authority;

“Rail Central footpath connections plan” means the plan of that description referred to in Schedule 16 (certification of plans and documents) and certified by the Secretary of State as the Rail Central footpath connections plan for the purposes of this Order;

“Rail Central Order” means the order made by the Secretary of State under section 114[^f00074] (grant or refusal of development consent) of the 2008 Act if development consent is granted for the Rail Central development pursuant to the application accepted for examination on 15th November 2018, including any amendment to that order; or any subsequent development consent order for the Rail Central development;

“Rail Central undertaker” means the undertaker as defined in the Rail Central Order (if made);

“relevant body” means, in respect of each of the highway works, the body referred to in respect of each of those works in column (4) of the table in requirement 6 (design and phasing of highway works);

“relevant highway authorities” means both the local highway authority and Highways England;

“relevant planning authorities” means all the district planning authorities within whose administrative areas the Order limits lie;

“sustainable drainage statement” means the document of that description contained in appendix 7.3 of the environmental statement;

“sustainable drainage strategy” means the strategy for surface water drainage set out in the sustainable drainage statement;

“sustainability statement” means the document titled sustainability statement for planning contained in appendix 2.2 of the environmental statement;

“sustainable transport working group” means the group membership, duties and protocol of which is set out in Schedule 15; and

“water framework directive assessment” means the document of that description (document number NGW-BWB-EWE-XX-RP-YE-0004_S2_P2) contained in the statement of common ground dated 2nd November 2018 made between the Environment Agency and Roxhill (Junction 15) Ltd (examination library reference [REP1-015]).

Time limit

2

The authorised development must commence within 5 years of the date on which this Order comes into force.

Components of development and phasing

3

(1) No component of the authorised development on the main site is to commence until details of the phasing of that component have been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The components for the purposes of this schedule are—

(a) earthworks;

(b) rail terminal and related infrastructure;

(d) surface water and foul drainage;

(e) development plots;

(f) landscaping and ecological mitigation;

(g) permanent advertisements in the locations identified as S1 and S2 on the parameters plan;

(h) any temporary means of enclosure;

(i) any temporary site notices or advertisements; and

(j) services.

(2) The authorised development must be carried out in accordance with the approach to phasing set out on the main site phasing plan and the main site built development and landscape surrounds proposed components and sequence plan unless otherwise agreed in writing with the relevant planning authority.

(3) A rail terminal capable of handling at least four intermodal trains per day, including 775 metre length trains, must be constructed and available for use prior to the occupation of any of the warehousing.

(4) Following the provision of the rail infrastructure, no rail infrastructure must be removed which would impede the ability of the rail terminal to handle four intermodal trains per day unless otherwise agreed in writing by the relevant planning authority.

Sustainable transport

4

(1) The provisions of the framework travel plan or any variation of such plan agreed by the transport working group must be complied with at all times following the commencement of the authorised development unless otherwise agreed in writing by the relevant planning authority.

(2) Prior to the occupation of each individual warehouse unit an occupier-specific travel plan is to be submitted to, and approved in writing by, the relevant planning authority. Each specific travel plan must be in accordance with the framework travel plan or any approved variation thereto pursuant to sub-paragraph (1) and must be complied with at all times following the occupation of the relevant warehouse unit to which it relates.

(3) The public transport strategy must be implemented and complied with at all times.

(4) Where in the framework travel plan or public transport strategy reference is made to employees in the context of sustainable transport measures then that reference must be construed as including all persons attending the authorised development as their usual place of work and is not to be confined solely to persons who are directly employed by an occupier of the authorised development.

(5) The undertaker must use reasonable endeavours to maximise the use of Euro VI compliant HGV and public transport vehicles in respect of—

(a) any HGV fleets operated by occupiers of the warehouses which visit the warehouses; and

(b) any public transport service provided pursuant to the public transport strategy and dedicated to serving the authorised development.

(6) Prior to the commencement of the construction of any warehousing, the undertaker must establish the sustainable transport working group to discharge the role of that group in relation to the provisions of the framework travel plan and public transport strategy in accordance with the provisions of Schedule 15 (membership, role and protocol of the sustainable transport working group).

(7) The membership, role and protocol of the sustainable transport working group will be as set out in Schedule 15 and the group will be administered by the undertaker, and operated, in accordance with the provisions of Schedule 15.

(8) The sustainable transport working group is to continue its duties until the expiry of five years from full occupation of the authorised development unless otherwise agreed with the relevant planning authorities.

(9) Prior to the occupation of any warehouse, the HGV monitoring scheme (including the HGV monitoring system) must be approved in writing by the local highway authority. The monitoring system must be installed in accordance with the approved HGV monitoring scheme and must be operative prior to the occupation of any warehouse. Thereafter the HGV monitoring system must be kept in operation and in good working order at all times and any deficiencies in the operation of the system must be remedied as expeditiously as possible.

Design and phasing of highway works

5

(1) The highway works must be carried out in accordance with details first submitted to and approved by the relevant body in accordance with the provisions of Parts 2 and 3 of Schedule 13 (protective provisions).

(2) The height of fencing along the Roade bypass (Works No. 13) is to be in accordance with Figure 8.6 of Chapter 8 of the environmental statement.

6

The undertaker must complete the highway works identified in column (1) of the table below by no later than the stage of the authorised development set out in column (3) of the table below or such alternative later stage or event as agreed by the relevant body identified in column (4).

(1) Works as described in Schedule 1	(2) Description	(3) Stage of Development	(4) Relevant Body
Works No. 7(1)	A508 dualling and main site access roundabout	To be completed prior to the occupation of first warehouse to be occupied	Local highway authority
Works No. 8(1), (2) and (3)	M1 Junction 15 improvements including A45	To be completed prior to the occupation of first warehouse to be occupied	Highways England
Works No. 9(1), (2) and (3)	Saxon Avenue, C67 Watering Lane and Collingtree Footpath Bridge (highway works)	To be completed prior to the occupation of first warehouse to be occupied	Local highway authority
Works No. 11(1)	M1 Junction 15A improvements	Subject to requirement 31 to be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Highways England
Works No. 11(2)	M1 Junction 15A improvements (A5123)	Subject to requirement 31 to be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 12(1)	A508 Blisworth Road junction improvement including footway improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 13	A508 Roade Bypass	To be completed within the earliest of— (i) 2 years of occupation of first warehouse to be occupied; or (ii) 4 years from the commencement of Works No. 8	Local highway authority
Works No. 14	A508/C26 Rookery Lane/ Ashton Road junction improvement	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 15	A508/C85 Pury Road junction improvement	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 16(1) and (2)	Knock Lane/Blisworth Road (Parish of Roade) improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 17	A508 Grafton Regis improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority

Highway alternatives

7

The works described in Works No. 8(2)(b) and shown on Documents 2.4T and 2.4U are only to be constructed as an alternative to those described in Works No. 8(2)(a) and shown on Documents 2.4A and 2.4B in the event that—

(a) the construction of that part of the M1 J13-16 Smart Motorway Project to be carried out within 1.5 kilometres of J15 (in a northerly and southerly direction) has not commenced and is not programmed to be commenced by Highways England by the expiry of a period of six months from the date upon which the undertaker wishes to commence Works No. 8; and

(b) the undertaker so elects and serves notice of such election on Highways England, the local highway authority and the relevant planning authority.

Detailed design approval

8

(1) The details of each component of the authorised development on the main site referred to in requirement 3 (components of development and phasing) must be in accordance with the parameters plan and the principles set out in the design and access statement. The design and access statement can be reviewed and updated by the undertaker in agreement, and in writing, with the relevant planning authority.

(2) No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until the details of that component have been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The details of each component must include details of the following where they are located within that component—

(a) rail infrastructure and rail terminal (being Works No.1 and 2);

(b) embankments and bunds;

(d) surface and foul drainage;

(e) bicycle, motorcycle and vehicle parking (including (i) the location and quantum of electrical charging points which are to comprise a minimum of 5% of total car parking spaces with passive provision provided for a further 15% of the total car parking spaces and (ii) the location of car parking spaces for those car sharing which are to be at least 8% of the total car parking spaces);

(f) built development design and layout (including external materials, sustainable energy measures and sprinkler systems in accordance with BSEN;12845:2004 unless otherwise agreed in writing with the relevant planning authority);

(g) location and quantum of bin stores;

(h) site levels and finished floor levels;

(i) estate roads;

(j) weighbridges;

(k) gatehouses;

(l) height barrier at the entrance to the main site restricting HGV right turn movement (including operation and maintenance protocol);

(m) in respect of the aggregates facility measures to provide for water suppression of stockpiles and wheel washing of vehicles;

(n) permanent advertisements in the locations identified as S1 and S2 on the parameters plan;

(o) any temporary means of enclosure;

(p) any temporary site notices or advertisements;

(q) fencing walls and other means of enclosure (including acoustic fencing) which must be a maximum height of 3 metres;

(r) design of access points to public rights of way to deter any unauthorised use;

(s) location of interpretation boards and litter bins;

(t) substations; and

(u) telecommunication masts.

9

The details in requirement 8(2)(a) to (u) can be subject to alteration by approval in writing from the relevant planning authority. The authorised development must be carried out in accordance with the details as approved in writing by the relevant planning authority from time to time.

Provision of landscaping

10

(1) No component of the authorised development on the main site which includes landscaping (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until a landscaping scheme for that component has been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The landscaping scheme must be carried out in accordance with the parameters plan and the landscape and ecological management plan and in accordance with the principles established in the illustrative landscape plan (main site) and must include details of all proposed soft landscaping works, including—

(a) location, number, species, size, layout, method of trees’ support, plant protection measures and planting density of any proposed planting;

(b) cultivation, importation of materials and other operations to ensure plant establishment;

(c) details of existing trees to be retained, with measures for their protection during the construction period in accordance with British Standard 5837:2012, “Trees in relation to Design, Demolition and Construction Recommendations”, and to include a schedule of remedial tree works to be carried out in accordance with British Standard 3998:2010, “Tree Works Recommendations”, prior to construction commencing;

(d) details of ecological mitigation; and

(e) implementation timetable.

Landscape and ecological management plan

11

(1) The authorised development must be carried out in accordance with the landscape and ecological management plan. The management plan may be subject to alteration by agreement in writing by the relevant planning authority.

(2) The ongoing management and maintenance of the green infrastructure (as described in the landscape and ecological management plan) following its completion must be agreed in writing with the relevant planning authority prior to the occupation of any warehouse, such management and maintenance must be in accordance with the principles set out in the landscape and ecological management plan and must be carried out as approved.

(3) Any ecological works carried out under the landscape and ecological management plan must be supervised by a suitably qualified person or body.

Construction environmental management plan

12

(1) No part of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation, until a phase-specific construction environmental management plan (“P-CEMP”) for that part of the authorised development, drafted in accordance with the principles set out in the construction environmental management plan, and, insofar as on-site construction plant are concerned, having regard to the principles in “The Institute of Air Quality Management guidance on assessing dust emissions”, current from time to time, has been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority) or the relevant highway authority where the P-CEMP relates to the highway works.

(2) Each P-CEMP is to be reviewed and updated if necessary to address unacceptable impacts arising from construction works. Each P-CEMP (and revision) must be submitted by the undertaker for approval in writing by the relevant planning authority or the relevant highway authority where the P-CEMP (or revision) relates to the highway works. All construction works must be carried out in accordance with the relevant P-CEMP (as revised) as approved.

Earthworks

13

No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) is to commence until details of—

(a) an earthworks strategy including the management and protection of soils;

(b) an earthworks specification;

(d) the extent of any material to be temporarily stored within the main site; and

(e) any surplus material to be removed from the main site for disposal or material to be imported to the main site,

have been approved in advance and in writing by the relevant planning authority. The details can be subject to alteration with the approval in writing of the relevant planning authority. All earthworks must be carried out in accordance with the details as approved.

Archaeology and built heritage

14

(1) No part of the authorised development is to commence (with the exception of Works No. 8(2)(a) and (b)) until the undertaker has commissioned a programme of further exploratory archaeological investigation to identify areas which should be excavated and archaeological remains recorded which has been submitted to and approved in writing by the relevant planning authority. The exploratory investigation must be carried out in accordance with the approved programme and must be timed so that the results can inform the scope of the further archaeological mitigation measures, referred to in sub-paragraph (2).

(2) No part of the authorised development is to commence until a programme of archaeological mitigation measures informed by the exploratory investigations referred to in sub-paragraph (1) and by earlier phases of investigation has been implemented in accordance with a written scheme of mitigation measures which has been approved in writing by the relevant planning authority. The written scheme of mitigation measures must include and make provision for the following elements—

(a) mitigation fieldwork;

(b) post-mitigation fieldwork and analysis;

(d) preparation of site archive, arrangements for deposition and sustainable management at a store approved in writing by the relevant planning authority.

(3) The approved mitigation measures must be carried out in accordance with the written scheme of mitigation measures.

(4) No part of the authorised development on the main site (including demolition works) is to commence until a full Level 2 record of the buildings on the main site to be demolished has been undertaken. The record must be carried out in accordance with a written specification first agreed with the relevant planning authority and prepared by a competent building recorder in accordance with Historic England Understanding Historic Buildings, A Guide to Good Recording Practice, 2016 (as amended from time to time) and must be submitted to the relevant planning authority prior to the commencement of any part of the authorised development on the main site.

Lighting details

15

(1) Prior to the commencement of each component of the authorised development on the main site which includes permanent lighting, details of the proposed permanent external lighting in that component must be submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The lighting details must accord with the principles established in the lighting strategy.

(2) The approved lighting scheme must be implemented and maintained as approved in writing by the relevant planning authority during operation of the authorised development and no external lighting other than that approved under this requirement may be installed. The details can be subject to alteration with the approval in writing of the relevant planning authority.

(3) The details submitted under this requirement must include details of any lighting on any gantry cranes included in the component concerned.

Building sustainability

16

(1) No construction of a warehouse must start until a BREEAM Pre-Assessment Report based upon the BREEAM 2018 method (or equivalent) has been submitted to and approved in writing by the relevant planning authority demonstrating that the warehouse concerned is expected to achieve at least a BREEAM 2018 “Very Good” rating (BREEAM Industrial 2008 “Excellent”).

(2) The construction of each of the warehouses must be carried out in accordance with the details in the BREEAM Pre-Assessment Report (or equivalent) for that warehouse and a certificate must be provided to the relevant planning authority within three months of completion or occupation (whichever is the sooner) of each warehouse confirming that the measures in respect of that warehouse committed to within the Pre-Assessment Report have been implemented.

(3) The authorised development must comply with the principles set out in the sustainability statement.

Flood risk and surface water drainage

17

The authorised development must be carried out in accordance with the mitigation measures detailed within the flood risk assessment and the water framework directive assessment, or be carried out in accordance with any variation to these measures agreed in writing with the Environment Agency, the lead local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010[^f00075], whichever of these is the body having jurisdiction over the watercourse in question.

18

(1) No component of the authorised development on the main site (excluding archaeological investigation, ecological mitigation works and geotechnical or ground contamination investigation) must commence until a surface water drainage scheme for that component based on sustainable drainage principles has been submitted to and approved in writing by the lead local flood authority. The scheme must be in accordance with the sustainable drainage statement and must be informed by additional infiltration testing in accordance with BRE standard 365 “Soakaway design”, the extent of which is to be approved in advance by the lead local flood authority, the aim of which is to identify the maximum extent of reliance upon infiltration in accordance with the drainage hierarchy set out in the sustainable drainage strategy.

(2) The surface water drainage scheme must be implemented in accordance with the details approved by the lead local flood authority or in accordance with any variations to those details agreed in writing by the lead local flood authority.

Flood Risk

19

Any element of the authorised development which directly affects any floodplain must not be commenced until such time as a floodplain compensation scheme has been submitted to and approved in writing by the relevant planning authority. The scheme must accord with the principles established in the flood compensation measures set out in the flood risk assessment. Except for the floodplain compensation scheme itself, no above-ground part of the authorised development in any floodplain may be commenced until the relevant compensation scheme has been implemented in full. The scheme must be fully implemented and subsequently maintained in accordance with the timing and phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed in writing by the relevant planning authority.

Foul water drainage

20

(1) Prior to the commencement of the authorised development on the main site, excluding earthworks, archaeological investigation or ecological mitigation works, a foul water drainage strategy must be submitted to and approved in writing by the relevant planning authority. Except where it is constructed in accordance with the approved foul water drainage strategy, no component of the authorised development is to commence until written details of the foul water drainage system for that component have been submitted to and approved in writing by the relevant planning authority. Such details must be implemented as approved by the relevant planning authority.

(2) Works No. 10 must be completed prior to the occupation of the first warehouse to be occupied.

Construction hours

21

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