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The West Midlands Rail Freight Interchange Order 2020

Type Statutory-Instrument

Publication 2020-05-04

Last updated 2025-04-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of a period of 1 year beginning with the date of completion of the work for which temporary possession of that land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land or has otherwise acquired the land subject to temporary possession.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must—

(a) remove all temporary works (including temporary accesses to the public highway);

(b) restore the land affected by temporary works to the reasonable satisfaction of the owners of the land;

(c) reinstate the land affected by any temporary highway access to the reasonable satisfaction of the relevant highway authority,

save that the undertaker is not required to replace a building removed under this article.

(5) 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 provisions of any power conferred by this article.

(6) Any dispute to a person's entitlement to compensation under paragraph (5), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 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 shall be 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—

(a) remove all temporary works (including temporary access to the public highway);

(b) restore the land affected by temporary works to the reasonable satisfaction of the owners of the land;

(c) reinstate the land affected by any temporary highway access 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 10(2) of the 1965 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 (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 (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 in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

PART 6 — MISCELLANEOUS AND GENERAL

Operation and use of railways

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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.

Felling or lopping of trees and removal of hedgerows

41

(1) Subject to sub-paragraph (4) the undertaker may fell or lop any tree, shrub or hedgerow near 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 comply with British Standard 3998:2010 “Tree Work Recommendations”, 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 this article do not apply without the agreement of the local planning authority to any tree or hedgerow identified to be retained in the landscaping scheme approved under requirement 12 (ecological mitigation and management plan).

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

(6) The provisions of this article do not apply to any tree or hedgerow planted as part of an agreed landscaping or ecological mitigation plan.

Protective provisions

42

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

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

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(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 for the avoidance of doubt the approval of details or plans under the requirements) such approval or agreement must not be given if it would permit development outside of the parameters of the authorised development referred to in article 4 (parameters of authorised development) or would 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.

(2) When any details, plans or other matters have been agreed or approved by the local planning authority under a requirement, or the relevant highway authority under a requirement or Parts 2 and 3 of Schedule 13, then they may subsequently be amended by agreement with the local 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 development outside of the parameters of the authorised development referred to in article 4 (parameters of authorised development) or would 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.

(3) Where a consent, agreement or approval is required or requested by the undertaker under a requirement then the procedure set out in Part 3 of Schedule 2 (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

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(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) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991 ;

(b) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991 in relation to watercourses for which Staffordshire County Council is the drainage board concerned;

(d) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and

(e) section 28E (duties in relation to sites of special scientific interest) of the Wildlife and Countryside Act 1981 .

(2) The provisions of the Neighbourhood Planning Act 2017 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 .

(4) Regulation 4 (requirement for consent) of the 2007 Regulations does not apply to any advertisement approved by the local planning authority under requirement 4 (detailed design approval).

(5) This Order does not constitute a planning permission for the purposes of Part 11 of the 2008 Act notwithstanding the definition of planning permission contained within article 5 (meaning of planning permission) of the 2010 Regulations.

(6) Sections 158(1) and (2) (nuisance: statutory authority) of the 2008 Act do not apply to the authorised development.

(7) 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.

(8) Paragraphs (1) to (7) 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

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(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 15 (certification of 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 plans or document of which it is a copy.

Service of notices

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(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 , 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) 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

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(1) Subject to paragraph (2) 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, 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

(2) Paragraph (1) does not apply to any decisions of the Secretary of State made pursuant to the provisions of this Order.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

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

In the County of Staffordshire and the District of South Staffordshire—

Works No. 1

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

The construction of a new railway line from the rail freight terminal (Works No. 2) to connect with the existing West Coast Main Line Loop railway line the general arrangement of which is shown on the illustrative arrangement of railway alignment plan and including—

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

(b) formation of new railway embankments and all necessary earthworks and drainage;

(d) the alteration of the existing railway infrastructure including points and signals;

(e) acoustic and security fencing;

(f) temporary drainage lagoon;

(g) the removal of telecommunications mast;

(h) the removal of Footpath 29 footbridge over the West Coast Main Line Loop railway;

(i) works to accommodate the removal of masonry bridge (part of existing Gravelly Way) over the West Coast Main Line Loop railway;

(j) the removal and replacement of pipework and boreholes associated with the remediation strategy for the SI land;

(k) the stopping up of Gravelly Way to the east and west of the existing railway bridge;

(l) the stopping up of the length of Footpath 29 shown on the access and rights of way plans;

(m) the construction of new maintenance access points to the east and west of the West Coast Main Line Loop railway including interface with Works No. 6; and

(n) the construction of a new culvert under the rail lines to connect services either side of the West Coast Main Line Loop railway.

Works No. 2

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

The construction of a rail freight terminal, the general arrangement of which is shown on the rail terminal – illustrative expanded rail terminal layout 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;

(i) rail sidings to load/unload freight;

(ii) freight storage areas; and

(iii) gantry cranes and reach stackers;

(d) railtracks and associated rail infrastructure;

(e) drainage and attenuation ponds;

(f) security fencing;

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

(h) alteration of the existing rail infrastructure including signalling;

(i) terminal entry and exit gates, loading lanes, internal roads, gatehouses and vehicle/cycle parking areas;

(j) rail freight terminal gateway/office including staff and visitor welfare facilities;

(k) storage and workshop buildings;

(l) the removal and replacement of pipework and boreholes associated with the remediation strategy for the SI land;

(m) works to accommodate removal of bridge over West Coast Main Line Loop railway; and

(n) the stopping up of Gravelly Way.

Works No. 3

Within the area of land described on the works plans as Works No. 3—

(1) The construction of rail served warehousing (including ancillary offices and other buildings) within the areas annotated as Zones A1 to A7 including—

(a) earthworks to provide development plateaus;

(b) construction of development plateaus;

(d) service yards and vehicle/cycle parking;

(e) rail infrastructure within Zones A1 and A2 to facilitate rail connected warehousing;

(f) vehicle access routes;

(g) solar energy provision;

(h) vehicle maintenance units including washing and refuelling;

(i) vehicle electricity charging facilities;

(j) container storage;

(k) removal of telecommunication masts;

(l) the removal and replacement of pipework and boreholes associated with the remediation strategy for the SI land;

(m) drainage and attenuation structures;

(n) on plot landscaping and bunding;

(o) signage; and

(p) the stopping up of the length of Footpath 29 shown on the access and rights of way plans.

(2) The demolition of existing farmhouses and associated outbuildings, other buildings and structures.

Works No. 4

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

The A5/A449 link road the general arrangement of which is shown on the highway general arrangement plans and bridge plans including—

(a) footways and cycleways;

(b) construction of a new three arm roundabout on the A5;

(d) construction of a new four arm roundabout on the A449;

(e) new bridges over the railway and canal as shown on the bridge plans;

(f) works comprising the interface with Works Nos. 5 and 7;

(g) removal of existing laybys on the A5;

(h) closure of the existing accesses on the A5 as shown on the access and rights of way plans;

(i) upgrading of existing footway on the north side of the A5 to a cycleway;

(j) bus stops and bus laybys on the A5/A449 link road;

(k) bus laybys on the A449;

(l) removal of bridge over West Coast Main Line Loop railway;

(m) street lighting;

(n) construction of new maintenance access points to the rail lines on the east and west (the latter through the rail terminal) of the West Coast Main Line Loop railway;

(o) drainage and attenuation structures;

(p) diversion and culverting of the existing canal feeder drain; and

(q) installation of new service crossings below the public highway.

Works No. 5

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

(1) The construction of infrastructure the general arrangement of which is shown on the highway general arrangement plans including—

(a) principal on site private estate roads and associated junctions;

(b) works comprising the interfaces with Works Nos. 4 and 7;

(d) signage;

(e) street lighting; and

(f) bus stop.

(2) The demolition of buildings and structures.

PART 2 — ASSOCIATED DEVELOPMENT

Associated development within the meaning of section 115(2)⁶⁶ (development for which development consent may be granted) of the 2008 Act comprising—

In the County of Staffordshire and the District of South Staffordshire—

Works No. 6

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

The provision of structural landscaping and two community parks including—

(a) a community park in the location identified as Croft Lane Community Park on the parameters plans;

(b) a community park in the location identified as Calf Heath Community Park on the parameters plans;

(d) drainage and attenuation structures;

(e) boundary treatments including acoustic fencing;

(f) habitat creation;

(g) canal enhancement;

(h) demolition of buildings and structures;

(i) retention of existing woodland;

(j) vehicle and pedestrian accesses to Zones A2 to A7;

(k) removal of two steel pipe bridges and a concrete bridge over the canal;

(l) the removal and replacement of pipework and boreholes associated with the remediation strategy for the SI land;

(m) the stopping up of the length of Footpath 29 shown on the access and rights of way plans;

(n) the stopping up of Gravelly Way and landscaping/highway verge associated with the revised highway arrangements to Four Ashes industrial area;

(o) closure of private accesses as shown on the access and rights of way plans (Document 2.3);

(p) vehicle access and parking and cycle parking facilities within community parks;

(q) cycle track adjacent to Zone A6;

(r) new public car parks for the community parks;

(s) diversion of the existing land drainage network;

(t) interface with Works Nos. 1 and 10a for the construction of new maintenance access points to the east of the West Coast Main Line Loop railway;

(u) the construction of culverts under the A449 adjacent to Zone A1 and, if necessary, adjacent to Zone A2 as an alternative to use of the existing culvert situated adjacent to Zone A2, under Vicarage Road between Zone A5b and A7c and under Straight Mile south of Zone A7c to connect services either side of the public highway;

(v) the construction of a new culvert under the West Coast Main Line Loop railway, and under the Staffordshire and Worcestershire Canal to connect services either side of the rail lines and the canal; and

(w) construction of new drainage outfalls to Staffordshire and Worcestershire Canal and the existing ditch along Woodlands Lane.

Works No. 7

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

Works to the public highway the general arrangement of which is shown on the highway general arrangement plans including—

(a) upgrading of the existing footway on the north side of the A5 to a cycleway/footway;

(b) works of improvement to the A449 including—

(i) removal of the A449/Station Drive right turn lane;

(ii) upgrading the cycleway/footway along the east side of the A449 from Station Drive to the A5; and

(iii) laybys on the west and east side of the A449 between Gravelly Way and the A5;

(d) the closure of three gaps in the central reservation on the A449 between the A5 and Gravelly Way;

(e) closure of the existing access on the A449 as shown on the access and rights of way plans;

(f) works comprising the interfaces with Work Nos. 4 and 5;

(g) the addition of cycleway/footway along a length of Vicarage Road from the south-east corner of Zone A6 to the new roundabout;

(h) provision of a pedestrian/cycle crossing point along Vicarage Road to the south west of the new access roundabout;

(i) provision of HGV turning area on Station Drive to the west of the railway bridge;

(j) the provision of two pedestrian/cycle crossing points along Straight Mile between Vicarage Road and Kings Road;

(k) amendments to Crateford Lane to create a one-way road;

(l) closure of the existing accesses on the A5 as shown on the access and rights of way plans;

(m) upgrading of existing footway on the north side of the A5 to a cycleway;

(n) an amended left in/left out junction to The Poplars;

(o) improved visibility splay at the junction of Vicarage Road and Straight Mile;

(p) footway works at junction of Straight Mile and Woodlands Lane with Kings Road including pedestrian crossing points;

(q) installation of new service crossings below the public highway;

(r) the construction of culverts under the A449 adjacent to Zone A1 and, if necessary, adjacent to Zone A2 as an alternative to use of the existing culvert situated adjacent to Zone A2, under Vicarage Road between Zone A5b and A7c and under Straight Mile south of Zone A7c to connect services either side of the public highway;

(s) signage; and

(t) street lighting.

Works No. 8

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

(1) Conversion of Gravelly Way Farm buildings to use for the purposes of estate management offices, training facilities, meeting rooms, amenity and welfare facilities, with ancillary parking and landscaping.

(2) Provision of buildings for the storage of estate management plant and machinery, and related workshop facilities.

Works No. 9a

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

(a) the removal and replacement of the existing 132kv tower with a new terminal tower;

(b) restringing to the new terminal tower;

(d) a temporary access and set down and assembly area for the demolition of existing tower and construction of new tower to include a temporary office and welfare facility.

Works No. 9b

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

(a) the removal and replacement of the existing 132kv tower with a new terminal tower;

(b) restringing to the new terminal tower;

(d) a temporary access and set down and assembly area for the demolition of existing tower and construction of new tower to include a temporary office and welfare facility.

Works No. 10a

Within the area of land described on the works plans as Works No. 10a, the provision of revised access arrangements for the SI facility the general arrangement of which is shown on the highway general arrangement plans incorporating access also to Zone A3 and Works No. 8 including—

(a) an underpass under the A5/A449 link road;

(b) interface with Works Nos. 1 and 6 for the construction of new maintenance access points to the east of the West Coast Main Line Loop railway;

(d) interface with Works No. 4;

(e) interface with Works No. 8;

(f) interface with Works No. 10b;

(g) at grade junction with the A5/A449 link road;

(h) footways/cycleways;

(i) footpaths/cycle tracks;

(j) signage;

(k) street lighting; and

(l) the construction of new maintenance access points to the east of the West Coast Main Line Loop railway.

Works No. 10b

Within the area of land described on the works plans as Works No. 10b and as shown on the access and rights of way plans (Document 2.3C), the provision of revised access arrangements to Four Ashes industrial area the general arrangement of which is shown on the highway general arrangement plans including—

(a) the provision of at grade access from the A5/A449 link road leading to an amended roundabout with new accesses off to adjacent land;

(b) closure of part of Gravelly Way to all traffic;

(c) retention of use of part of Gravelly Way to public cycle path and footpath proceeding under the A5/A449 link road to connect with the canal towpath;

(d) footpath/cycle track adjacent to the west of the new road leading to the amended roundabout; and

(e) the provision of footpath alongside Works No. 8, the access to Works No. 8 and Works No. 10a connecting to the footway/cycle way provided as part of Works No. 4.

Works No. 11

Within the area of land described on the works plans as Works No. 11, the provision of improved access to Avenue Cottages from the A5 including the provision of a turning area the general arrangement of which is shown on the highway general arrangement plans.

Further works

The following further works provided that such works do not 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 3 the provision of—

(a) weighbridges;

(b) diversion and provision of utilities services including underground cabling to connect into Work Nos. 9a and 9b; and

(c) such other works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.

(2) Within the area of land described on the works plans as Works Nos. 1 to 6 and Works No. 8 the provision of—

(a) bunds, embankments, 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 services including underground cabling to connect into Work Nos. 9a and 9b;

(f) the relocation/erection of telecommunications masts following the removal thereof as part of Works Nos. 1 and 3;

(g) demolition of surface structures;

(h) fencing and boundary treatments;

(i) temporary concrete batching plants;

(j) temporary construction compounds and materials and aggregate store;

(k) lighting;

(l) CCTV and vehicle monitoring equipment; and

(m) such other works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.

(3) Within the area of land described on the works plans as Works Nos. 4, 5, 7, 10a, 10b and 11 the provision of—

(a) fencing;

(b) surface water drainage works;

(d) earthworks and earthwork retaining structures;

(e) pavements, surface treatments, kerbs and channels;

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

(g) diversion and provision of utilities services including underground cabling to connect into Work Nos. 9a and 9b;

(h) temporary earthworks material stockpiles; and

(i) such other works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.

(4) Within the area of land described on the works plans as Works Nos. 1, 2, 3, 4, 6, 10a and 10b the stopping up of the public right of way shown coloured purple on sheet 7 of the access and rights of way plans if added to the definitive map pursuant to an order under section 53 (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981.

SCHEDULE 2 — REQUIREMENTS

PART 1 — GENERAL REQUIREMENTS

Interpretation

1

In this Part of this Schedule unless the context requires otherwise—

“demolition and construction traffic management plan” means the document of that description contained in appendix N of technical appendix 15.1 of the environmental statement;

“design and access statement” means the document of that description referred to in Schedule 15 (certification documents) and certified by the Secretary of State as the design and access statement for the purposes of this Order;

“development zone parameters plan” means the plans of that description identified as document 2.5 and included in the parameters plans;

“flood risk assessment” means the document of that description contained in technical appendix 16.1 of the environmental statement;

“framework ecological mitigation and management plan” means the document of that description contained in technical appendix 10.4 of the environmental statement;

“green infrastructure parameters plan” means the plans of that description identified as document 2.7 and included in the parameters plans;

“lighting strategy and lighting impact assessment” means the document of that description contained in technical appendix 12.8 of the environmental statement;

“map of heritage receptors” means the document of that description contained in technical appendix 9.2 of the environmental statement;

“outline demolition and construction environmental management plan” means the document of that description contained in technical appendix 2.3 of the environmental statement;

“outline written scheme of investigation” means the document of that description contained in technical appendix 8.5 of the environmental statement;

“permissive paths” means those paths identified as such on the access and rights of way plans;

“site-wide surface water drainage strategy” means the document of that description contained in technical appendix 16.3 of the environmental statement; and

“water framework directive assessment” means the document of that description contained in technical appendix 16.2 of the environmental statement.;

Time limit

2

The authorised development must not commence later than the expiration of 5 years beginning with the date that this Order comes into force.

Phases of development

3

(1) The authorised development (excluding archaeological investigation, soil movement, geotechnical or ground contamination investigation) must not commence until a written scheme setting out all the phases of the authorised development, has been submitted to and approved in writing by the local planning authority.

(2) The approved phasing scheme must include phasing details of—

(a) earthworks;

(b) ecological mitigation;

(d) roads and bridges;

(e) surface water and foul drainage;

(f) development plots;

(g) landscaping, including mounding and acoustic fencing; and

(h) mains services.

(3) The approved phasing scheme can be subject to amendment by agreement with the local planning authority.

(4) The authorised development must be carried out in accordance with the approved phasing scheme as approved in writing by the local planning authority.

Detailed design approval

4

(1) No phase of the authorised development (excluding archaeological investigation, soil movement, geotechnical or ground contamination investigation) is to commence until details of that phase have been submitted to and approved in writing by the local planning authority. The details of each phase must be in general accordance with the design principles set out in section 7 of the design and access statement. Following the commencement of the authorised development the design principles set out in section 7 must be reviewed, updated if necessary, and agreed with the local planning authority following the occupation of 186,000 square metres of warehousing. Any revised design principles will apply to any phase of the development which has not been the subject of discussions pursuant to sub-paragraph (3) prior to the date of agreement of the revised design principles.

(2) The details of each phase must include details of the following where they are located within that phase—

(a) rail infrastructure and rail terminal;

(b) embankments and mounds;

(d) advertisements for which advertisement consent under the 2007 Regulations would be required were it not for the provisions of article 44(4) of this Order;

(e) surface and foul drainage;

(f) bicycle, motorcycle and vehicle parking (including the location and quantum of electric charging points);

(g) built development design (including external materials and sustainable energy measures) and layout;

(h) site levels and finished floor levels;

(i) estate roads and other highway works except where such details have already been approved pursuant to Parts 2 and 3 of Schedule 13 (protective provisions);

(j) vehicular circulation routes;

(k) bridges;

(l) weighbridges;

(m) gatehouses;

(n) HGV parking and welfare facilities;

(o) fencing walls and other means of enclosure (including acoustic fencing);

(p) substations and relocated telecommunications masts; and

(q) the location of the pedestrian crossing on the A5/A449 link road notwithstanding the detail shown in that respect on the highway general arrangement plans (in consultation with the local highway authority and with the approval of Highways England)

(3) The details of any phase including the formation of screen bunds and/or buildings within Development Zones A4a and A5a as shown on the parameters plan must include a wind tunnel or other technical assessment of the likely effect of those detailed proposals on wind characteristics at Calf Heath Reservoir and any consequential effects on the suitability of the reservoir for sailing.

(4) Prior to carrying out any wind tunnel or other technical assessment in accordance with sub-paragraph (3), the undertaker must consult with the local planning authority and the Greensforge Sailing Club as to the scope, basis and methodology of such assessment.

(5) The details of any consequential effects on the suitability of the reservoir for sailing are to be taken into account by the local planning authority in deciding whether the detailed proposals referred to in sub-paragraph (3) should be approved; and, if requested, the undertaker must provide the local planning authority with appropriate guidance on the wind tunnel or other technical assessment so as to assist them in determining their decision-making on this matter.

(6) Draft details of each phase, required to be submitted in accordance with sub-paragraph (2), must be discussed with the local planning authority prior to being submitted for approval.

(7) No part of the authorised development comprised in Works No. 8 will be undertaken until details of the size and appearance of any buildings or other structures to be erected and details of any landscaping and hard surfacing have been submitted to and approved by the local planning authority.

(8) The details of the estate roads to be constructed to provide access to warehousing within Zone A7 must have regard to the desirability of minimising the impact on and loss of the existing hedgerows.

(9) Any warehouse erected within Zone A7 (as identified on the development zones parameters plan) must be single aspect so that the warehousing provides noise screening between the service yard/loading docks and noise sensitive receptors.

(10) The authorised development must be carried out in accordance with the details as approved in writing by the local planning authority.

Demolition and construction environmental management plan

5

(1) No phase of the authorised development (with the exception of the highway works which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) is to commence, including any preparatory earthworks or site levelling but excluding archaeological investigation, geotechnical or ground contamination investigation and ecological survey or mitigation works, until a demolition and construction environmental management plan (“DCEMP”) for that phase of development, drafted in accordance with the principles set out in the outline demolition and construction environmental management plan, has been submitted to and approved in writing by the local planning authority.

(2) The DCEMP for each phase must include—

(a) details of the methods to control noise arising from construction activities including—

(i) proposals for monitoring of construction noise;

(ii) proposals for the introduction of mitigation measures or alternative working practices where the measurements exceed acceptable limits; and

(iii) proposals for hours of construction and deliveries to and from the site;

(b) details of a dust management plan setting out the methods to be used to control dust and other emissions including smoke from the site;

(c) details of all temporary fencing, temporary buildings, compound areas and parking areas including arrangements for their removal following completion of construction;

(d) details of areas to be used for the storage of plant and construction materials;

(e) details of construction waste management including controlled wastes;

(f) details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;

(g) details of lighting arrangements for construction and site security purposes;

(h) advisory signage at public access points advising of possible hazards including the potential for sudden noise;

(i) details of any temporary surface water management system;

(j) details of existing and proposed landscaping which need to be protected during construction; and

(k) details for management of soils during the construction phases in accordance with the DEFRA Code of Practice for the Sustainable Use of Soil on Construction Sites 2009.

(3) The DCEMP for each phase of development is to be kept under review and updated if necessary as construction proceeds. Each DCEMP must be submitted by the undertaker for approval in writing by the local planning authority and any amendments must be agreed with the local planning authority. All construction works must be carried out in accordance with the DCEMP as approved.

Rail

6

(1) The undertaker must comply with the requirements in Part 2 of this Schedule.

(2) No authorised development may commence until a scheme for the continued provision of access to the West Coast Main Line has been agreed by the local planning authority, in consultation with Network Rail. Such a scheme is to include the specification of and timings for Network Rail's temporary and permanent access to the West Coast Main Line and show how access to the West Coast Main line will be maintained at all times.

(3) The authorised development is to be carried out in accordance with the details approved under sub-paragraph (2) to the satisfaction of the local planning authority in consultation with Network Rail.

Construction hours

7

(1) Subject to sub-paragraphs (2) and (3), construction and demolition works (which for the purposes of this requirement excludes archaeological investigations and any non-intrusive internal fit-out works but must include start up and shut down and deliveries) must not take place other than between 07:00 and 18:30 hours on weekdays and 08:00 and 13:00 hours on Saturdays, and not at all on Sunday nor on bank holidays in England and Wales (under section 1 of the Banking and Financial Dealings Act 1971 ), unless otherwise agreed in writing by the local planning authority.

(2) Subject to sub-paragraph (3), the following working is permitted outside the construction and demolition works' hours specified in sub-paragraph (1)—

(a) pre-planned construction works to highway or rail infrastructure requiring possessions where first notified to the local planning authority and local residents;

(b) emergency works; and

(3) Regardless of sub-paragraphs (1) and (2) no piling operations are to take place after 18:00 hours unless otherwise agreed in writing by the local planning authority.

(4) Any emergency works carried out under sub-paragraph (2)(b) must be notified to the local planning authority within 72 hours of their commencement.

Air quality – operational emissions

8

(1) No warehouse or rail terminal may be brought into use until details of any combustion plant, where the single or combined NOx emission rate is greater than 5mg/second, have been submitted to and approved in writing by the local planning authority. Where applicable, considering IAQM guidance (Guidance from Environmental Protection UK and the Institute of Air Quality Management for the consideration of air quality within the land-use planning and development control processes – January 2017), the details will be supported by an air quality assessment, which must outline mitigation measures if necessary.

(2) Any combustion plant must be installed and operated in accordance with manufacturers' instructions at all times.

Archaeology

9

(1) No phase of the authorised development (with the exception of the highway works to the existing highways (the A5, the A449, Vicarage Road, Station Road and Station Drive) which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) is to commence until a written scheme of investigation for that phase has been submitted to and approved in writing by the local planning authority. The written scheme of investigation must be in accordance with the principles set out in the outline written scheme of investigation contained in technical appendix 8.5 of the environmental statement.

(2) The written scheme of investigation must provide for the investigation of areas of archaeological interest identified by the evaluation surveys which established the base line conditions in the environmental statement and include the following components, completion of each of which will trigger the phased discharging of the requirement—

(a) approval of a written scheme of investigation;

(b) where identified to be necessary, fieldwork in accordance with the agreed written scheme of investigation;

(c) completion of a post-fieldwork assessment report; to be submitted within 6 months of the completion of fieldwork, unless otherwise agreed in advance in writing by the local planning authority; and

(d) completion of analysis, preparation of site archive ready for deposition at a store approved by the local planning authority, production of an archive report, and submission of a publication report; to be completed within 2 years of the completion of fieldwork, unless otherwise agreed in advance in writing by the local planning authority.

(3) Any actions required by the written scheme of investigation must be carried out by a suitably qualified archaeologist in accordance with that approved scheme.

(4) The programme of archaeological work may be subject to alteration by approval in writing by the local planning authority.

Cultural heritage – demolition of heritage assets

10

(1) The undertaker must not demolish the Woodside Farm House and associated structures (as identified on the map of heritage receptors) before the commencement of development at Development Zones A6, A5b or A7c as shown on development zone parameter plan.

(2) The Woodside Farm House and associated structures must not be demolished until they have been subject to a scheme of historic building recording by suitably qualified professionals and written confirmation obtained from the local planning authority that the works required under sub-paragraph (4)(a) to (c) have been completed and have been submitted to the local planning authority.

(3) The scheme of historic building recording must be undertaken in accordance with a written scheme of investigation which will be submitted to and approved in writing by the local planning authority before the recording begins. The written scheme of investigation must set out the level of recording required in accordance with the ‘Understanding Historic Buildings: A Guide to Good Recording Practice’ guidance prepared by Historic England (May 2016, or latest edition at the time the written scheme of investigation is prepared).

(4) The written scheme of investigation must include the following components—

(a) the identification, description and methodology for the level of recording necessary for the Woodside Farm House and associated structures as per the Historic England guidance referred to in sub-paragraph (3);

(b) research on the heritage asset necessary to understand their historical and architectural interest which is proportionate to the level of recording identified;

(c) an on-site survey of the Woodside Farm House and associated structures in accordance with paragraph (a) and to include photography; and

(d) completed research and analysis for presentation in an illustrated historic building recording report to be submitted within 12 weeks of recording work on site. The report will be suitable for deposition at an archival store as directed and approved by the local planning authority.

(5) The archive referred to in sub-paragraph (4)(d) should be collated, ordered and indexed in accordance with the requirements of the Management of Research Projects in the Historic Environment (MoRPHE) (Historic England, 2015).

Cultural heritage – demolition of canal crossings

11

Demolition of the canal crossings (as identified on the development zone parameter plan) must be completed within 5 years of the commencement of the authorised development.

Ecological mitigation and management plan

12

(1) No phase of the authorised development which incorporates ecological mitigation or management is to commence until a written ecological mitigation and management plan for that phase has been submitted to and approved in writing by the local planning authority. The ecological mitigation and management plan must be in accordance with the principles set out in the framework ecological mitigation and management plan. The ecological mitigation and management plan may be subject to alteration by agreement in writing by the local planning authority.

(2) Any ecological mitigation and management plan approved under sub-paragraph (1) must include an implementation timetable and must be carried out as approved in writing by the local planning authority.

(3) If a phase does not include ecological mitigation or management then a statement from the undertaker must be provided to the local planning authority prior to the relevant phase being commenced, confirming that the phase includes no ecological mitigation or management and therefore no ecological mitigation and management plan is required for that phase pursuant to sub-paragraph (1).

(4) Where specified as required in the framework ecological mitigation and management plan, works must be supervised by a suitably qualified person or body.

Ground conditions – contamination risk

13

(1) No phase of the authorised development (with the exception of the highway works to the existing highways (the A5, the A449, Vicarage Road, Station Road and Station Drive) which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) is to commence until a contamination report for that phase has been submitted to and approved in writing by the local planning authority.

(2) The contamination report will either—

(a) confirm that no further investigation is necessary for that phase of authorised development and, where applicable, what remedial measures are proposed (and detail how the remedial measures will be verified (a “verification plan”)) or confirm that no remedial measures are required for the particular phase of development; or

(b) include a written scheme of any further investigation considered necessary for that phase of the authorised development.

(3) Where further investigation is considered necessary under sub-paragraph (2)(b), the findings will be outlined in an assessment report to identify the extent of any contamination and, where applicable, any remedial measures to be taken to render the land fit for its intended purpose (and include details of a verification plan). The assessment report for that phase of the authorised development will be submitted to and approved in writing by the local planning authority.

(4) If, during the course of construction, previously unidentified contamination is discovered which potentially poses a significant risk to site occupants, controlled waters or ecological receptors, construction must cease on that localised area and the contamination must be reported in writing to the local planning authority within 10 working days. Prior to the recommencement of construction on that localised area, suitable investigation for the discovered contamination (to include any required amendments to the remedial measures) must be submitted to and approved in writing by the local planning authority. The authorised development must then be implemented in accordance with the details submitted to the local planning authority, unless otherwise agreed in writing by the local planning authority.

(5) Any contamination report, assessment report and any suitable investigation for discovered contamination referred to in this requirement related to the authorised development at Development Zones A1, B and/or C as shown on development zone parameter plan must be in accordance with the principles set out in the remediation safeguarding report.

14

(1) No part of the authorised development (with the exception of the highway works to the existing highways (the A5, the A449, Vicarage Road, Station Road and Station Drive) which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) may be brought into use until either—

(a) if no remediation measures or verification plan was required under requirement 13 (ground conditions – contamination risk) a statement from the undertaker, or their approved agent, must be provided to the local planning authority, stating that no previously unidentified contamination was discovered during the course of development; or

(b) if remediation measures and verification plan were agreed under sub-paragraphs (2)(a) or (3) of requirement 13 (ground conditions – contaminated risk), verification measures must be undertaken in line with the agreed verification plan for any works outlined in the remedial measures and a report showing the findings of the verification (a “verification report”) must be submitted to and approved in writing by the local planning authority.

(2) The verification report must—

(a) contain a full description of the works undertaken in accordance with the agreed remedial measures and verification plan; and

(b) demonstrate the effectiveness of the approved remedial measures.

Earthworks

15

No phase of the authorised development (with the exception of the highway works to the existing highways (the A5, the A449, Vicarage Road, Station Road and Station Drive) which are governed by Parts 2 and 3 of Schedule 13 (protective provisions) and excluding archaeological investigation, geotechnical or ground contamination investigation and ecological mitigation works) is to commence until details of—

(a) the earthworks strategy relating to that phase of authorised development including the management and protection of soils;

(b) an earthworks specification for each phase of the authorised development;

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

(e) the use of the sand and gravel disturbed during the construction of the phase in connection with the authorised development; and

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

have been submitted to and approved in writing by the local planning authority. All earthworks must be carried out in accordance with the details as approved.

Landscape – written landscaping scheme

16

(1) No phase of the authorised development containing landscaping mitigation is to commence until a written landscaping scheme for that phase (including the strategic landscaping included within that phase) has been submitted to and approved in writing by the local planning authority.

(2) The landscaping scheme must be in accordance with the green infrastructure parameters plan 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) a method statement and plan for the propagation, planting, establishment and maintenance of propagated Black Poplar specimens;

(e) the hedgerows which are to be retained;

(f) a canal enhancement scheme (for the relevant phase);

(g) a programme for the implementation of the works; and

(h) a landscape management plan setting out for a period of 20 years the arrangements for future maintenance including methods of funding and future monitoring, review and the maintenance of new trees, shrubs, hedgerows, woodlands and grassed areas and retained trees, shrubs, hedgerows, woodlands and grassed areas.

(3) Any written landscaping scheme approved under sub-paragraph (2) must include an implementation timetable and must be carried out as approved in writing by the local planning authority.

(4) If a phase does not include landscaping mitigation then a statement from the undertaker must be provided to the local planning authority prior to the relevant phase being commenced, confirming that the phase includes no landscaping mitigation and therefore no written landscaping scheme is required for that phase pursuant to sub-paragraph (1).

(5) The soft landscaping works in the vicinity of the “bat hop-overs” as identified on Figure A1.1 of the framework ecological mitigation and management plan must be in general accordance with the principles set out in the framework ecological mitigation and management plan and the bat hop-over structures must be erected prior to any new road to which they relate being brought into use.

Landscape – implementation and maintenance of landscaping works

17

(1) All landscaping works (with the exception of the highway works which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) must be carried out and maintained in accordance with the written landscaping scheme approved under requirement 16 (landscape – written landscaping scheme).

(2) Any tree or shrub planted as part of an approved landscape scheme that, within a period of 10 years after planting is removed, dies or becomes, in the opinion of the local planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the local planning authority gives consent to any variation.

Landscape – phasing of landscaping and ecology works

18

The undertaker must complete the landscaping works identified in column (2) of the following table by no later than the stage of the authorised development set out in column (3) of that table or such alternative later triggers as are agreed by the local planning authority.

Height of containers

19

The height of any stack of containers within the Order limits must not exceed 12 metres.

Lighting details

20

(1) No phase of the authorised development which incorporates artificial lighting is to commence until a lighting scheme with details of the proposed permanent external lighting in that phase has been submitted to and approved in writing by the local planning authority. The lighting scheme must accord with the principles established in the lighting strategy and lighting impact assessment but notwithstanding the content of the lighting strategy must have regard to the location and height of lighting columns in the vicinity of landscape bunds and screening. The lighting scheme must also accord with the ecological principles established in framework ecological management and mitigation plan.

(2) The approved lighting scheme must be implemented and maintained during operation of the authorised development and no external lighting other than that approved under this requirement may be installed.

(3) The highways lighting in the vicinity of the “bat hop-overs” as identified on Figure A1.1 of the framework ecological mitigation and management plan must be in accordance with the principles set out in the framework ecological management and mitigation plan.

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

Noise – construction stage

21

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