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The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025

Type Statutory-Instrument

Publication 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(cc) diverted watercourse corridor or aquatic habitat, including reedbeds or banks,

within the habitat location;

(b) details of the species that the creation, enhancement or retention of a specified habitat in that habitat location is intended to support (“target species”).

(5) A habitat creation and enhancement plan must set out, for each specified habitat that is to be created, enhanced or retained in the habitat location to which it relates—

(a) whether it is to be created, enhanced, or retained;

(b) a condition assessment of the specified habitat and its target species, describing their presence, population, and geographical distribution in the habitat location;

(c) for monitoring purposes, the target condition to be achieved for the specified habitat and each of its target species under the plan by the date of Grand Opening;

(d) in relation to each habitat type and target species, the specific actions to be carried out to create, enhance or retain specified habitats of that type and for that species, including—

(i) soil preparation, planting techniques, and species selection;

(ii) details of existing and proposed ground levels, comprising spot heights, gradients and contours, grading, ground modelling and earthwork;

(iii) any steps to be taken to transplant and protect target species;

(e) details of any structure or feature that is to be installed or retained to help maintain the population or geographical distribution of target species;

(f) a timetable for implementing the specified habitat’s creation, enhancement or retention that is in accordance with the requirements of condition 6(1) (specified habitats: general), or the date by which such a timetable will be separately submitted to the Secretary of State for approval.

(6) A habitat creation and enhancement plan that relates to a habitat location which is proposed to include a dark corridor must explain how the requirements specified in sub-paragraph (7) will be complied with in respect of that dark corridor.

(7) The requirements are—

(a) if an adjacent hedge or other linear feature forms the flightline for the dark corridor, that hedge or feature must be—

(i) in the control of, or on land owned or controlled by, the site controller, its affiliates, or a body within paragraph (a), (b) or (c) of condition 4(4) (core controls), or

(ii) subject to an agreement which ensures that it is maintained;

(b) levels of illuminance arising from authorised development must not exceed—

(i) 0.5 lux in those parts of the dark corridor where there are trees suitable for bat roosting, or

(ii) 1 lux in other parts of the dark corridor;

(i) the dark corridor provides a flightline for bats at least 5 metres above the height of any adjacent road, and

(ii) the gaps between canopies of vegetation in the dark corridor are less than 10 metres wide wherever practicable and never more than 20 metres wide.

(8) The site controller must notify the Secretary of State when the things required to be done under the habitat creation and enhancement plan have been done.

Landscape and ecology management plans

9

(1) Grand Opening must not take place until—

(a) the site controller has submitted to the Secretary of State for approval a plan that—

(i) is in substantial accordance with reference document 12 (outline landscape and ecology management plan), and

(ii) meets the requirements of sub-paragraph (2),

(“landscape and ecology management plan”) for each part of the Order land in relation to which a habitat creation and enhancement plan is to be submitted under condition 8 (habitat creation and enhancement plans), and

(b) the Secretary of State has endorsed that plan.

(2) A landscape and ecology management plan must identify the body responsible for its implementation and include—

(a) an OS plan of the land to which it relates;

(b) a description and evaluation of the condition of the features to be managed;

(d) a description of the target condition of those features that is to be achieved and an estimate of the date by which it will be achieved, having regard to those trends and constraints and any other matters that may affect its achievement;

(e) details of management actions to be undertaken to—

(i) maintain the population of relevant species, and the geographical distribution of relevant species, habitats, structures and features, identified in the endorsed habitat creation and enhancement plan relating to that area, or

(ii) achieve the target condition referred to in paragraph (d);

(f) a species and habitats maintenance schedule;

(g) details of how the effectiveness of steps taken to manage species and habitats, and achieve the target condition referred to in paragraph (d), will be monitored, including—

(i) the methodology, frequency, and duration of monitoring, and

(ii) the circumstances in which corrective action is to be taken if monitoring indicates that those steps are not effective, and the nature of the corrective action to be taken.

(3) If, notwithstanding the taking of action as described in sub-paragraph (2)(g)(ii), the monitoring carried out under a landscape and ecology management plan indicates that there has been a failure to achieve the target condition to be achieved under an endorsed habitat creation and enhancement plan or an endorsed landscape and ecology management plan, the site controller must submit to the Secretary of State for approval a document setting out further action to be taken to remedy the failure, and implement it once it has been endorsed.

(4) Specified habitats must be managed and maintained in accordance with the landscape and ecology management plan that relates to the part of the Order land where they are located.

Dark corridors for bats

10

(1) Subject to sub-paragraphs (5) and (6), unless the criterion specified in sub-paragraph (2) is satisfied, no construction work may take place—

(a) within 10 metres of the southern boundary of the proposed public roadway limit of deviation running east to west along Manor Road in the direction of the Core Zone, as shown on the access and roadways plan,

(b) within the northern section of the part of the Order land comprising the proposed public roadway limit of deviation shown running east to west along Manor Road, between—

(i) the point where it intersects with Public Road B, Segment 1 in the Lake Zone, and

(ii) the point where it intersects with Ampthill Road in the East Gateway Zone,

all as shown on the access and roadways plan, or

(2) The criterion is that where any dark corridor is proposed to be located in an area specified in paragraph (a), (b) or (c) of sub-paragraph (1), as the case may be, one of the following has been submitted to the Secretary of State for approval and endorsed by the Secretary of State—

(a) a habitat creation and enhancement plan containing details of that dark corridor;

(b) a masterplan or detailed design containing details of that dark corridor;

(i) includes an OS plan identifying the general location and extent, including any lines of deviation, of that dark corridor, and

(ii) gives details of the measures to be implemented to create, enhance or retain, and maintain a dark corridor there.

(3) A corridor plan must explain how the requirements specified in condition 8(7) (habitat creation and enhancement plans) will be complied with in respect of that dark corridor.

(4) A dark corridor to which a corridor plan applies must be provided substantially in accordance with the endorsed corridor plan that identifies it.

(5) Preliminary work that does not involve any interference with the habitats of bats may begin in an area referred to in paragraph (a), (b) or (c) of sub-paragraph (1) before a document referred to in sub-paragraph (2) has been submitted or endorsed.

(6) An access route for construction work may be constructed in an area referred to in paragraph (a), (b) or (c) of sub-paragraph (1) before a document referred to in sub-paragraph (2) has been submitted or endorsed if—

(a) the site controller has submitted to the Secretary of State for approval a document setting out—

(i) details of the construction access route, including its location in relation to the rest of the Order land on an OS plan;

(ii) the steps to be taken to ensure that its construction will not adversely affect bats;

(iii) measures to monitor the taking of those steps and their effectiveness, and

(b) the Secretary of State has endorsed that document.

Part 4 — Construction work: general management

Time when development must be begun

11

(1) Authorised development must not begin later than the expiration of three years beginning with the date on which this Order comes into force.

(2) Before the carrying out of the first material operation comprised in authorised development the site controller must notify the Secretary of State of the date when that material operation is to begin.

(3) As soon as reasonably practicable after the carrying out of the first material operation comprised in authorised development, the site controller must notify the Secretary of State of the date on which that material operation was carried out.

Construction environmental management plan

12

(1) No construction work, other than preliminary work, may be carried out on the Order land until—

(a) the site controller has submitted to the Secretary of State for approval a construction environmental management plan prepared in accordance with this paragraph (“CEMP”) in relation to that construction work, and

(b) the Secretary of State has endorsed that CEMP.

(2) A CEMP must include an OS plan showing the boundary of the part of the Order land on which the construction work to which the CEMP relates (the “CEMP work”) is to be carried out (the “CEMP land”), and its location in relation to the rest of the Order land.

(3) A CEMP must be in substantial accordance with reference document 9 (outline construction environmental management plan) and, subject to sub-paragraph (4), must set out a plan, policy, procedure, standard or method statement to be followed in respect of each of the matters specified below in relation to the CEMP work, to the extent that they are relevant to it—

(a) general management processes, including—

(i) details of audit and inspection programs;

(ii) details of competence training and awareness programmes for construction workers;

(iii) details of the behavioural standards with which construction workers are to comply;

(iv) measures to prevent and respond to accidents and injuries to construction workers;

(b) the times when CEMP work, or particular types of CEMP work, may be carried out, either generally or in particular locations, including—

(i) details of first hour mobilisation activities;

(ii) activities that may be undertaken during any extended construction hours, and the notification process for such activities;

(iii) the management of, and notification process for, the carrying out of CEMP work outside the times when CEMP work is otherwise permitted, where this is necessary in order to deal with an emergency;

(iv) details of any CEMP work that may be undertaken on a 24-hour basis, including the reasons why this is necessary, and the notification process for such CEMP work;

(c) engagement with those who live on the CEMP land, or own or occupy land adjoining it, including how they are to be informed about—

(i) the impacts of the CEMP work that they may reasonably be expected to experience, and

(ii) how and with whom they may raise concerns about such impacts, or complaints about impacts of the CEMP work that they have experienced;

(d) the control of noise and vibration, using best practicable means, as defined in section 72 of the Control of Pollution Act 1974[^f00044], including—

(i) the setting of limits that must not be exceeded, to avoid unacceptable disturbance to sensitive receptors in the vicinity of the CEMP work (“prescribed noise and vibration limits”);

(ii) monitoring compliance with prescribed noise and vibration limits;

(iii) measures for mitigating the impact of noise and vibration, including alternative working practices to be adopted if noise or vibration temporarily exceeds, or is likely to exceed, a prescribed noise and vibration limit;

(e) the control of dust and other emissions to air, including—

(i) the setting of limits that must not be exceeded, in order to avoid unacceptable disturbance to sensitive receptors in the vicinity of the CEMP work (“prescribed emission limits”);

(ii) monitoring compliance with prescribed emission limits;

(iii) measures for mitigating the impact of such emissions, including alternative working practices to be adopted if such emissions temporarily exceed, or are likely to exceed, a prescribed emission limit;

(f) arrangements for storing materials to be used in the CEMP work, including arrangements for safe storage of any substances to be so used which are classed as hazardous for the purposes of any enactment applicable to the CEMP work;

(g) measures describing how soils will be managed, including—

(i) details of stripping methods,

(ii) stockpiling arrangements, and

(iii) any reinstatement that is to be undertaken;

(h) arrangements for the following—

(i) site compounds and facilities, including welfare facilities, for construction workers;

(ii) temporary fencing and hoardings, including a plan showing their locations;

(iii) construction equipment and plant, including the maximum operating height of equipment;

(i) management of waste including—

(i) storage and segregation of waste and the location of areas where they are to be carried out;

(ii) removal of waste from the CEMP land;

(j) illuminance levels to be adhered to in order to avoid or mitigate any adverse impact on sensitive receptors, including, where necessary, measures to maintain compliance with the requirements specified in condition 8(7)(b) (habitat creation and enhancement plans);

(k) the strategy to be adopted in relation to any use of piling, which must be prepared having regard to the matters set out in paragraph (d) and the need to assess and address any specific risks associated with any piling that is proposed to form part of the CEMP work;

(l) management of water, including—

(i) any temporary structures to convey, attenuate or treat surface water on the CEMP land, and measures to limit and remove suspended solids and other pollutants contained in surface water runoff;

(ii) preparation of flood emergency measures, together with appropriate means of awareness training for construction workers;

(iii) arrangements for securing an adequate supply of potable water and for the disposal of foul water;

(iv) where the CEMP work is to be carried out in or near a body of groundwater, a body of surface water, or any other watercourse (each a “waterbody”), measures to address the risk of anything (whether natural or artificial) in or near the waterbody impeding or diverting the passage of fish or other aquatic fauna through the waterbody;

(m) assessment of whether CEMP work will give rise to a relevant contamination risk;

(n) arrangements for preventing or controlling any environmental pollution that may arise from it otherwise than as a result of a relevant contamination risk, including—

(i) procedures for dealing with contaminated soils encountered on, and their removal from, the CEMP land;

(ii) measures to protect controlled waters, as defined in section 104 of the Water Resources Act 1991[^f00045], from potential sources of environmental pollution, including the effects of silt and sediment, spillages or other accidental releases of fuel oil or other chemicals, or other forms of pollution, including details of any containment structures or systems;

(iii) measures for managing concrete and cement, including arrangements for concrete and cement washout;

(iv) management of wheel cleaning facilities;

(v) containment structures and systems associated with refuelling of construction plant;

(o) protection of the natural environment, including—

(i) management of risks arising from the presence of invasive species in, on, under or over the CEMP land, including measures to prevent the spread, in water, of invasive species and diseases transferred from equipment or construction workers;

(ii) measures to protect specific species or habitats, including dark corridors, including by avoiding or minimising disturbance to them, or compensating for habitat loss;

(iii) an OS plan showing the existing trees, hedges and other vegetation to be retained and those to be removed;

(iv) measures to protect and prevent damage to trees, hedgerows and other vegetation and habitats that are to be retained on the CEMP land, which, in the case of trees, must be in substantial accordance with reference document 21 (arboricultural impact assessment report), excluding Appendix C to that document;

(p) arrangements for appointing and retaining persons with suitable qualifications and experience to carry out, or advise on, any matters relating to the CEMP work in respect of which their expertise is required in relation to—

(i) the assessment and prevention of relevant contamination risks and other risks of environmental pollution;

(ii) monitoring noise and vibration;

(iii) monitoring dust and other emissions to air;

(iv) arboriculture and ecology;

(v) geo-environmental engineering;

(vi) health and safety;

(q) arrangements for the management of construction traffic, including—

(i) access points from public roads;

(ii) the regulation of vehicle movements onto and from the CEMP land, including details of how vehicle movements onto and from the CEMP land will be organised, supervised, controlled, and monitored, including any arrangements for holding vehicles prior to arrival on the CEMP land;

(iii) details and phasing of routing for vehicles travelling to and from the CEMP land in connection with CEMP work, including arrangements for—

(aa) construction workers,

(bb) abnormal indivisible loads,

(cc) heavy-duty vehicles, and

(dd) vehicles removing spoil or waste materials from the Order land;

(iv) the management of deliveries to the CEMP land so as to avoid queues of vehicles forming on public roads within and adjacent to the CEMP land, including measures to minimise the number of traffic movements overall, and manage the timing of deliveries to avoid the periods each day when, on average, traffic on such roads is heaviest;

(v) recording and monitoring of construction traffic movements, and measures for securing adherence to the routing referred to in sub-paragraph (iii);

(vi) steps to be taken to minimise the use of private cars to transport construction workers to and from the Order land;

(vii) measures to prevent the deposit of mud and other deleterious material on roads surrounding the CEMP land;

(viii) maintaining safe and suitable access for emergency vehicles and pedestrians to and around the CEMP land;

(ix) where construction work is to be carried out on or near operational land of a railway undertaker, measures to protect its assets and maintain a safe operational railway;

(r) managing the impact of construction work on the emission of greenhouse gases.

(4) A CEMP may relate to—

(a) one or more items or categories of construction work specified in the CEMP;

(b) construction work that is to be undertaken—

(i) over one or more periods;

(ii) in relation to one or more buildings or structures, or one or more classes of authorised development;

(iii) in, on, under or over one or more parts of the Order land,

provided that it complies with the requirements of sub-paragraphs (2), (3) and (8) in respect of all the construction work to which it relates.

(5) A CEMP may comprise more than one document, and may, for example, include or incorporate by reference separate documents covering any of the matters set out in sub-paragraph (3) such as a piling strategy, construction lighting management plan, dust management plan or invasive species strategy, and the same document may be incorporated by reference into more than one CEMP—

(a) if, and to the extent that, its contents are equally applicable to the CEMP work to which each such CEMP relates, and

(b) if, when each such CEMP is submitted to the Secretary of State for approval, the Secretary of State is given copies of all the documents comprised in or incorporated by reference into it.

(6) Subject to sub-paragraph (8), the site controller may submit to the Secretary of State for approval a notice specifying, in relation to a particular CEMP or category of CEMPs, matters referred to in sub-paragraph (3)—

(a) which are relevant to the CEMP work, and

(b) which the site controller considers that it would not be proportionate to include in that CEMP or category of CEMPs.

(7) A notice under sub-paragraph (6) may be given either before, or at the same time as, the site controller submits to the Secretary of State for approval the CEMP, or a CEMP of the category, specified in the notice, and, if and to the extent that the Secretary of State endorses the notice, the matters specified in the notice may be omitted from that CEMP or CEMPs of that category.

(8) If condition 14 (land remediation) applies to CEMP work, no matter referred to in sub-paragraph (3)(m) or (n)(i) may be—

(a) omitted from a CEMP on the grounds that it is irrelevant to the CEMP work;

(b) specified as not proportionate to include in a CEMP or category of CEMPs in a notice given under sub-paragraph (4),

unless the site controller has provided to the Secretary of State a notice under condition 14(6), or a notice, report and opinion under condition 14(9) in respect of that CEMP work.

(9) The site controller must, in relation to any CEMP or CEMP work, have regard to the desirability of minimising, so far as reasonably practicable, the likely cumulative adverse impacts arising from construction work relating to different authorised works.

(10) The site controller must—

(a) keep a copy of each CEMP that has been endorsed on the Order land;

(b) keep each such CEMP under review until the CEMP work to which it relates is completed, and request the Secretary of State to endorse modifications to it as appropriate, having regard in particular to sub-paragraph (9).

Mass grading

13

(1) No mass grading may begin until the site controller has submitted to the Secretary of State for approval a grading plan for the part of the Order land where it is proposed to carry out that mass grading, and the Secretary of State has endorsed the plan.

(2) A grading plan must include the following—

(a) an OS plan showing the location where the mass grading is proposed to take place;

(b) details of the proposed mass grading;

(i) the existing elevation and gradient for the part of the Order land where the mass grading is to be carried out and the proposed modifications to the topography of the land and the intended elevation of the land after grading;

(ii) a plan of the areas from which earth will be excavated and to which it will be added to achieve the desired elevations.

Land remediation

14

(1) This paragraph applies to construction work that is identified as giving rise to a relevant contamination risk, whether as a result of an assessment carried out under a CEMP or otherwise, including during the course of carrying out construction work.

(2) No construction work to which this paragraph applies, other than preliminary work, may be carried out unless the site controller has provided to the Secretary of State—

(a) a notice under sub-paragraph (6), or

(b) a notice, report and opinion under sub-paragraph (9),

in respect of that construction work.

(3) The site controller must prepare a strategy for carrying out remediation work in respect of the part of the Order land in, on, under or over which construction work to which this paragraph applies is proposed to be carried out (“land remediation strategy”) in accordance with sub-paragraph (4).

(4) A land remediation strategy must—

(a) be prepared in substantial accordance with reference document 13 (outline land remediation strategy),

(b) identify the likely location and nature of any substances in, on, under or over the part of the Order land to which it relates, whose presence may give rise to a relevant contamination risk, and

(c) assess whether, and, if so, in what ways, any construction work proposed to be carried out in, on, under or over that land will cause significant harm or significant pollution or a significant possibility of significant harm or significant pollution.

(5) The risk assessment carried out under sub-paragraph (4)(c) must be undertaken by a suitably qualified contaminated land practitioner—

(a) in substantial accordance with the requirements of British Standard BS 10175:2011+A2:2017[^f00046], and

(b) having regard to any guidance—

(i) issued by the Secretary of State in accordance with section 78YA of the Environmental Protection Act 1990[^f00047], or

(ii) published by the Environment Agency in relation to land contamination,

that has not been withdrawn[^f00048].

(6) Where the suitably qualified contaminated land practitioner carrying out a risk assessment under sub-paragraph (4)(c) concludes that the construction work to which that risk assessment relates will not give rise to significant harm or significant pollution or a significant possibility of significant harm or significant pollution, the site controller must give the Secretary of State, in respect of that construction work—

(a) a notice setting out that conclusion, and

(b) the suitably qualified contaminated land practitioner’s confirmation of that conclusion.

(7) Where, in respect of some or all of the construction work or some or all of the land to which a risk assessment under sub-paragraph (4)(c) relates, the suitably qualified contaminated land practitioner carrying out the risk assessment does not reach the conclusion in sub-paragraph (6), no construction work to which this paragraph applies and to which that risk assessment relates may be carried out until—

(a) a scheme (“detailed remediation scheme”) has been prepared and implemented in respect of that land or construction work in accordance with sub-paragraph (8), and

(b) the notice, report and opinion referred to in sub-paragraph (9) have been provided to the Secretary of State.

(8) A detailed remediation scheme must—

(a) be prepared for the site controller by, or under the supervision of, or verified by, a suitably qualified contaminated land practitioner;

(b) describe the things to be done to ensure that the construction work to which it relates does not give rise to significant harm or significant pollution (“scheme measures”);

(i) the risk of significant harm or significant pollution, or of a significant possibility of significant harm or significant pollution, that the scheme measures are to address;

(ii) any options for scheme measures and reasons for selecting the preferred option;

(iii) the criteria for determining that the scheme measures have effectively addressed the risk specified under sub-paragraph (i);

(iv) the programme of scheme measures, including details of arrangements for managing the movement, reuse and disposal of materials, including measures to assess the suitability of any imported material;

(d) include a verification plan that—

(i) provides details of the data that will be collected to demonstrate that the scheme measures have been completed, and

(ii) identifies any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action;

(e) be implemented in accordance with its terms.

(9) Where a detailed remediation scheme has been implemented, the site controller must—

(a) notify the Secretary of State of the scheme measures undertaken, and their completion;

(b) provide to the Secretary of State—

(i) a verification report by a suitably qualified contaminated land practitioner that is consistent with the verification plan referred to in sub-paragraph (8)(d), and

(ii) the suitably qualified contaminated land practitioner’s expert opinion that if the risk assessment carried out under sub-paragraph (4)(c) were to be repeated, that assessment would lead to them reaching the conclusion in sub-paragraph (6).

Archaeological mitigation

15

(1) No construction work, other than preliminary work, may begin in a designated area, until—

(a) the archaeological work comprised in a programme of activity that is in substantial accordance with section 3 of the environmental controls document has been completed in respect of the designated area, and

(b) the site controller has—

(i) notified the Secretary of State that that archaeological work has been completed, and

(ii) provided the Secretary of State with a report, prepared by or verified by a suitably qualified and experienced archaeologist, to that effect.

(2) For the purposes of this paragraph, a “designated area” is a part of the Order land—

(a) identified as an archaeological mitigation area in Table 3-1 of the environmental controls document, and

(b) with the exception of the area described in that table as P1, shown on a plan in Appendix A (archaeological mitigation areas) to that document.

Construction traffic management scheme

16

(1) Until the criteria in sub-paragraph (3) are satisfied—

(a) the aggregate number of movements into or out of the ERC area by relevant heavy-duty vehicles by way of all the construction access points from public roads identified in an endorsed CEMP may not exceed 1,000 on any calendar day;

(b) the aggregate number of movements by all relevant motor vehicles—

(i) along Manor Road, east of the Marston Vale Railway Line, in any direction, and

(ii) comprising the whole or part of a journey of any length,

may not exceed 3,035 car-equivalent movements on any calendar day.

(2) For the purposes of this paragraph—

(a) a heavy duty vehicle or other vehicle is “relevant” if it moves across the Order land in connection with the carrying out of authorised development, for example, to deliver materials for use in construction work;

(b) the movement of a motor vehicle—

(i) other than a heavy-duty vehicle, is to be counted as one car-equivalent movement;

(ii) that is a heavy-duty vehicle, is to be counted as two car-equivalent movements.

(3) The criteria are that—

(a) the site controller has submitted to the Secretary of State a scheme for approval (a “construction traffic management scheme”),

(b) the Secretary of State has endorsed the scheme, and

(4) The construction traffic management scheme—

(a) must set out the things to be done to—

(i) widen, re-surface, locate additional structures on or beside, or otherwise alter or improve, an existing public road,

(ii) construct a new public road, or

(iii) route or divert traffic,

so as to enable a road to accommodate larger numbers of car-equivalent movements by relevant motor vehicles than those specified in sub-paragraph (1)(a) and (b) without presenting an unacceptable risk to other road users;

(b) may include proposals for restrictions on traffic—

(i) expressed in terms of larger or smaller numbers of heavy-duty vehicle deliveries or car-equivalent movements than those set out in sub-paragraph (1), and

(ii) that are to take effect in substitution for the restrictions set out in sub-paragraph (1) when the things to be done under the scheme, including in particular the carrying out of any development, have progressed to a stage specified in the scheme but are not yet completed, or when other conditions specified in the scheme have been met.

(5) If, and to the extent that, a construction traffic management scheme, or any proposed modification of an endorsed construction traffic management scheme, contains proposals of the kind referred to in sub-paragraph (4)(b), the Secretary of State must not decide to endorse that scheme or modification unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7)(modification of reference documents, controlling documents and endorsement conditions).

(6) Until an endorsed construction traffic management scheme has been implemented, the site controller must monitor, and keep a record of—

(a) heavy-duty vehicle deliveries as described in sub-paragraph (1)(a), and

(b) car-equivalent movements as described in sub-paragraph (1)(b),

and make that record available to the Secretary of State upon request.

Broadmead Road

17

(1) Subject to sub-paragraph (2), construction traffic associated with authorised development may not use Broadmead Road as access for construction work other than preliminary work in the West Gateway Zone and Core Zone unless—

(a) a direct construction access from Broadmead Road via the road known as Woburn Road to the West Gateway Zone has been constructed, and

(b) a signalised junction is operational at the intersection of Broadmead Road and the road known as Woburn Road that runs parallel to the A421.

(2) The restriction set out in sub-paragraph (1) does not apply to movements of heavy-duty vehicles associated with any construction work that it is necessary to carry out to provide the access or junction referred to in sub-paragraph (1)(a) or (b).

Broadmead Road level crossing

18

(1) No construction traffic associated with authorised development may use the level crossing on Broadmead Road unless—

(a) the site controller has submitted to the Secretary of State for approval a scheme for improving the level crossing and its operation, and

(b) the Secretary of State has endorsed the scheme, and it has been fully implemented.

(2) The scheme must set out how the site controller proposes to ensure public safety while construction traffic associated with authorised development is using the level crossing, including OS plans and drawings of any works proposed to be comprised in its implementation.

Part 5 — Temporary accommodation for construction workers

Interpretation of Part 5

19

In this Part—

“accommodation monitoring report” means a report prepared by the site controller under condition 20(3)(b) (accommodation monitoring reports);

“booking number” means the arithmetic mean of the number of serviced accommodation units that will be occupied by, or reserved for, construction workers on any given night during a calendar month, determined according to the site controller’s best estimate in advance;

“exceedance” occurs in respect of a calendar month where the booking number exceeds 535;

“serviced accommodation unit” means— a room in premises that provide fully furnished accommodation for short-term or long-term stays and are located outside the Order land but within the area comprised of the administrative areas of Central Bedfordshire Council and Bedford Borough Council at the date when this Order is made, including— hotels, boarding houses or guest houses where no significant element of care is provided or offered to guests; apartments, houses or single rooms, where hotel-like amenities such as room service and housekeeping are provided or offered, or such other unit within any such premises as is capable of being separately reserved;

“total construction workforce” means the arithmetic mean of the number of construction workers carrying out authorised development on any given calendar day during a calendar month, determined according to the site controller’s best estimate in advance.

Accommodation monitoring reports

20

(1) Before the end of February 2027, and before the end of each third subsequent calendar month, starting with May 2027, the site controller must determine the total construction workforce for each of the next three calendar months.

(2) The site controller must keep a record of its determinations under sub-paragraph (1), and, if requested by the Secretary of State, must provide to the Secretary of State—

(a) the total construction workforces that it has determined;

(b) an explanation of the assumptions and methods it has used to determine them.

(3) If, in complying with sub-paragraph (1), the site controller determines that the total construction workforce for a calendar month will exceed 2,500, the site controller must—

(a) immediately give a notice to that effect to the Secretary of State;

(b) until the criteria specified in sub-paragraph (4) are satisfied, instead of determining the total construction workforce in accordance with sub-paragraph (1), give the Secretary of State a report, before the end of each calendar month, beginning with the calendar month in which it gives a notice under paragraph (a), setting out, for each of the next three calendar months—

(i) the booking numbers and total construction workforces that it has determined;

(ii) an explanation of the assumptions and methods it has used to determine them.

(4) The criteria are that—

(a) the site controller has determined that—

(i) an exceedance is not likely to occur in respect of any of the next six calendar months, or

(ii) the total construction workforce is not likely to exceed 2,500 within the next six calendar months,

(b) the site controller has given the Secretary of State a notice to that effect for approval, explaining the reasons for its determination, and

(5) If the site controller—

(a) fails to provide an accommodation monitoring report as and when required by sub-paragraph (3)(b), and

(b) does not rectify such failure within 5 calendar days of being notified of the failure by the Secretary of State,

all construction work on the Order land must cease within 28 calendar days of the end of the period referred to in paragraph (b) until it provides that accommodation monitoring report.

Exceedances and accommodation management plans

21

(1) If, in determining the booking number under condition 20(3)(b) (accommodation monitoring reports), the site controller determines that an exceedance is likely to occur within any of the next three calendar months, the site controller must—

(a) prepare a plan (“accommodation management plan”), and

(b) submit the plan to the Secretary of State for approval when it next provides an accommodation monitoring report to the Secretary of State.

(2) An accommodation management plan must set out—

(a) how the site controller proposes to address exceedances;

(b) a timetable for the steps taken or to be taken to implement the site controller’s proposals;

(c) methods for monitoring progress towards the implementation of those proposals and evaluating the effectiveness of the steps taken;

(d) the further steps to be taken if the site controller is unable to implement the proposals, if the taking of those steps is delayed, or if they are not effective.

(3) If the site controller—

(a) fails to provide an accommodation management plan in accordance with sub-paragraphs (1) and (2), and

(b) does not rectify such failure within 5 calendar days of being notified of the failure by the Secretary of State,

all construction work on the Order land must cease within 28 calendar days of the end of the period referred to in paragraph (b) until it provides that accommodation management plan.

Construction worker accommodation

22

(1) If, after a plan prepared under condition 21(1) (exceedances and accommodation management plans) has been endorsed, an accommodation monitoring report indicates that exceedances are likely to occur in respect of three consecutive calendar months, despite the proposals in the endorsed plan having been implemented, the site controller must—

(a) provide construction worker accommodation on the Order land, and

(b) notify the Secretary of State of the dates—

(i) when the construction worker accommodation has been provided, and

(ii) (if different) on which it is first used by construction workers.

(2) The construction worker accommodation provided under sub-paragraph (1)(a) must be sufficient to ensure that no exceedance occurs in at least the three calendar months following the date on which the site controller notifies the Secretary of State under sub-paragraph (1)(b)(i).

(3) Construction of construction worker accommodation must not begin unless the site controller has submitted to the Secretary of State for approval, and the Secretary of State has endorsed, a document containing—

(a) an OS plan showing the location of the proposed construction worker accommodation in relation to the rest of the Order land;

(b) a description of the proposed construction worker accommodation, including the number of construction workers to be accommodated in it;

(d) details of the arrangements for—

(i) access to the proposed construction worker accommodation, and

(ii) supply of potable water to it and disposal of foul water from it.

(4) The Secretary of State must not decide to endorse a document submitted under sub-paragraph (3), or a modification of such a document, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5) A building constructed or installed exclusively for the purposes of providing construction worker accommodation—

(a) must have—

(i) fewer than seven storeys (including any mezzanines), and

(ii) a height of less than 18 metres when measured from the level of the lowest point of land immediately adjoining the building to the floor surface of its top storey, and

(b) must not be located in the vicinity of the facility referred to in condition 30(1)(b) (Lake Zone: proximity to liquefied natural gas facility).

(6) If construction worker accommodation is provided under this paragraph, it must continue to be available for use by construction workers until the criteria specified in condition 20(4) (accommodation monitoring reports) are satisfied.

Part 6 — Height controls

Height controls: general

23

(1) In each zone, authorised works of the description given in the second column of each row of the table in Schedule 4 (maximum height parameter tables) (a “parameter table”) whose title refers to that zone must not exceed the height, specified in metres AGL and, where appropriate, AOD, in the third column of the same row of that table, subject to any condition or limitation set out in the second column of that row.

(2) Each row of a parameter table, read with sub-paragraph (1), comprises a distinct height control, which is referred to in the parameter table in which it is set out by the number of the row which appears in the first column of that row.

(3) Other height controls—

(a) are set out in condition 22(5)(a)(ii) (construction worker accommodation), condition 24 (height controls to secure an articulated skyline), condition 43 (impact of authorised works on natural light in certain dwellings) and condition 47 (means of enclosure with a height of more than 5.4 metres AGL), and

(b) may be set out in an endorsement condition.

(4) If more than one height control requires an authorised work not to exceed a specified height, that authorised work must be constructed so that its height does not exceed the height permitted by whichever of the height controls applicable to it requires it to have the lower, or lowest, height.

(5) For the purposes of sub-paragraph (4), if a height control is expressed in terms of a specified number of metres AGL and a specified number of metres AOD, and the effects of the control as expressed in metres AGL and metres AOD are different when applied to a particular case—

(a) the specified numbers of metres AGL and AOD referred to in that height control are to be regarded as two distinct height controls in that case,

(b) whichever of the specified number of metres AGL or AOD gives the higher height is to be disregarded in that case, and

(c) the height control is to be read and given effect in that case as if it were only expressed in terms of whichever number of metres (AGL or AOD) specified in it gives the lower height.

(6) No height control set out in a Schedule 3 condition or parameter table applies to a crane used in construction work, whether or not it is mounted on a building or other structure.

(7) No height control set out in a parameter table, read with sub-paragraph (1), applies to an authorised work to the extent that it is an authorised work of the kind described in condition 47 (means of enclosure with a height of more than 5.4 metres AGL).

Height controls to secure an articulated skyline

24

(1) In this paragraph—

“medium component” means a work with a height of more than 10 metres AGL and no more than 20 metres AGL;

“tall component” means a work with a height of more than 20 metres AGL and no more than 75 metres AGL;

“very tall component” means a work with a height of more than 75 metres AGL and no more than 115 metres AGL.

(2) Authorised works must be designed and constructed in accordance with the height controls set out in this paragraph, and no construction work may be carried out in respect of an authorised work—

(a) that would comply with a height control set out in this paragraph but would not comply with another height control that requires it not to exceed a specified height, or

(b) that would comply with another height control that requires it not to exceed a specified height but would not comply with a height control set out in this paragraph.

(3) In the Core Zone—

(a) very tall components must not be located on or over more than 3 per cent of the applicable area;

(b) each external surface of a very tall component, at any level, must be at least 20 metres away from the nearest external surface of any other very tall component;

(c) each very tall component must be so designed and constructed that, when completed, no portion of it that extends vertically beyond a height of 75 metres AGL—

(i) comprises anything other than attraction overlay, or

(ii) extends horizontally over an area of more than 0.2 hectares, at any level that is not below ground level;

(d) tall components must not be located on or over more than 10 per cent of the applicable area;

(e) medium components must not be located on or over more than 20 per cent of the applicable area.

(4) In each of the Lake Zone and West Gateway Zone—

(a) no very tall component may be constructed;

(b) tall components must not be located on or over more than 15 per cent of the applicable area;

(5) In the East Gateway Zone—

(a) no very tall component may be constructed;

(b) tall components must not be located on or over more than 10 per cent of the applicable area;

(6) The “applicable area” of each zone—

(a) is its total land surface area as shown on the zonal plan, less—

(i) in the Core Zone and Lake Zone, the surface area of any part of the zone where public roads or specified habitats are located;

(ii) in the West Gateway Zone and East Gateway Zone, the surface area of any part of the zone where public roads are located, and

(b) for as long as no modification is made to the zonal plan, is as set out in Table 2.

Zone	Applicable area (in square metres)
Core Zone	835,155
Lake Zone	457,325
West Gateway Zone	179,700
East Gateway Zone	62,903

Part 7 — Approval of masterplans and detailed designs

Interpretation of Part 7

25

In this Part—

“appearance” means the aspects of an authorised work which determine the external visual impression that it makes;

“basic description” means a description of the authorised works to which a masterplan or detailed design relates, that includes— an OS plan showing their location in relation to the rest of the Order land, their access connections, and the boundaries of any adjacent specified habitat; if— the area to which a masterplan relates includes the location of, or the authorised works to which a detailed design relates include, a proposed active travel route shown on reference document 6 (parameter plan – active travel plan), an OS plan showing that the location of that route is or is proposed to be substantially in accordance with that reference document;

“core design features” means the following matters relating to authorised works in respect of which a masterplan or detailed design must be submitted for approval by the Secretary of State— an indicative vertical cross-section through the authorised works, showing ground level and layout, illustrated on a 1:200 or 1:500 scale drawing; layout; general locations of hard landscaping; a soft landscaping scheme; hard landscaping materials palette; an external lighting scheme; climate resilience measures; general location and total number of designated vehicle parking spaces; how the development will facilitate equal and convenient access for, and use by, all users, including people with disabilities;

“figure-ground diagram” means an OS plan that shows the relationship between— buildings, which are shown on it as solid black masses or figures, and other features of the area represented on the plan, such as roads and open spaces, which are shown on it as a white background;

“layout” means the way in which buildings and other features within an area to which a submission document relates are provided, situated and orientated in relation to each other and to buildings and features adjoining that area;

“plot” means a parcel of land, delineated on a masterplan, in, on, under or over which authorised development is proposed to be carried out;

“soft landscaping scheme” means details of the following in relation to a part of the Order land to which a masterplan or detailed design relates— the general location of areas where— existing trees, shrubs or other vegetation are to be retained, or trees, shrubs or other vegetation are to be newly planted; the principles according to which— such areas will be designed, including how they will contribute to biodiversity and the species mix of trees, shrubs and other vegetation to be used; arrangements will be made to establish, maintain and manage such areas; where the part of the Order land to which a masterplan or detailed design relates includes a proposed dark corridor, how the requirements of condition 8(7) (habitat creation and enhancement plans) will be complied with in respect of that dark corridor.

Requirement for masterplan or detailed design approval

26

(1) Subject to sub-paragraph (2), no authorised development of a kind referred to in article 4(2)(a) (grant of planning permission) may begin unless—

(a) if it relates to class 3 or class 6 authorised works, or the construction of a work that is proposed to have a height of 45 metres AGL or more—

(i) the site controller has submitted to the Secretary of State for approval a detailed design in respect of that authorised work, and

(ii) the Secretary of State has endorsed that detailed design;

(b) if it relates to any other authorised works—

(i) the site controller has submitted to the Secretary of State for approval—

(aa) a masterplan for the zone or part of a zone where the authorised works are proposed to be located, or

(bb) a detailed design in respect of the authorised works, and

(ii) the Secretary of State has endorsed that masterplan or detailed design.

(2) Sub-paragraph (1) does not apply to authorised development of a kind referred to in article 4(2)(a) if, or to the extent that—

(a) the authorised works to which it relates—

(i) are proposed to be located in the Inner Core Zone and do not comprise a public road, and

(ii) either do not comprise a relevant work as defined in sub-paragraph (1) of condition 43 (impact of authorised development on natural light in certain dwellings), or, if they do comprise a relevant work as so defined, meet the reporting criteria as specified in sub-paragraph (5) of that condition and the construction criterion as specified in sub-paragraph (6)(a) of that condition;

(b) the authorised development is proposed to be carried out outside the Inner Core Zone and consists of or relates to—

(i) preliminary work;

(ii) site preparatory work;

(iii) the provision of construction worker accommodation under condition 22 (construction worker accommodation);

(iv) development carried out to implement an endorsed habitat location plan or habitat creation and enhancement plan;

(v) authorised development—

(aa) in class 3 or class 6, relating to class 3 or class 6 authorised works after they have first been constructed,

(bb) which, where it involves the construction of new infrastructure, only involves the construction of infrastructure that replaces existing infrastructure of the same or a similar type, and that is not substantially larger, in terms of its capacity or extent, than the existing infrastructure that it replaces, and

(cc) which will not have an effect of the kind referred to in article 7(7)(b)(i) or (ii) (modification of reference documents, controlling documents and endorsement conditions);

(vi) authorised development in any of the following classes—

(aa) class 4;

(bb) class 8(a)(i), provided that its height does not exceed 5.4 metres AGL;

(cc) class 8(a)(ii), (iii) or (iv);

(dd) class 8(b)(i), (ii) or (iii);

(ee) class 9(b)(i), (ii), (iii), (iv) or (vi);

(ff) class 9(b)(v), provided that its height does not exceed 5.4 metres AGL;

(c) condition 47 (means of enclosure with a height of more than 5.4 metres AGL) applies to that authorised development and a plan for it has been submitted to the Secretary of State under that condition and endorsed.

(3) A change to the boundary of a specified habitat, or in the use of land on which a specified habitat is created, retained or enhanced—

(a) may only be made in accordance with a modification, endorsed by the Secretary of State, of the plans relating to that specified habitat that have been endorsed under Part 3 (habitat creation, enhancement and maintenance), and

(b) is not authorised by the endorsement of a masterplan or detailed design that relates to that specified habitat or land, unless—

(i) the site controller requests such a modification at the same time as seeking approval of that masterplan or detailed design, and

(ii) the Secretary of State endorses that modification.

Masterplans

27

(1) A masterplan must include, in relation to the authorised works that are proposed to be located in the zone or sub-zone to which the masterplan relates—

(a) the documents specified in sub-paragraph (2);

(b) OS plans, technical drawings or explanatory text setting out the information specified in sub-paragraph (2).

(2) The documents and information specified are—

(a) a basic description;

(b) the core design features;

(d) layout in the form of a figure-ground diagram;

(e) for each plot, details of—

(i) its total width and length;

(ii) the maximum heights, in metres AGL and AOD, of authorised works that are proposed to be located in, on, under or over it, and the maximum depths of any basement levels of such authorised works;

(iii) whether any authorised work with a height of 45 metres or more is proposed to be located on it;

(f) general principles for the storage and collection of refuse, and recycling;

(g) how authorised works described in the masterplan will relate to or integrate with—

(i) any existing work that is to be retained;

(ii) any authorised work—

(aa) located, or proposed to be located, adjacent to the zone or sub-zone to which the masterplan relates, and

(bb) in respect of which there is an endorsed masterplan or detailed design;

(h) principles for addressing the micro-climate impacts of authorised works described in the masterplan, in relation to wind, overshadowing, day lighting and sunlight, including assessments that demonstrate how such impacts have been addressed and, where necessary, mitigated;

(i) where authorised development to which the masterplan relates is to be carried out on or near operational land of a railway undertaker, measures to protect its assets and maintain a safe operational railway.

(3) The site controller must provide a compliance statement to the Secretary of State—

(a) when it submits a masterplan to the Secretary of State under this paragraph, in relation to the submitted development;

(b) when it requests endorsement of a modification of an endorsed masterplan, in relation to the proposed modification.

Detailed designs: class 3 and class 6 authorised works

28

(1) A detailed design for class 3 or class 6 authorised works must include, in relation to the authorised works to which the detailed design relates—

(a) the documents specified in sub-paragraph (2);

(b) OS plans, technical drawings or explanatory text setting out the information specified in sub-paragraph (2).

(2) The documents and information specified are—

(a) a basic description;

(b) the core design features, excluding climate resilience measures and a hard landscaping materials palette in the case of class 6 authorised works;

(c) in the case of any public road that is, or is proposed to be, wholly or partly located in the Core Zone, an OS plan showing the location of—

(i) the boundary between that part of the road designed for use by motor vehicles and any kerb,

(ii) any active travel route associated with that road, and

(iii) any other authorised work that it is proposed will immediately adjoin the road or that active travel route;

(d) drawings of the authorised works to an appropriate scale;

(e) in the case of class 6 authorised works that comprise a public road, details of highway layout and alignment that are in substantial accordance with the limits of deviation shown in respect of that public road in the access and roadways plan;

(f) in respect of any construction work relating to a public road that is within paragraph (b) of the definition of “public road” in article 2(1) (interpretation), proposals for—

(i) providing public access to and use of it;

(ii) maintaining it until it is adopted by a highway authority as a highway maintainable at the public expense under section 38 or section 228 of the Highways Act 1980[^f00049];

(g) in the case of class 3(a) authorised works, plans showing the external dimensions, appearance and elevations of any station building.

(3) When the site controller submits a detailed design to the Secretary of State for approval under this paragraph, it must also provide to the Secretary of State—

(a) in the case of class 3 authorised works, confirmation from—

(i) Network Rail Infrastructure Limited (company number 02904587), or

(ii) such other body as may have assumed, before the date on which the detailed design is submitted to the Secretary of State, the function of approving designs of railway infrastructure that is carried out by Network Rail Infrastructure Limited at the date on which this Order is made,

that it has approved the design set out in the submission document;

(b) in the case of class 6 authorised works that comprise a public road, confirmation from—

(i) the highway authority for that public road, or

(ii) a suitably qualified and experienced independent expert appointed by the site controller,

that the public road, if constructed in accordance with the details set out in the submission document, will be safe for public use as a highway.

(4) The site controller must provide a compliance statement to the Secretary of State—

(a) in relation to the submitted development, when it submits a detailed design to the Secretary of State under this paragraph;

(b) in relation to a proposed modification of an endorsed detailed design, when it requests endorsement of such a modification.

Detailed designs: other classes of authorised works

29

(1) A detailed design for authorised works that are not in class 3 or class 6 must include, in relation to the authorised works to which the detailed design relates—

(a) the documents specified in sub-paragraph (2);

(b) OS plans, technical drawings or explanatory text setting out the information specified in sub-paragraph (2).

(2) The documents and information specified are—

(a) a basic description;

(b) the core design features;

(d) layout;

(e) the external dimensions of each building or structure comprised in the authorised works;

(f) access arrangements for emergency services;

(g) arrangements for the storage, compaction and collection of refuse, and recycling;

(h) appearance in the form of a materials palette;

(i) the micro-climate impacts of the authorised works, in relation to wind, overshadowing, day lighting and sunlight, including assessments that demonstrate how such impacts have been addressed and, where necessary, mitigated;

(j) where authorised development to which the detailed design relates is to be carried out on or near operational land of a railway undertaker, measures to protect its assets and maintain a safe operational railway.

(3) If a detailed design relates to a work that is proposed to have a height of 45 metres AGL or more, it must include the following documents and matters—

(a) a plan showing the relationship between that work, existing adjacent buildings or structures, any buildings or structures for which a detailed design has been endorsed, and any adjacent plot of which details are given in an endorsed masterplan;

(b) details of the appearance, facing materials, and finishes of the work;

(i) the reflective capacity of the materials to be used on the outside of the work;

(ii) the position of receptors, including—

(aa) individual point receptors such as dwellings, and

(bb) moving receptors such as road traffic or aircraft following a specific flight path,

and whether they are, or are likely to be, sensitive receptors;

(iii) an assessment of the probability and severity of the impacts, in respect of the light sensitive receptors identified under sub-paragraph (ii) of any—

(aa) momentary flash of light experienced by an external observer as a direct reflection of the sunlight reflected from a reflective surface (“glint”), or

(bb) continuous source of excessive brightness experienced by an external observer located in the path of sunlight reflected from a reflective surface (“glare”);

(iv) if the assessment concludes that the probability and severity of those impacts is such that they could, if not mitigated, be dangerous or otherwise have an unacceptable adverse effect, the steps to be taken to remove the danger or mitigate the effect in respect of the receptors identified,

and includes written confirmation from a suitably qualified and experienced professional that the work, with or without the taking of such steps, as the case may be, will not give rise to any dangerous or otherwise unacceptable adverse effect on light sensitive receptors arising from glint or glare.

(4) The site controller must provide a compliance statement to the Secretary of State—

(a) in relation to the submitted development, when it submits a detailed design to the Secretary of State under this paragraph;

(b) in relation to a proposed modification of an endorsed detailed design, when it requests endorsement of such a modification.

Lake Zone (proximity to liquefied natural gas facility)

30

(1) Subject to sub-paragraph (3), sub-paragraph (2) applies if the site controller, having regard to the relevant reference design standards, submits to the Secretary of State for approval—

(a) a masterplan for the Lake Zone, or

(b) a detailed design for any authorised work that is proposed to be carried out in the vicinity of the liquified natural gas facility at Asda, Marsh Leys Farm, Woburn Rd, Kempston, Bedford MK43 9AB (the “LNG facility”).

(2) The site controller must, having regard to the relevant reference design standards—

(a) seek the advice of the Health and Safety Executive (“HSE”) about any risks associated with carrying out the submitted development in the vicinity of the LNG facility;

(b) explain, when submitting the masterplan or detailed design for approval, how it has taken account of any advice or recommendations received from HSE in relation to such risks.

(3) Sub-paragraph (2) ceases to apply if—

(a) the site controller submits to the Secretary of State for approval a notice, in form and content satisfactory to the Secretary of State, stating that the LNG facility has been removed or decommissioned, and that it has not been replaced, and

(b) the Secretary of State endorses the notice.

(4) In this paragraph, the “relevant reference design standards” are the reference design standards to which the “design standard ID” numbers LZ2.1 and LZ2.2 are given in reference document 19 (design standards).

Part 8 — Reference design standards

Reference design standards applicable to all parts of the Order land

31

An authorised work must be constructed and operated in substantial accordance with each reference design standard relating to that authorised work that is listed in Table 3 by the “design standard ID” number given to that reference design standard in reference document 19 (design standards).

Design standard ID	Subject matter
SW4.1	Covered outdoor elements
SW4.2	Parking and hard landscaping materials
SW4.4	Climate resilience in design of buildings or structures
SW5.1	ERC exterior lighting
SW5.2	Lighting outside the ticketed area (avoidance of skyglow)
SW5.3	ERC exterior lighting outside of the ticketed area (ground level glare effects)
SW5.4	ERC exterior lighting outside of the ticketed area (upward light ratio and optical control
SW5.5	ERC exterior lighting outside of the ticketed area (lighting columns etc)
SW6.1	Vegetation by public roads
SW6.2	Topographical mounds and buffer planting
SW8.1	Active travel routes
LZ4.2	Sources of odour

Reference design standards applicable only to the Core Zone

32

An authorised work in the Core Zone must be constructed and operated in substantial accordance with each reference design standard relating to that authorised work that is listed in Table 4 by the “design standard ID” number given to that reference design standard in reference document 19 (design standards).

Design standard ID	Subject matter
CZ5.1	Core Zone lighting
CZ6.1	Landscaping around transport hubs

Reference design standards applicable only to the East Gateway Zone

33

An authorised work in the East Gateway Zone must be constructed and operated in substantial accordance with each reference design standard relating to that authorised work that is listed in Table 5 by the “design standard ID” number given to that reference design standard in reference document 19 (design standards).

Design standard ID	Subject matter
EG4.2	Climate change impact assessment in relation to Wixams station
EG6.1	Transport hubs

Reference design standards applicable only to the Lake Zone

34

An authorised work in the Lake Zone must be constructed and operated in substantial accordance with each reference design standard relating to that authorised work that is listed in Table 6 by the “design standard ID” number given to that reference design standard in reference document 19 (design standards).

Design standard ID	Subject matter
LZ2.1	Development in the vicinity of the installation referred to in condition 30 (Lake Zone (proximity to liquefied natural gas installation)
LZ2.2	Development in the vicinity of the installation referred to in condition 30
LZ5.1	Exterior lighting
LZ5.2	Amenity lighting
LZ5.3	Lighting on western edge of the lake

Part 9 — Location of certain authorised works

Primary access points

35

The primary access points to authorised works in the ERC area from the existing public road network must be located in substantial accordance with reference document 2 (primary access plan).

Entertainment resort complex

36

(1) Authorised works in class 1 or class 2 must not be located outside the ERC area.

(2) Authorised works in class 1(a) must not be located outside the ticketed area.

37

(1) Authorised development—

(a) in class 3(a) must not be carried out outside the East Gateway Zone;

(b) in class 3(c) must not be carried out outside the site where Kempston Hardwick station is located at the date on which this Order is made.

(2) The transport hub in the Core Zone must be located in substantial accordance with reference document 7 (parameter plan – core zone transport hub plan).

Petrol filling or service station

38

(1) No petrol filling or service station open to visitors may—

(a) be located outside the West Gateway Zone;

(b) have–

(i) more than 16 pumps dispensing fuel,

(ii) a hydrogen storage capacity of more than 2 tonnes, or

(iii) a liquefied petroleum gas storage capacity of more than 25 tonnes.

(2) No part of a petrol filling or service station may be used for the sale or display of vehicles.

Camp sites

39

Authorised works comprising a camp site must not be located outside the Lake Zone.

Conference and convention facilities

40

Authorised works in class 1(c) that are dedicated to conference and convention use must not—

(a) be located outside the Lake Zone, or

(b) have floorspace, the gross external area of which exceeds, in aggregate, 55,000 square metres.

Sports venues with outdoor playing fields

41

Any sports facility that includes an outdoor playing field must not be located outside the Lake Zone.

Class 4 authorised works

42

(1) The categories of authorised works specified in sub-paragraph (2) must be located—

(a) in the same part of the Order land, and

(b) inside a single—

(i) building or structure, or

(ii) enclosure formed by a surrounding fence, wall or other structure,

(the “utility compound”) to prevent access by persons other than workers.

(2) The categories of authorised works are—

(a) authorised works in class 4(a)(iii);

(b) a substation that is an authorised work of class 4(a)(iv)(aa);

(i) heating or cooling that is produced using infrastructure, plant and equipment that is located together at a single point on the Order land (“centrally co-located”), or

(ii) water collected from the Order land and redistributed to it after collection in and processing by centrally co-located infrastructure, plant and equipment,

the authorised works in class 4(c) or class 4(d) comprising such centrally co-located infrastructure, plant and equipment.

(3) No construction work, other than preliminary work or site preparatory work, may be carried out in respect of the utility compound, or any authorised work required to be located in it under sub-paragraph (1), unless—

(a) the site controller has submitted to the Secretary of State for approval an OS plan, indicating the proposed location of the utility compound in relation to the rest of the Order land, that is substantially in accordance with reference document 8 (parameter plan – utility compound plan), where its proposed location is indicated by yellow shading, and

(b) the Secretary of State has endorsed the plan.

Part 10 — Authorised works and authorised development: other specific restrictions and requirements

Impact of authorised works on natural light in certain dwellings

43

(1) No construction work, other than preliminary work or site preparatory work, may be carried out in respect of a work that meets the height and distance criteria specified in sub-paragraph (2), (3) or (4) (a “relevant work”) unless the relevant work satisfies—

(a) the reporting criteria specified in sub-paragraph (5), and

(b) the construction criterion specified in sub-paragraph (6).

(2) The height and distance criteria are that the work is—

(a) to be located within the Core Zone, within the distance or range of distances set out in the first column of one of the rows of Table 7 of the northern façade of a dwelling—

(i) which is on Broadmead Road,

(ii) which is not owned by the site controller or any of its affiliates, and

(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and

(b) to have a height—

(i) that is equal to, or

(ii) to the extent permitted by other height controls, exceeds,

the height set out in the second column of that row.

Distance from northern façade of the specified dwelling in metres	Height of work in metres AOD
107.6	86.87
Greater than 107.6 but no greater than 152.6	106.3
Greater than 152.6 but no greater than 172.2	117
Greater than 172.2 but no greater than 258	157

(3) The height and distance criteria are that the work is—

(a) to be located within the Core Zone, within the distance or range of distances set out in the first column of one of the rows of Table 8 of the existing northern facade of a dwelling—

(i) which is on Manor Road and located in an ERC expansion area,

(ii) which is not owned by the site controller or any of its affiliates, and

(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and

(b) to have a height—

(i) that is equal to, or

(ii) to the extent permitted by other height controls, exceeds,

the height set out in the second column of that row.

Distance from existing adopted boundary of Manor Road in metres	Height of work in metres AOD
92.7	78.45
Greater than 92.7 but no greater than 137.7	99.48
Greater than 137.7 but no greater than 175.3	117
Greater than 175.3 but no greater than 261	157

(4) The height and distance criteria are that the work is—

(a) to be located within the Lake Zone, within the distance or range of distances set out in the first column of one of the rows of Table 9 of the existing northern facade of a dwelling—

(i) which is on Manor Road and located in an ERC expansion area,

(ii) which is not owned by the site controller or any of its affiliates, and

(iii) in respect of which no material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission), and

(b) to have a height—

(i) that is equal to, or

(ii) to the extent permitted by other height controls, exceeds,

the height set out in the second column of that row.

Distance from existing adopted boundary of Manor Road in metres	Height of work in metres AOD
53.7	53.71
Greater than 53.7 but no greater than 57.5	55.5

(5) A relevant work satisfies the reporting criteria if—

(a) a suitably qualified and experienced professional has prepared a report in accordance with sub-paragraph (7) (“light impact report”) in respect of the relevant work, and

(b) the site controller has provided a copy of the light impact report to the Secretary of State.

(6) A relevant work satisfies the construction criterion if—

(a) the light impact report prepared in respect of the relevant work contains a conclusion under sub-paragraph (7)(c) that the impact of the relevant work on the amount of natural light reaching each relevant dwelling is not unacceptable, or

(b) if the light impact report in respect of the relevant work does not contain a conclusion as described in paragraph (a)—

(i) the site controller has submitted to the Secretary of State for approval a detailed design for the relevant work, and

(ii) the Secretary of State has endorsed the detailed design.

(7) A light impact report in respect of a relevant work must include—

(a) an assessment or reasonable estimate of the vertical sky component and annual probable sunlight hours for each habitable room in each relevant dwelling

(i) as they were at the date on which this Order is made;

(ii) as they will be if construction of the relevant work is completed,

measured at the centre of each existing window of each such room;

(b) an assessment or reasonable estimate, for each habitable room in a relevant dwelling, of the area, on a horizontal plane 0.85 metres above the floor, from which—

(i) sky can be seen at the date on which this Order is made;

(ii) it will be possible to see sky if construction of the relevant work is completed;

(c) the conclusion of the suitably qualified and experienced professional who has prepared the report on the question of whether—

(i) based on the assessments under paragraphs (a) and (b), and

(ii) having regard to whether the criteria set out in sub-paragraph (8) are satisfied,

the impact of the relevant work on the amount of natural light reaching each relevant dwelling is unacceptable.

(8) In considering the question on which sub-paragraph (7)(c) requires a conclusion, the suitably qualified and experienced professional who prepares a light impact report must exercise their professional skill and judgment and have regard to the most recently published version of the BRE Guidance, but may conclude that the impact of a relevant work on the amount of natural light reaching a relevant dwelling is not unacceptable if the following criteria are satisfied in respect of each habitable room in each relevant dwelling—

(a) the vertical sky component as assessed or estimated under sub-paragraph (7)(a)(ii)—

(i) is not less than 27 per cent, and

(ii) is not less than 80 per cent of the value assessed or estimated under sub-paragraph (7)(a)(i),

(b) the annual probable sunlight hours as assessed or estimated under paragraph (7)(a)(ii)—

(i) are not less than 25 per cent,

(ii) in the period between 21st September and 21st March are not less than 5 per cent, and

(iii) are not less than 80 per cent of the value assessed or estimated under sub-paragraph (7)(a)(i), and

(c) the area assessed or estimated under sub-paragraph (7)(b)(ii) is not less than 80 per cent of the area assessed or estimated under sub-paragraph (7)(b)(i),

unless they consider that other evidence in relation to a relevant work or a relevant dwelling, to which it is reasonable to give greater weight, leads to the conclusion that, even though the criteria in paragraphs (a) to (c) are satisfied, the impact of the relevant work on the amount of natural light reaching a relevant dwelling is nevertheless unacceptable.

(9) In this paragraph—

“annual probable sunlight hours” means the long-term average of the total number of hours during a year in which direct sunlight reaches the ground when clouds are taken into account, expressed as a percentage;

“BRE guidance” means “Site Layout and Planning for Daylight and Sunlight: a guide to good practice”, published by the Building Research Establishment[^f00050];

“relevant dwelling” means, in relation to a relevant work, a dwelling that is referred to in paragraph (a) of whichever of sub-paragraphs (2), (3) or (4) specifies height and distance criteria that that work meets;

“vertical sky component” means the measure of the amount of light reaching a window, expressed as a percentage, that is further defined as such in the glossary to the third edition of the BRE guidance.

Kempston Hardwick moated site

44

(1) No authorised development may be carried out within 10 metres, in any direction, of the boundary of the scheduled monument with list entry number 1012312 on the National Heritage List for England[^f00051], known as Kempston Hardwick moated site (“the moated site”).

(2) If any construction work includes the carrying out of piling within 30 metres, in any direction, of the boundary of the moated site, the part of the CEMP relating to that construction work and dealing with piling must set out how ground borne vibration from such piling will be prevented from exceeding 2 millimetres per second peak particle velocity at the boundary of the moated site.

(3) If vibration from such construction work causes ground borne vibration exceeding that level at the boundary of the moated site, that construction work must cease, and may not resume until—

(a) the site controller has submitted to the Secretary of State for approval details of measures to be implemented to prevent future exceedances, and

(b) the Secretary of State has endorsed those details.

Veteran tree

45

The veteran tree “multi-stemmed willow”, shown as tree T80 on Tree Removal and Protection Plan 9 of 12 (320-1000-P-AB09) in Appendix D (tree removal and protection plan) to the environmental controls document, must be retained unless the Secretary of State gives consent for its removal.

ERC expansion areas

46

No construction work comprising authorised development in class 1 or class 2, other than preliminary work and site preparatory work, may be carried out in any part of the Order land that formed part of an ERC expansion area as identified on the version of the ERC plan that was submitted to the Secretary of State on 26th June 2025, unless—

(a) the Secretary of State has endorsed a masterplan or detailed design that relates to that class 1 or 2 authorised development, and

(b) in respect of each premises in that part of the Order land a material change in use has taken place as referred to in article 4(2)(b) (grant of planning permission).

Means of enclosure with a height of more than 5.4 metres AGL

47

No fence, gate comprised in a fence, bund or similar structure, or any other means of enclosure which has a height exceeding 5.4 metres AGL, and details of which are not included in an endorsed masterplan or detailed design, may be constructed unless—

(a) the site controller has submitted to the Secretary of State for approval—

(i) an OS plan showing the location of the structure on the Order land;

(ii) drawings showing its elevations, and

(b) the Secretary of State has endorsed that plan and those drawings.

Battery energy storage system

48

(1) No authorised work comprising a battery energy storage system (“BESS”) may have a capacity of more than 10 megavolt-amperes.

(2) Any such authorised work must—

(a) be located at least 25 metres from—

(i) any building or structure used by persons other than those responsible for its operation or maintenance, and

(ii) the boundary of the Order land.

(b) be separated from any specified habitat or riparian protection zone by at least 10 metres;

(c) be sealed, with an impermeable base or layer beneath the battery unit compound and a drainage system that prevents the discharge of polluted water to bodies of groundwater or watercourses or other bodies of surface water;

(d) have sufficient capacity to accommodate the storage of contaminated fire water in the event of a fire;

(e) have an automated valve or penstock to contain any contaminated fire water;

(f) be located and designed so as to ensure that—

(i) access at the location enables firefighters to operate unimpeded;

(ii) the air flow to, or exhaust from, the BESS and its components is not obstructed or inhibited;

(g) have an explosion control or other system to address deflagration hazards.

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The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025

Landscape and ecology management plans

9

Dark corridors for bats

10

Part 4 — Construction work: general management

Time when development must be begun

11

Construction environmental management plan

12

Mass grading

13

Land remediation

14

Archaeological mitigation

15

Construction traffic management scheme

16

Broadmead Road

17

Broadmead Road level crossing

18

Part 5 — Temporary accommodation for construction workers

Interpretation of Part 5

19

Accommodation monitoring reports

20

Exceedances and accommodation management plans

21

Construction worker accommodation

22

Part 6 — Height controls

Height controls: general

23

Height controls to secure an articulated skyline

24

Part 7 — Approval of masterplans and detailed designs

Interpretation of Part 7

25

Requirement for masterplan or detailed design approval

26

Masterplans

27

Detailed designs: class 3 and class 6 authorised works

28

Detailed designs: other classes of authorised works

29

Lake Zone (proximity to liquefied natural gas facility)

30

Part 8 — Reference design standards

Reference design standards applicable to all parts of the Order land

31

Reference design standards applicable only to the Core Zone

32

Reference design standards applicable only to the East Gateway Zone

33

Reference design standards applicable only to the Lake Zone

34

Part 9 — Location of certain authorised works

Primary access points

35

Entertainment resort complex

36

Transport related development

37

Petrol filling or service station

38

Camp sites

39

Conference and convention facilities

40

Sports venues with outdoor playing fields

41

Class 4 authorised works

42

Part 10 — Authorised works and authorised development: other specific restrictions and requirements

Impact of authorised works on natural light in certain dwellings

43

Kempston Hardwick moated site

44