second statement of common ground - planning …...1 draft 1 introduction 1.1 purpose of this...

Appendix A Statement of Common Ground (LBS Mark Up of TW draft dated 20 December 2013)

DCO-DT-000-ZZZZZ-070200 |December 2013

Second Statement of

Common Ground

London Borough of Southwark Chambers Wharf Shad Thames Pumping Station Earl Pumping Station Blackfriars Bridge Foreshore

For submission on 13 January 2013

Draft Dated 20 December 2013 with track changes made by London Borough of Southwark for submission on 13 January 2014

State of Agreement

Date sent to stakeholder

Comments received

Confirmation

Second SoCG

London Borough of Southwark

i DRAFT

Project name: Thames Tideway Tunnel

Draft Statement of Common Ground

in relation to the application for development consent for

the project

Between

1. Thames Water Utilities Limited

2. London Borough of Southwark

Dated: [x] 2013]

Signatures:

London Borough of Southwark: Signed:

Name:

Position:

Date:

Thames Water:

Signed:

Name: Phil Stride

Position: Head of Thames Tideway

Tunnels

Date:

Second SoCG


ii DRAFT

List of contents

Page number

1 Introduction....................................................................................................... 1

1.1 Purpose of this document ........................................................................ 1

1.2 Structure of this document ....................................................................... 1

1.3 Site descriptions....................................................................................... 2

2 General matters ................................................................................................ 3

2.1 Project description ................................................................................... 3

2.2 Development consent process................................................................. 4

2.3 Need for the project ................................................................................. 4

2.4 Support for the project ............................................................................. 5

2.5 Consultation............................................................................................. 5

3 Areas of agreement and disagreement .......................................................... 7

3.1 Overview.................................................................................................. 7

3.2 Draft DCO, Requirements, Protective provisions, Mitigation, Discharge and enforcement..................................................................... 7

3.3 Noise and vibration .................................................................................. 9

3.4 Air quality and odour .............................................................................. 13

3.5 Adequacy of environmental information................................................. 14

3.6 Code of Construction Practice ............................................................... 16

3.7 Traffic and transportation ....................................................................... 17

3.8 Design, landscape and visual issues ..................................................... 19

3.9 Socio-economic impacts ........................................................................ 21

3.10 Community matters................................................................................ 22

3.11 Property ................................................................................................. 24

3.12 Asset protection ..................................................................................... 24

3.13 Planning obligations (Section 106 agreements)..................................... 25

3.14 Legislative framework and policy ........................................................... 25

4 Summary of outstanding matters ................................................................. 27

Appendix A : Draft DCO Requirements................................................................ 67

Appendix B : TWUL response to LB Southwark’s proposed DCO Requirements.................................................................................................. 79

Appendix C : Revised Design Principles - comparite December 2013.............. 98

Appendix D : Relevant local planning policies.................................................... 99

Appendix E : TWUL response to LB Southwark’s proposed s106 obligations ............................................................ Error! Bookmark not defined.

Second SoCG


iii DRAFT

List of tables

Page number

Table 4.1 General matters still to be agreed between TWUL and LB Southwark ................................................................................................ 27

Table 4.2 Site specific matters to be agreed between LB Southwark and TWUL....................................................................................................... 29

1 Introduction

Second SoCG


1 DRAFT

1 Introduction

1.1 Purpose of this document

1.1.1 The purpose of this Statement of Common Ground (SoCG) is to define the areas of agreement between parties and thus allow the evidence presented during the Examination to focus on the material differences between the promoter and stakeholders.

1.1.2 This SoCG primarily sets out matters relating to sites at Chambers Wharf and Shad Thames Pumping Station. The parties to this SoCG are parties (Thames Water Utilities Limited or an equivalent delivery body (TWUL) and the London Borough of Southwark (LB Southwark).This SoCG also includes references to the sites at Blackfriars Bridge Foreshore within the City of London and Earl Pumping Station within the LB Lewisham, which impact on Southwark.

1.1.3 This SoCG is the fourth draft for discussion, seeking agreement on matters arising from the application.

1.2 Structure of this document

1.2.1 Section 2 of this document sets out the ‘General matters’ and comprises a brief description of the project, the DCO process, support for the project, and a summary of consultation (including a summary of LB Southwark’s Adequacy of Consultation response, relevant representation and targeted engagement).

1.2.2 Section 3 ‘Areas of agreement and disagreement’ sets out the matters which are considered agreed or not agreed between TWUL and LB Southwark.

1.2.3 Section 4 summarises the outstanding matters between TWUL and LB Southwark.

1.2.4 The appendices are included in this version of the SoCG to assist LB Southwark with its comments on the document. The intention is that the final version will not include these appendices, instead, the main body of the SoCG will identify what is and is not agreed and will refer to source documents for comments if necessary.

1.2.5 Appendix G sets out the TWUL’s revised draft DCO Requirements.

1.2.6 Appendix H sets out TWUL’s response to LB Southwark’s proposed DCO Requirements.

1.2.7 Appendix G sets out TWUL’s revised design principles.

1.2.8 Appendix H provides a Planning Policy SoCG table, as requested by the Planning Inspectorate in the first written questions received on 26 September 2013.

Deleted: recent

Deleted: the

1 Introduction

Second SoCG


2 DRAFT

1.2.9 Error! Reference source not found. sets out TWUL’s response to LB Southwark’s proposed section 106 obligations.

1.3 Site descriptions

Chambers Wharf

1.3.1 Chambers Wharf is in the London Borough of Southwark, in Riverside Ward, the site lies to the north of the borough adjacent to the River Thames. The site comprises previously developed land that has now been predominantly cleared, an area of the tidal Thames foreshore and areas of highway. The site is rectangular in shape and includes an existing concrete wharf on concrete piles that extends into the foreshore. An associated timber ‘dolphin’ structure is located in the river to the east of the wharf. A more detailed description of the site, including a description of its surroundings, and a summary of the relevant planning history, is set out in paragraphs 3.1.1 to 3.2.2 of the LBS Local Impact Report submitted on 4th November 2013.

Shad Thames Pumping Station

1.3.2 The site itself comprises TWUL’s operational Shad Thames Pumping Station, fronting onto Maguire Street and includes the road extending to the Gainsford Street intersection. To the rear of the pumping station building is a narrow yard which contains a number of ancillary buildings, including a three-storey facilities building which formerly accommodated the site superintendent and offices at its north end. A more detailed description of the site, including its surroundings, is set out in paragraphs 5.1.1 to 5.1.2 of the LBS Local Impact Report submitted on 4th November 2013.

Earl Pumping Station

1.3.3 The site itself comprises TWUL operational Earl Pumping Station, which dates from the late 1940s, at the northern end of the site and four adjacent plots of industrial land at the southern end as well as areas of the highway. Earl Pumping Station is located to the south of the administrative boundary with the London Borough of Lewisham. A more detailed description of the site, including its surroundings, is provided in paragraphs 4.1.1 to 4.1.2 of the LBS Local Impact Report submitted on 4th November 2013.

Blackfriars Bridge Foreshore

1.3.4 The site comprises two sections of the foreshore of the River Thames: the main site extends from Temple Stairs to Blackfriars Rail Bridge and the secondary site lies between Blackfriars Rail Bridge and the City of London School. The site also includes sections of the Blackfriars Bridge westbound off-ramp and areas of the pavement along Victoria Embankment Paul’s Walk. Blackfriars Bridge Foreshore is located in the City of London on the north bank. The LB Southwark is located opposite on the south bank.

Formatted: Font: 11 pt,Superscript



Deleted:

Deleted:

Deleted: <#>A more detailed description of the sites is provided in Appendix R, S, Q and U of the Planning Statement (Doc ref 7.01) submitted with the application.¶

2 General matters

Second SoCG


3 DRAFT

2 General matters

2.1 Project description

2.1.1 The ‘project’ comprises a wastewater storage and transfer tunnel between TWUL’s operational sites at Acton Storm Tanks and Abbey Mills Pumping Station. The tunnel would intercept identified combined sewer overflows (CSOs) that frequently discharge into the tidal reaches of the River Thames. The flows of combined sewage (raw sewage mixed with rainwater) discharged from those CSOs would be captured, stored and pumped out for treatment at Beckton Sewage Treatment Works. TWUL propose that a total of 24 sites in London are required to construct and operate the project.

2.1.2 By virtue of its location, purpose and storage capacity, the project constitutes a Nationally Significant Infrastructure Project (NSIP), under Sections 14(1)(o) and 29(1A) of the Planning Act 2008 (the ‘2008 Act’) plus associated development (as defined in Section 115(2) of the 2008 Act).

2.1.3 In accordance with the 2008 Act, TWUL has made an application for development consent (the ‘application’) seeking the consent and powers necessary for the construction, operation and maintenance of the project.

Chambers Wharf

2.1.4 TWUL propose that Chambers Wharf would function as a main tunnel reception and drive site and as a reception site for the Greenwich connection tunnel which intercepts CSOs at Greenwich Pumping Station, Deptford Church Street and Earl Pumping Station. The proposals at Chambers Wharf comprise the construction of a main tunnel shaft with an internal diameter of approximately 25m and depth of approximately 57m. These works include construction of a cofferdam along the length of the river foreshore, demolition of the existing jetty and river wall, construction of a new river wall, demolition of existing underground structures and ground preparation works. LBS does not consider that that Chambers Wharf is required or suitable for use as a main tunnel drive site. The tunnel should be driven from Abbey Mills as set out in LBS written and oral representations.


2.1.5 The proposed structures and works at Shad Thames Pumping Station have been included in the application as ‘associated development’ and comprise the demolition of the existing three storey facilities building and boundary wall and construction of new electrical switchgear and facilities buildings including a new ventilation column. Works also include modifications to existing sewers and the provision of new pumping main within Maguire Street and Gainsford Street.

Deleted: A

2 General matters

Second SoCG


4 DRAFT


2.1.6 The proposed works at Earl Pumping Station would intercept the Earl Pumping Station CSO. The works would convey the flows from the existing sewer to the new Greenwich connection tunnel which in turn connects to the main tunnel at Chambers Wharf. The work would require the construction of a CSO interception chamber, hydraulic structures (including chambers, culverts and pipes), ventilation structures and electrical and control equipment. Flows would be transferred from the relatively shallow depth of the Earl Pumping Station CSO to the deeper level of the Greenwich connection tunnel via a drop shaft approximately 51m deep. The shaft would be online of the connection tunnel.


2.1.7 The proposed development at Blackfriars Bridge Foreshore would intercept the Fleet Main CSO and connect to the Lower Level Sewer No. 1. The works would convey the flows from the CSO, which discharges through the existing river wall beneath the road bridge, and from the Lower Level Sewer No. 1, which runs beneath Victoria Embankment highway and the Blackfriars Bridge westbound off-ramp, to the main tunnel.

2.1.8 The full description of the proposed development can be found in Schedule 1 to the Draft DCO. Further discussion regarding the level of detail in the application is provided in Section 3.8.

2.2 Development consent process

2.2.1 This SoCG is in draft form, with track changes and comments inserted by LBS, and further discussions will take place between TWUL and LB Southwark in order to have an agreed SoCG to submit to the Examination Authority no later than 12 February 2014 in accordance with the Rule 8 letter issues on 26 September 2013.

2.2.2 Following meetings and discussions between TWUL and LB Southwark, this SoCG will set out the issues as accepted and agreed between the parties. It will also detail areas of difference where a determination is sought.

2.3 Need for the project

2.3.1 Section 14(1)(o) of the Planning Act 2008 provides that infrastructure for the transfer or storage of wastewater such as the project shall be an NSIP.

2.3.2 Section 2.6 of the NPS states that:“the examining authority and the decision maker should undertake any assessment of an application for the development of the Thames Tunnel1 on the basis that the national need for this infrastructure has been demonstrated”.

2 General matters

Second SoCG


5 DRAFT

2.4 Support for the project

2.4.1 LB Southwark has provided it’s in principle general support for the project. However, LBS considers that detailed element of the proposal are wholly unacceptable, including the use of Chambers Wharf as a drive site. The specific areas of main agreement and disagreement are set out in Section 4.

2.5 Consultation

Community consultation strategy and Statement of community consultation

2.5.1 In December 2009,TWUL published a draft Community consultation strategy (CCS), summarised in the form of a Statement of community consultation (SOCC), which set out the commitment and approach to consulting members of the public and local communities in the vicinity of the project. Consultation with LB Southwark on the SOCC and CCS was undertaken in December 2009 to March 2010, May 2010 to June 2010, and in June 2011 to July 2011.

2.5.2 LB Southwark provided an Adequacy of Consultation response on 14 March 2013. The following is an extract from the Planning Inspectorate’s Section 55 checklist in relation to LB Southwark’s Adequacy of Consultation response:

“S42 – acknowledges consultation under s42, but considers inadequate information was supplied. The applicant asserts that sufficient information was supplied (Consultation Report. Doc 5.1)

S47 – considers inadequate information was supplied. Considers that consultation was not carried out on the site selection methodology. Applicant asserts that consultation did include alternatives and presentation of options and that adequate information was supplied (Consultation Report, Doc 5.1).

S48 – consider that the applicant conducted s48 publicity after the consultation process. Suggest that the impression was given on the documentation that the scheme was finalised, and therefore this may have discouraged responses. The applicant addresses this point in paragraph 3.4.20 of the consultation Report (Doc 5.1).

In summary, LB Southwark considers that the consultation undertaken

was inadequate (as set out in the council’s detailed representations on the

adequacy of pre-application consultation dated 14 March 2013) and did

not fulfil the requirements of Section 42, 47 and 48 of the Planning Act

2008 and for these reasons it considered that the application should not be

accepted. The application was accepted by the Planning Inspectorate on

27 March 2013. In accepting the application, the Inspectorate noted that

the concerns raised by local authorities may nonetheless indicate issues

which have not been adequately addressed by the applicant and will be

important to the Secretary of State’s decision and therefore any

Formatted: Normal, Indent:Left: 2 cm, No bullets ornumbering

Formatted: Font: 12 pt, Italic,English (U.K.)

Formatted: Font: 12 pt, Italic,English (U.K.)

Deleted: ,

Deleted: however,

2 General matters

Second SoCG


6 DRAFT

examination of the application and ultimately whether to grant of refuse

development consent (Acceptance Inspector Summary of the S55

Acceptance Checklist dated 27th

March 2013).

Site selection methodology

2.5.3 The Site selection methodology paper and Site selection background technical paper were subject to two separate rounds of consultation with LB Southwark and other stakeholders:

a. Round 1: 12 weeks from autumn 2008 to winter 2009 – involving initial, general consultation on the documents, leading to a number of changes to the methodology prior to its application.

b. Round 2: four weeks from spring 2009 – further consultation focusing on changes resulting from the first round of consultation, leading to additional changes to the methodology; both papers were finalised, distributed to consultees and published in May 2009.

2.5.4 LB Southwark have raised a number of concerns regarding the site selection methodology. These are set out in their phase one consultation response, submitted to TWUL on 12 January 2011 and their Section 48 publicity response submitted to TWUL on 5 October 2012. Concern was raised regarding the adequacy of information provided to the local authority (LA) and residents in relation to site selection and that the lack of appropriate information during the pre-application stages has resulted in a flawed and inadequate consultation. This was reiterated throughout LB Southwark’s submissions including its relevant representation and its Written Representation submitted on the 4 November 2013. LB Southwark remain unsatisfied that the site selection process followed by TWUL has been justified, transparent or consistent.

Formatted: Font: 12 pt,English (U.K.), Superscript

Comment [s1]: Not relevant to consultation and inaccurate.

Deleted: The Council’s Local Impact Report (LIR) and Written Representation submitted to the Examining Authority on 4 November 2013 provide the most up to date statement of the council’s position of the proposed TTT works in the borough. ¶The LIR considers the Environmental Impact Assessment that was undertaken as part of the application for development consent, Section 106 obligations, DCO Requirements and theCode of Construction Practice whereas the Written Representation considers broader matters including strategic environmental assessment, alternative sites and drive strategy, the DCO, and impacts on the proposed sites. ¶On 9 December 2013, TWUL provided stakeholders with revised versions of the draft DCO, the Code of Construction Practice (CoCP) Parts A and B. These versions address the matters raised and considered at the Issue Specific Hearings held on 14 and 15 November 2013 and the comments received in the Local Impact Reports and written representation submitted on 4 November 2013. The next version of these documents will be submitted on 13 January 2014 at the same time as this SoCG.

Deleted: ¶

3 Areas of agreement and disagreement

Second SoCG


7 DRAFT


3.1 Overview

3.1.1 The following broad areas sought agreement on are as set out below. Section 4 details general matters and site specific matters along with the current position from both parties. Discussions are on-going between LB Southwark and TWUL to agree these matters where possible:

a. Site selection methodology and identification and assessment of alternative tunnel routes and work sites

b. Inadequate strategic environmental assessment

c. The powers taken in the Draft DCO (particularly those which disapply LB Southwark’s standard statutory powers as local planning and highways authority) and content and adequacy of proposed Requirements, Design principles, CoCP and Section 106 planning obligations

d. Proposed mitigation and scoping of EIA for system modification site, Shad Thames Pumping Station

e. Use of Chambers Wharf as a main tunnel drive site and impacts associated with the construction works on the surrounding area and adequacy of proposed mitigation.

f. Suitability of mitigation proposed for Earl Pumping Station (within London Borough of Lewisham [LB Lewisham]) and Blackfriars Bridge (within the City of London [CoL]).

3.2 Draft DCO, Requirements, Protective provisions, Mitigation, Discharge and enforcement

Draft DCO

3.2.1 LB Southwark was consulted on the content of the Draft DCO in several meetings and in writing on 17 October 2012. The consents proposed for inclusion in the Draft DCO were set out in the schedule provided to LB Southwark on 17 October 2013 for review and comment. There are no consents within the Draft DCO for which TWUL requires LB Southwark’s consent to include, although the Order removes a number of powers of consent that would otherwise sit with the LB Southwark.

3.2.2 The council has provided comments on the draft DCO in its relevant representation, written representation, the council’s response to the ExA first written questions and at the Issue Specific Hearings. TWUL have continued to refine and amend the Draft DCO in light of the comments received. An amended Draft DCO was issued for comment on 9 December 2013 and LBS provided

Deleted: properties

Deleted:

Deleted: T

Deleted: included a number of comments on the draft DCO

Deleted: We

Deleted: and have taken all of the comments into account.

Deleted: These are reflected in the


Second SoCG


8 DRAFT

TWUL with detailed comments in a mark-up of this document on 20th December 2013 (this has also been included in LBS’s written submissions to the ExA on 13th January 2014.

Requirements

3.2.3 The proposed draft Requirements are provided in Schedule 3 of the Draft DCO. Revised Requirements were included in the revised draft DCO issued by TWUL to stakeholders on 9 December 2013.

3.2.4 Appendix E contains the project-wide and relevant site-specific requirements (as issued 9 December 2013). A TWUL response to LB Southwark’s requested requirements in its LIR is provided in Appendix F. This was received by LBS for the first time on 20 December 2013. LBS provided TWUL with its amended version of the project wide and the site specific requirements for Chambers Wharf on 20th December 2013. These were also included in LBS’s written submissions to the ExA on 13th January 2014. Further comments will be provided shortly to TWUL on the proposed site specific requirements for Shad Thames and Earl Pumping Station. LBS will also consider TWUL's responses on the draft Requirements dated 20 December 2013 in advance of the DCO hearings on 20 January 2014. All discussions on requirements are without prejudice to LB Southwark's position that the impacts of using Chambers Wharf as a drive site cannot be adequately mitigated, and proceed to provide a basis for the requirements if the ExA does not agree with LBS position.

Protective provisions

3.2.5 There are no protective provisions relevant to the sites within LB Southwark.

Mitigation measures

3.2.6 The mitigation measures proposed by the TTT project are contained within the following documents which are secured through the DCO Requirements:

a. The Code of Construction Practice (CoCP) (Doc ref. 7.19)

b. Design Principles (Doc Ref. 7.7)

c. Transport Strategy (Doc Ref. 7.09)

d. Air Management Plan (Doc ref. 7.14)

e. Excavated Waste and Materials Strategy (Doc Ref. 6.2.0.3, Appendix A.3) which is secured through requirement PW 13 and the Excavated material and waste commitments document (Doc ref. TBC)

f. Overarching Archaeological Written Scheme of Investigation(Doc Ref. 7.13)

g. Non-Statutory Compensation and Mitigation policies?

Formatted: Superscript


Deleted: a

Deleted: .

Comment [s2]: Where has LBS stated this?

Deleted: Without prejudice to the LB Southwark’s in-principle objection to the proposals at Chambers Wharf and Shad Thames PS as submitted with the application, the Draft DCO is now agreed, subject to any further comments from LB Southwark on the 9 December 2013 amended version.

Deleted: ¶

Deleted:

Deleted: .

Deleted: LB Southwark was consulted on the content of the draft Requirements on 17 October 2012. Initial comments on the draft project-wide Requirements were provided by the council on 5 September 2013. LB Southwark identified a number of project-wide and site specific Requirements in its LIR, submitted on 4 November 2013.

Deleted: primary

Deleted: at

Deleted: agreement

Deleted: 's

Deleted: Any areas of agreement and disagreement are sought from LB Southwark in relation to the DCO Requirements. ¶

Deleted: adopted


Second SoCG


9 DRAFT

3.2.7 LB Southwark has concerns regarding the adequacy of mitigation proposed in the application. LBS also considers that impacts at Chambers Wharf as a drive site are incapable of being properly mitigated. The council provided comments regarding mitigation, requested requirements and section 106 obligations in their LIR and Written Representation, further written submissions and at the Issue Specific Hearings.

3.2.8 TWUL has provided a response to London Borough of Southwark Local Impact Report (doc ref: APP30.09) and Response to issue specific hearing and written representation (doc ref: APP31.02) , and has included project commitments to provide additional mitigation at Chambers Wharf through the CoCP Part B and non-statutory compensation policies. TWUL issued a response to LB Southwark on 10 December 2013, regarding the councils requested section 106 obligations, whereby TWUL commit to providing a number of the councils requested measures. Refer to Section 3.6 for a discussion on the CoCP and Section 3.13 for s106 obligations. These matters are yet to be agreed and further information is required by LBS on several matters. Discussions are on-going between TWUL and LBS.

Discharge of requirements and enforcement

3.2.9 It is anticipated that requirements would be discharged and enforced by LB Southwark. TWUL proposed that the final approval of details at Chambers Wharf and Shad Thames PS pursuant to Requirements CHAWF2, CHAWF3, CHAWF4, CHAWF7, CHAWF9, CHAWF10, CHAWF11, CHAWF12, CHAWF13, SHTPS2, SHTPS3, SHTPS4, SHTPS5, SHTPS6, SHTPS7(refer to Schedule 3 of the Draft DCO) shall rest with LB Southwark in accordance with Schedule 17 to the Draft DCO. LBS will also be consulted on details pursuant to several requirements at Earl Pumping Station and Blackfriars Bridge Foreshore. TWUL considers that the level of detail is appropriate in relation to relevant planning considerations. LBS disagrees and requires final approval of details on matters wider than the Requirements referred to above by TWUL.

3.2.10 A fee schedule is proposed by TWUL in Schedule 17 of the draft DCO which covers payment for applications to discharge requirements. TWUL agrees in principle to assist local authorities cover agreed, reasonable and proportionate costs/resources relating to pre-application discussions for discharging requirements.

3.3 Noise and vibration

3.3.1 Noise and vibration effects are assessed in the Environmental Statement under Section 9 of the relevant site volumes.

3.3.2 The CoCP Part A (Section 6.4) specifies the use of best practicable means to reduce noise and vibration effects at all sites across the project. The CoCP Part B (Section 6 of each chapter) provides a

Deleted: .

Deleted: ’s

Deleted: R

Deleted: addresses issues raised by LB Southwark

Deleted: s

Deleted: .

Deleted:

Deleted: T

Deleted: set out

Comment [s3]: A definition for this needs to be provided.


Second SoCG


10 DRAFT

range of site specific requirements to control and limit potential noise and vibration effects. LBS has provided comments on these documents to TWUL on 20th December 2013 and has also provided these in its written submissions to the ExA on 13th January 2014.

3.3.3 Comments are provided by LB Southwark in its LIR, Written Representation, further written submissions and oral evidence at the Issue Specific Hearings in relation to specific areas of concern relating to the noise and vibration assessment at the proposed sites. A meeting was held on 16 December 2013 to discuss matters agreed and not agreed in relation to baseline, assessment methodology and impacts at Chambers Wharf and Shad Thames PS. The following sections details the areas of agreement, disagreement and matters for further discussion.

Noise baseline data

3.3.4 The following matters are agreed:

a. The Temple Group (Temple) has undertaken baseline monitoring around Axis Court. The measured levels in the evening are understood to be consistent with Arup and levels at night are higher than Arup.

b. It was noted that as set out in TWUL submissions of 2 December 2013, the measured baseline for consented residential development on Chambers Street is higher than that measured by Arup.

c. Parties to consider TWUL’s 2 December 2013 submission to the ExA, and further detail to be provided, detailing the project’s commitment to a range of further mitigation.

d. Therefore, baseline data used in the assessment at Chambers Wharf is not objected to, save as below.

3.3.5 The following matters are identified for further discussion:

a. Query raised by LBS in relation to baseline at Downings Moorings. TWUL noted and committed to undertake further measurements, which will need to be completed and circulated to interested parties. The assessment will be updated as required.

b. Temple baseline measurements at Axis Court during the day are lower than Arup. Temple to circulate data to facilitate further discussion.

c. LBS require that TTT commits to the contractor undertaking further, long-term, baseline monitoring around the CW site to confirm the baseline prior to commencement of construction.

Matters not agreed:

Note that these are only matters that were specifically discussed and not

agreed on the day, and that there are various other detailed items under the

relevant headings that are still to be agreed.



Formatted: Font: 11 pt

Formatted: Indent: Left: 2.54cm

Deleted: and

Deleted: are

Deleted: Thames Tideway Tunnel (TTT)

Deleted: TTT

Deleted: TT

Deleted: are keen


Second SoCG


11 DRAFT

The Temple baseline shows that the baseline is more variable than indicated

in the ES and there are sensitive receptors that were not adequately covered.

EIA methodology

3.3.6 The following matters are agreed:

a. Whilst it was not the preferred method of LBS, it is accepted that there is no basis for challenging, in principle, the base ABC method assessment from BS5228:1997 used in the ES as it has successful precedence from other major London infrastructure projects.

b. The extension of the ABC method is not however, accepted by LBS. Using this method appears to have under estimated the noise impacts on the adjacent residential properties and underestimates the number and distribution of premises likely to be affected by airborne noise.

The other recent large scale tunnelling project currently underway in London is Cross Rail. The ES for this scheme (Cross Rail) considered construction noise to be significant if the totol noise exceeds the pre existing ambient noise by 5dB or more, assessed in accordance with the core time and averaging periods adopted for the NI and TRH scheme (subject to lower limits of 65, 55 and 45 dBA in the day, evening and night periods respectively) from paragraph E.3.3 of BS 5228:2009. Using this method the number and distribution of premises significantly affected by airborne noise

increases substantially.

c. It was accepted that total noise insulation and temporary re-housing trigger values are consistent with those from other major projects and BS5228-1. It was accepted that in currently noisy environments where the existing ambient noise level is equal to or greater than the total trigger value, then the TTT application of a 3dB change to trigger insulation is more generous than the Crossrail or BS use of 5dB change. It is agreed that there is no precedence for noise insulation being triggered by a 5dB increase in noise alone at lower levels of existing ambient noise.

Proposals for Trigger Action Plans (TAPs) were noted but .the detail will be crucial to how these operate in practice. The qualifying criteria for mitigation under the proposed TAPs have not yet been released nor the relationship to

the significance of effects in the ES fully explained.

d. The ‘Not Environmentally Worse Than’ (NEWT) commitment made in the TTT 2 December submission was noted and welcomed by LBS though this does not mean that adverse impacts will be prevented upon the surrounding area.

3.3.7 The following matters are identified for further discussion:

a. List of properties that will be offered a TAP is important.

Formatted: Numbered para

Formatted: Font color: Auto


Formatted: Indent: Left: 2.75cm, No bullets or numbering







Deleted: I

Deleted: : considering the sound insulation of buildings and therefore considering indoor noise levels against relevant standards was accepted in-principle save for Save Your Riverside’s (SYR) point below

Deleted: .

Deleted: used the + 5 dBA change in noise level

Deleted: generally positively received

Deleted: further detail is awaited

Deleted: .


Second SoCG


12 DRAFT

b. LBS note that the extension of the ABC method to consider internal daytime noise levels is based on windows having to be kept closed at higher levels of noise and that this is an adverse effect (not acoustic) on people, especially those in single aspect apartments. Arup noted that this is however no different than the accepted norm for assessing / controlling daytime construction noise over the last 30 years or more.

c. LBS requested that TAPs need to include specific commitments to mitigation and that these need to be available for receptors such as Riverside School before the end of the Examination period. TTT noted and agreed.

d. TTT to define how the ‘baseline’ for the NEWT commitment will be reduced to reflect the further mitigation and hence reduction in adverse effects since the ES was published.

e. LBS noted that noise insulation can be triggered with durations shorter than the one month duration necessary for significance to occur. Since insulation is a measure for mitigation of significant effects, this means either the one month or the ten-out-of-fifteen days is wrong.

LBS would like TTT to consider: The current criteria should be changed to :-

The predicted or measured noise level exceeds the noise trigger level for

sound insulation [re-housing] at the property during at least three days out

of any period of seven days or at least ten days out of any period of fifteen

days or alternatively during 40 days in any 6 month period.

and the a new groundborne noise criteria to be inserted within the Noise

Insulation and Re - Housing Policy

"Construction Groundborne Noise Criteria for Temporary Rehousing

A building will be eligible where the structure - borne noise due to

construction of the railway measured or predicted at a representative point

within the building exceeds the following criteria

40 dB LA MAX S between 19:00 - 07:00

or

45 dB LA MAX S between 07:00 - 19:00

and / or

vibration limit of 1.0 mm.s-1

PPV

for a period of 10 or more days in any 15 consecutive periods between

07:00 - 19:00 or a period of 3 or more periods between 19:00 - 07:00 hours

of working in any 7 consecutive period of 19:00 - 07:00 hours or for a total

of periods exceeding 40 in any six consecutive months."

3.3.8 The following matters are not agreed:

a) LBS consider that maximum noise levels (for single events) should

be used in conjunction with the LAeq,t for the night-time noise

assessment. Arup advised that only night-time works are essential

surface support for tunnelling and these are continuous and regular

Formatted: List alpha, Outlinenumbered + Level: 4 +Numbering Style: a, b, c, … +Start at: 1 + Alignment: Left +Aligned at: 2 cm + Tab after: 2.75 cm + Indent at: 2.75 cm







Formatted





Formatted

Formatted




Formatted

Formatted: Bullets andNumbering




Formatted












Formatted

Deleted: SYR

Deleted: d

Deleted: SYR asked

Deleted: ¶

Deleted: <#>¶

Deleted: Temple

... [4]

... [5]

... [6]

... [3]

... [7]

... [1]

... [8]

... [2]


Second SoCG


13 DRAFT

activities and hence there is no precedence for needing to use max

levels at night. . It is not agreed that there is no justification for not

using the LAmax noise index; the reality of site activity suggests

that the claim that all the night time activities will be “continuous

and regular” is over optimistic and is not supported by any

evidence as to what the actual works are likely to be or

demonstration that the LAmax from such activities will be the

similar to the LAeq.t. A “Rochdale envelope” type approach to the

ES, would suggest that an LAmax based assessment of any night

time activity, whether continuous and steady or not, should be

carried out in order to present a “worst case” appraisal as

recommended by the IPC Advice note nine: Rochdale Envelope

(Feb 2011).

b) LBS disagree with significant effects noise thresholds. 1dB should be used to represent the onset of potential significant effects, based on the DMRB magnitude criteria for short-term effects. In terms of a perceptible change this also reflects the significant change in vehicle composition (greater HGV%).

3.3.9 TWUL’s Response to issue specific hearing and written representation (Doc.Ref: APP31.02) proposes a number of additional mitigation measures for Chambers Wharf. Areas of agreement and disagreement are sought from LB Southwark regarding the revised noise and vibration assessment and additional mitigation proposed in TWUL’s response (Doc Ref: APP31.02). Revised non-statutory compensation policies will be issued to local authorities for comment in early January 2014.

3.3.10 These matters are captured in Table 4.2 Site specific matters to be agreed between LB Southwark and TWUL. LB Southwark will also wish to consider the detailed information on noise and vibration assessment to be supplied by TWUL in response to the ExA's second written questions on 13 January, as it interacts with the mitigation and compensation policies also due to be issued on 13 January.

3.4 Air quality and odour

3.4.1 Air quality and odour effects are assessed in the Environmental Statement under Section4 of the relevant site volumes.

3.4.2 The CoCP Part A (Section 7) specifies a number measures to control and limit effects on air quality and odour at all sites across the project. The CoCP Part B (Section 7 of each chapter) provides site specific requirements to control and limit potential air quality effects.

3.4.3 Comments are provided by LB Southwark in its LIR and Written Representation in relation to specific areas of concern relating to the assessment of air quality and odour. LBS has also provided comments on the proposed draft requirements and the CoCP (A &








Deleted: BV

Deleted: <#> suggested that the DMRB ‘short term’, 1dB noise change criterion should be used to indicate a significant effect. Arup noted that this is an impact criterion and not a significant effect threshold.¶


Second SoCG


14 DRAFT

B) in relation to air quality and odour. Section 4 set out the site specific matters to be agreed.

3.5 Adequacy of environmental information

Environmental Impact Assessment

Scope of the Environmental Impact Assessment

3.5.1 An EIA Scoping Report was submitted to LB Southwark on 10 March 2011. The report provided an overview of the project, the extent of the scoping that had been undertaken,proposed assessment methodologies for the EIA and proposed structure of the Environmental Statement.

3.5.2 A Scoping Opinion provided to TWUL by LB Southwark on 21 July 2011 regarding the application agreed the following:

a. LB Southwark has previously expressed support for the overall objectives of the project but objected to the work sites proposed at King’s Stairs Gardens and Druid Street.

b. In the LB Southwark area it is proposed to drop consideration of ecological impact during construction at Druid Street and that there would be no significant impacts on either site for historic environment, land quality or transport after completion of the works, in the operational phase. The council considered these likely environmental impacts and agreed with those identified to be scoped out.

c. LB Southwark did not agree that the identified list of topics werethe only environmental impacts that should be considered in the Environmental Statement and recommended the following impacts should be ‘scoped in’ at this stage for consideration in the Environmental Statement.

i the impact on the residential environment for adjoining and nearby residents and properties

ii the impact on the quality and provision of open space and play areas for the local communities in the local environment.

3.5.3 The Scoping Report was prepared before Shad Thames Pumping Station had been identified as a potential site. The scope for the EIA for this site was drawn on the scoping response received from LB Southwark for Chambers Wharf. It is noted that LB Southwark raised concern over whether the original scoping report is sufficient to cover the potential environmental impacts at Shad Thames Pumping Station.

3.5.4 In summary, following several suggested amendments to the assessment methodologies, survey locations and significance criteria, as outlined in the Scoping Opinion issued on 21 July 2011, the comments have been considered in the EIA and are addressed


Second SoCG


15 DRAFT

as relevant in the Environmental Statement. With the exception of the issues raised above, LB Southwark agreed on the proposed scope of the EIA for the project works and worksites.

Significant effects

3.5.5 The description of the likely significant effects of the development on the environment is agreed with the exception of those described in LB Southwark’s LIR and Written Representation and further written submissions Refer to Section 4 where these matters are detailed under site specific matters to be agreed.

Excavated material and waste

3.5.6 In its LIR, LB Southwark request further information on the final location of excavated material. A response is provided in TWUL’s Response to London Borough of Southwark Local Impact Report (Doc Ref: APP30.09).

3.5.7 The Excavated materials options assessment (EMOA) (Environmental Statement: Volume 3 Appendix A.4) identifies potential receptor site for the treatment, handling or use of the TTT project excavated material. The mechanisms for securing the waste strategy are currently under consideration and further comments will be provided by LBS when further detail are provided.

Historic environment

3.5.8 Additional information was submitted to the Planning Inspectorate on the 23 September 2013, to provide an overview of the continuing work undertaken with respect to archaeological evaluation since submission of the application. Discussions are on-going with the Historic Buildings and Monuments Commission for England (HBMCE) and the LB Southwark in relation to the scope of programme of archaeological evaluation. A range of materials has been produced and provided to these organisations to support this process.

3.5.9 The following additional information was submitted to the Planning Inspectorate on the 23 September 2013:

a. Information regarding Archaeological Evaluation [Doc ref. 9.10.02], 22 August 2013 and Appendices (Doc no: 100-RG-ENV-00000-000139):

i Appendix A: Archaeological Evaluation Framework

ii Appendix B: Borehole data for all sites

iii Appendix C: Proposed vibrocore locations at Albert Embankment Foreshore

iv Appendix D: Report of Abbey Mills historic environment site walk over survey

v Appendix E: Template for Site –specific Archaeological Written Schemes of Investigation

Deleted: .

Deleted: .


Second SoCG


16 DRAFT

3.5.10 TWUL are seeking to agree the approach to archaeological evaluation with LB Southwark as set out in the Archaeological Evaluation Framework.

3.5.11 Since the 4 November revision of the SoCG, we have met with LB Southwark and HBMCE on two occasions to discuss matters related to archaeology. On 18 November and again on 17 December (the latter specifically focussing on the methodology for archaeological evaluation on the foreshore parts of TTT sites). The meeting held on the 18 November concerned the template to be used for the Site Specific Archaeological Written Schemes of Investigation (SSAWSIs), a proposed first tranche of trial trenches, to include Chambers Wharf in early 2014, the approach to evaluation of ‘minor works’, the OAWSI and timeframes for evaluation. LB Southwark expressed support for undertaking trial trenches at Chambers Wharf and confirmed that it would not expect to see evaluation at Shad Thames PS.

3.5.12 At the meeting on 17 December, LB Southwark expressed support for the proposed approach to evaluation of the foreshore which will be undertaken through 2014.

3.6 Code of Construction Practice

3.6.1 The Code of Construction Practice: Part A[Doc ref 7.19.1]contains general project-wide requirements to be applied throughout construction to mitigate the potential impact of site activities. The CoCP Part B contains working methods specific to the Chambers Wharf and Shad Thames Pumping Station sites [Doc ref 7.19.2].Compliance with the CoCP Part A and Part B will be secured through Requirements PW 6, CHAWF1 and SHTPS1.

3.6.2 LB Southwark was consulted on the proposed construction activities and development of the CoCP during pre-application meetings, workshops and forums since 2010. LB Southwark provided a number of comments at various stages of the pre-application process and in general these have been reflected in the CoCP, however further details are still required by LBS about which discussions are on-going

3.6.3 LB Southwark provided initial comments on the CoCP Part B Chambers Wharf on 9 September 2013, which was discussed as part of a workshop attended by the TTT project team and Southwark officers on 6 September 2013.

3.6.4 LB Southwark provided CoCP Parts A and B in its response to the ExA’s First Written Questions, Written Representation and LIR submitted on the 4 November 2013. These generally proposed measures within the CoCP be made standalone Requirements. This is not agreed by TWUL. Compliance with the CoCP Part A is secured by PW6 and Part B by CHAWF1 and SHTPS1. TWUL consider this to be reasonable. The position of LBS remains that additional site specific requirements are needed in order to ensure

Deleted: they

Comment [s4]: To be verified

by Chris Constable

Deleted: .


Second SoCG


17 DRAFT

that the detail of several of the provisions in the CoCP are properly approved and secured.

3.6.5 TWUL issued revised CoCP Parts A and B to local authorities and stakeholders on the 9 December 2013 which sought to address matters raised and considered at the Issue Specific Hearing on 26 and 27 November and the various comments received in LB Southwark’s Written Representation and LIR.

3.6.6 In addition, LB Southwark is a party to the Inter-Borough comments on Part A of the draft CoCP to which the Requirements refer also submitted on the 4 November 2013. TWUL provided a response to the inter-borough comments on the CoCP Part A, submitted on 2 December 2013 (Doc ref: APP31.14).

3.6.7 LBS provided further detailed comments to TWUL on 20th December 2013 on the CoCP (parts A and B). These are included within LBS’s written submission to the ExA on 13th January 2014. Discussions are on-going between the parties on these matters. Further comments will also be provided on the CoCP B for Shad Thames and Earl Pumping Station.

3.7 Traffic and transportation

Transport assessment

3.7.1 The Transport assessment (TA) [Doc ref. 7.10] was submitted as part of the application for development consent.

3.7.2 In the lead up to submission of the application, the final draft TA was issued in tranches at end September and through October 2012. To enable all parties to identify the key issues, these were categorised by the TfL team according to a Red/Amber/Green (RAG) format. The findings of the review (including the issues classified according to the RAG format) were issued to TWUL and local highway authorities for discussion in a series of workshops held in November 2012 with TfL and the LHAs. The outcome of the November 2012 workshops enabled some of the principal issues identified to be addressed in the final application documents, submitted to the Planning Inspectorate (PINS) in February 2013.

3.7.3 Following acceptance of the application by PINS at the end of March 2013, the TfL team undertook a review of the submitted TA (the 'April 2013 review') to identify the changes incorporated in the submitted documents. The review did not seek to determine the appropriateness of any change or identify any additional issues arising. Using the findings of the April 2013 review as the starting point, a further series of transport workshops was held at the end of April 2013 with TWUL, officers from the LHAs, TfL and their consultant teams.

3.7.4 A summary of matters agreed and not agreed is included in LB Southwark’s LIR and Written Representation, submitted on 4



Deleted: ed

Deleted: many


Second SoCG


18 DRAFT

November 2013. Section 4 set out the site specific matters to be agreed.

Transport Strategy

3.7.5 The Transport Strategy (Doc Ref. 7.09) was submitted as part of the application for development consent. This section sets out the process by which Thames Water has sought to resolve outstanding issues relating to the Transport Strategy in preparing SoCG with TfL, PLA and local authorities potentially affected by the project.

3.7.6 Engagement between Thames Water and [stakeholder name] on the transport strategy goes back to early 2012.

3.7.7 All relevant London Boroughs, PLA and TfL were invited to attend three workshops on 20th February 2012, 20th March 2012 and 26th June 2012 to discuss the development of the Transport Strategy.

3.7.8 To discuss the development of the securing mechanism for the transport strategy, Thames Water invited all relevant Local Authorities, TfL, GLA and PLA to attend a number of workshops; these took place on 2 September 2013, 17 October 2013 and 2 December 2013. An individual meeting with LB Southwark and TWUL also took place on 25 November 2013, to try and resolve key issues.

3.7.9 Some stakeholders raised comments on TWUL’s proposals and these largely related to the following key areas:

a. Maximising the movement of materials by river

b. Clarification on the method for securing the transport strategy

c. Constitution of the Relevant Authority

d. Approval process and content of the Sustainable Freight Transport Plan

e. Approval process for operational derogations with short lead in periods

f. Exceptional circumstances review of the transport strategy.

3.7.10 To work towards resolving point f (section 3.7.9) on 6 December 2013, TWUL issued a background document on the Exceptional Circumstances Review of the Transport Strategy, which also included key targeted questions for stakeholders to respond to. LB Southwark provided a response to this document on 13 December 2013 setting out their position with regards to this mechanism. This is currently being reviewed by TWUL.

3.7.11 On 16 December 2013 a Draft Transport Strategy Summary was issued to all relevant Local Authorities, GLA, TfL and PLA. This document sets out the details of the proposed transport strategy and addresses matters raised in points ato e(section 3.7.9) and considered at the transport strategy workshops and the various comments TWUL received in local authority individual local impact


Second SoCG


19 DRAFT

reports and written representations, submitted on 4 November 2013.

3.7.12 LB Southwark has been requested by Thames Water to provide any comments and areas of agreement of on the Draft Transport Strategy Summary no later than 31 December 2013 and this was provided to TWUL by LBS on 20th December 2013.

3.7.13 Following responses to the Draft Transport Strategy Summary and the Exceptional Circumstances Review of the Transport Strategy, Thames Water intend to take into consideration comments in the preparation of the revised transport strategy document, which will supersede the Transport Strategy submitted as part of the application. An update is anticipated to be provided by Thames Water on 13 January 2013. Further meetings between the parties are on-going in respect of these matters.

Draft Project Framework Travel Plan

3.7.14 Further discussions are on-going regarding matters agreed and not agreed in relation to the Draft Framework Travel Plan (Doc ref: 7.11).

3.8 Design, landscape and visual issues

3.8.1 TWUL considers that the design of the permanent works at Chambers Wharf was carefully considered to ensure their appearance, scale and layout would appropriately integrate with the approved residential planning permission. TWUL considers that the design of the permanent above-ground structures allows sufficient space to route the Thames Path along the riverfront, as part of the approved residential scheme when implemented by the developer. Detailed design of the electrical and control kiosk and the signature ventilation columns, including external appearance and materials, would be for approval by LB Southwark, in accordance with Requirements CHAWF 2 and CHAWF 3. Site restoration, including details of proposed finished ground levels and temporary fences or other means of enclosure and interim landscaping would be for approval by the local authority under CHAWF13. Details of the landscaping for the site in connection with the approved residential development would be through the determination by LB Southwark of the conditions attached to any planning permission for the residential development.

3.8.2 TWUL considers that the scale of the proposed building to the rear of the Shad Thames Pumping Station building has been carefully controlled to manage potential impacts on the surrounding area. Detailed design of the permanent above-ground structures, including the external appearance and materials would be for approval by LB Southwark, in accordance with Requirement SHTPS 2.


Deleted: .

Deleted: Confirmation is sought from LB Southwark

Deleted: T

Deleted: the


Second SoCG


20 DRAFT

3.8.3 LB Southwark has raised concerns regarding visual impact of the construction works, as set out in its LIR and Written Representation, dated 4 November 2013, further written submissions and oral evidence at the Issue Specific Hearings Section 4 details the matters to be agreed between the parties.

Heritage Statement

3.8.4 LB Southwark identifies concerns with the assessment methodology for the Chambers Wharf site in the Heritage Statement for Chambers Wharf(Doc ref: 5.3), stating:

“Paragraph L6.6 of the Heritage Statement for Chambers Wharf states that no highly significant archaeology has been identified that would merit preservation in situ. Prehistoric stratigraphy (sites that have developed and preserved sequences of use over time) are highly significant and rare in London and have been preserved where they have been identified elsewhere in the north Southwark area, specifically field systems and settlement evidence within the Shad Thames area. The assessment methodology for the Chambers Wharf site is therefore flawed and should be updated with an archaeological evaluation of the area of the shaft to comply with the requirements of the National Policy Statement. The evaluation would consequently demonstrate whether this is a suitable site for the proposed works to comply with the National Policy Statement for Waste Water.”

3.8.5 This matter is captured in Table 4.2 Site specific matters to be agreed between LB Southwark and TWUL.

3.8.6 There are no other outstanding matters relating to the Heritage Statement at Chambers Wharf and Shad Thames PS.

Design principles

3.8.7 Design principles shall inform the development of the authorised works including through informing the scope, determination and development of proposals submitted to LB Southwark for approval by TWUL, pursuant to Requirements or Section 106 obligations. Refer to the Design principles [Doc ref 7.17], which accompanies the application.

3.8.8 LB Southwark was consulted on the design principles throughout the pre-application phase. An initial draft was issued to the council on 23 May 2012 and comments were received on 28 August 2012. A revised version incorporating comments were issued to the LB Southwark on 17 October 2012. The design principles were also discussed at pre-application meetings held on 17 April and 15 November 2012. The comments received were considered in developing the final Design principles document submitted as part of the application.

3.8.9 The design principles are agreed subject to any further comments from LB Southwark on the amended draft of the Design Principles sent on 19 December 2013.

Deleted: .


Second SoCG


21 DRAFT

Level of detail

3.8.10 The full description of the proposed development is provided in Schedule 1 to the Draft DCO. The plans for approval are contained in the Book of Plans [Doc ref 2.20 and 2.21] along with other plans showing the construction phasing and relevant permanent works plans.

3.8.11 The level of detail submitted for Chambers Wharf is illustrative save for the scale of above ground structures which are indicative. The proposals at Shad Thames Pumping Station are illustrative, save for the proposed elevations which are indicative. The proposed roof plan is for approval. LBS consider that further detail is required for approval of the site layout and structures for each phase of the construction process.

3.8.12 The final approval of details pursuant to a number of Requirements (refer to Section 3.2.9) shall rest with the LB Southwark in accordance with Schedule 17 to the Draft DCO. The measures to control the construction impacts from the activities on the site are primarily addressed in the CoCP and subsequent submissions of plans forming the site specific Construction Environmental Management Plan (CEMP). The CoCP will be required to be complied with by the DCO Requirements PW 6, SHTPS 1 and CHAWF 1. As such, TWUL considers that the level of detail is appropriate in relation to relevant planning considerations. This is not agreed by the council. LB Southwark considers that further detail of the construction phases needs to be provided as part of the development consent application.

3.8.13 LB Southwark has concerns about the level of detail provided in the application regarding construction site layouts. LB Southwark seeks the ability to approve design details in relation to the Chambers Wharf and Shad Thames PS sites. LB Southwark’s concerns are documented in the LIR and Written Representation, dated 4 November 2013. TWUL’s addresses these comments in the Response to London Borough of Southwark Local Impact Report (Doc Ref: APP30.09). Section 4 details the specific matters to be agreed between the parties.

3.9 Socio-economic impacts

Regeneration and housing delivery

3.9.1 TWUL considers that the project would not impact on regeneration of the area surrounding Chambers Wharf and Shad Thames Pumping Station. The proposed worksites do not fall within an identified opportunity area or area subject to a specific action plan under the Core Strategy.

3.9.2 TWUL considers that the Chambers Wharf permanent works were specially designed and positioned to ensure compatibility with the approved residential development. Construction has commenced on the site south of Chambers Street ,comprising a mix of

Deleted: T


Second SoCG


22 DRAFT

affordable and market housing, which would deliver approximately 180 units of the 587 units proposed on the site. The planning permission would be implemented in full upon completion of the TTT project.

3.9.3 The LB Southwark Core Strategy Strategic Policy 5 (Providing new homes) seeks provision of 24,450 new homes between 2011 and 2026. If approved, it is anticipated that the Thames Tideway Tunnel project would be complete by 2022/23. TWUL consider that The 407 proposed units to the north of Chambers Street comprise less than two per cent of the borough total required over the period 2011 to 2026, and these units could still be constructed towards the end of the plan period.

3.9.4 LB Southwark considers that the quality and amenity for existing housing stock would be unavoidably harmed by the proposals due to construction impacts and the project would result in a l delay to the construction of much needed homes within this part of the Borough.

3.9.5 TWUL considers there would be no impact on overall housing supply in the borough from the deferment of the latter phases of the residential development.

LBS has raised further objections to the wider socio-economic impacts of the proposals as set out in its Local Impact Report, Written Representation, further written submissions and oral evidence at the Issue Specific Hearings including matters relating to amenity impacts, impacts on groups with protected characteristics, day/sun light impacts, open space and the Thames Path. Employment

3.9.6 TWUL considers that the proposed works at Chambers Wharf and Shad Thames Pumping Station would not impact on businesses or the provision of employment at or around these sites.

3.9.7 LB Southwark considers that there would be impact on businesses and the provision of employment around these sites.

3.9.8 The LBS is also negotiating with TWUL the provisions in the draft s106 to ensure that if the ExA does not agree with LBS's submissions that the drive strategy should be reversed, employment procurement and provision reflects the council’s policies on this matter.

3.9.9

3.10 Community matters

Health and well-being

3.10.1 A Health Impact Assessment(Doc Ref: 7.12) was included in the application and representations on health matters have been provided by LB Southwark in its LIR and Written Representation

Deleted: deferring delivery of future stock wil

Deleted: mean that the nature and of the housing problem that the residential development and CSSP seek to address will have changed by the time TTT is operational and so they might no longer be adequate.

Deleted: ¶

Deleted: T

Deleted: comments


Second SoCG


23 DRAFT

dated 4 November 2013, further written submissions and oral evidence given at the Issue Specific Hearings TWUL’s has sought to address these representations in the Response to London Borough of Southwark Local Impact Report (Doc Ref: APP30.09).

3.10.2 Section 4 details the matters to be agreed between the parties.

Use and enjoyment of open space

3.10.3 . LBS considers that the proposals at Chambers Wharf will impact upon the open amenity space adjacent to the junction of Chambers Street and Bevington Street (Para 3.9.46 to 3.9.48 of the LIR).

Equalities impacts

3.10.4 An Equalities Impact Assessment (EqIA) (Doc Ref: 7.16) was included in the application. TWUL considers that no significant effects were identified on equalities groups as a result of the proposed works at Chambers Wharf and Shad Thames PS. And that equalities impacts would be limited to pedestrian diversions which would be appropriately managed during construction through the measures proposed in the CoCP Part A and Part B (Doc Ref: 7.9.1 and 7.9.2). LBS has made representations in its Local Impact Report (Para 3.9.29 to 3.9.39) and Written Representations concerning the impacts of the proposals upon groups with protected characteristics.

Amenity

3.10.5 The Environmental Statement (Volume 20: Section 10) considers likely effects as a result of the works at Chambers Wharf on the amenity of residents, local green space, nearby schools, the Thames Path and the National Cycle Route 4 (NCR4). A number of measures are identified by TWUL in the CoCP to manage potential effects on schools and other receptors. The ES does not identify any significant effects on local schools however some temporary construction effects are predicted on the amenity of some nearby residents. LBS does not agree and considers that much wider impacts would result than described in the ES. Compensation mechanisms are available for amenity related disturbance during the construction phase though LBS considers that insufficient detail has been provided and these mechanisms are no sufficient to overcome the overall impacts of the proposals upon the surrounding area.

3.10.6 LB Southwark considers it has not been demonstrated that Chambers Wharf is an acceptable site given its proximity to residential properties and schools, among other issues. Discussions are on-going between TWUL and LB Southwark in relation to the CoCP and Requirements. Further comments have been provided from LB Southwark in its LIR and Written Representation submitted on 4 November 2013, further written submissions and oral evidence at the Issues Specific Hearings.

Deleted: .

Deleted: ses

Deleted: comments

Deleted: It is agreed both parties that there would be no impacts to open space as a result of the works at Chambers Wharf or Shad Thames Pumping Station sites

Deleted: N

Deleted: E

Deleted: LB Southwark provided comments in its LIR and Written Representation dated 4 November 2013 in regards to the EqIA. TWUL’s addresses these comments in the Response to London Borough of Southwark Local Impact Report (Doc Ref: APP30.09). There are no outstanding equalities concerns. ¶

Deleted: .

Deleted: 3.


Second SoCG


24 DRAFT

3.10.7 The Environmental Statement (Volume 19: Section 10) states there is no potential for likely significant effects on socio-economics arising from the proposed works at Shad Thames Pumping Station. Any potential effects associated with disruption to local residential amenity, or from increased operational noise are covered by the air quality (Section 4) and noise and vibration (Section 9) assessments.

3.10.8 In addition, LB Southwark raise concern over potential effects on LB Southwark residents as a result of the works at Blackfriars Bridge Foreshore and Earl Pumping Station. Further comments have been provided by LB Southwark in its LIR and Written Representation.

3.10.9 Section 4 details the matters to be agreed between the parties.

3.11 Property

3.11.1 Under the terms of the Draft DCO, TWUL will acquire the subsoil parcels compulsorily by way of a general vesting declaration or other compulsory purchase notice powers.

3.11.2 It is likely that TWUL will undertake tunnelling first (under temporary powers of entry) and then acquire the freehold of the stratum in which the tunnel lies (including a protection zone around it). Both the initial entry and the vesting of the freehold will be done on appropriate notice.

3.11.3 Should any further interests in land be identified within the limits shown on the plans within the application, those interests in land would be acquired either by statutory vesting or other notice powers pursuant to the Draft DCO.

3.11.4 TWUL agrees to only permanently acquire the minimum area of land reasonably required for the project.

3.11.5 LB Southwark agrees that it was provided with all the necessary and appropriate information, including land plans, in order to fully understand and consider how its property interests are likely to be affected by the project.

3.12 Asset protection

Settlement and scour

3.12.1 No specific issues have been previously raised by LB Southwark in relation settlement. LBS is generally in agreement with the representations made by the Environment Agency on sites affecting Southwark. Further to representations made by others LBS wishes to ensure that no impacts will result from scour and deposition in relation to Downings Roads Moorings.

3.12.2 TWUL considers that any potential scour development during construction would be monitored and if relevant trigger levels are reached, appropriate protection measures would be provided.

Deleted:

Deleted: A


Second SoCG


25 DRAFT

Further details are provided in the Scour and Accretion Monitoring and Mitigation Plan for Temporary Works in the Foreshore (Environmental Statement, Volume 3 Appendix L4) and the updated assessment Detailed Scour Assessment – Chambers Wharf Foreshore, submitted to the Planning Inspectorate on 23 September 2013. TWUL response to the ExA first written questions in relation to Coastal/River change (3.1-3.7).

3.13 Planning obligations (Section 106 agreements)

3.13.1 Draft Heads of Terms were sent to LB Southwark on 15 January 2013 for comment. A revised version of the Draft Heads of Terms (HoTs) was sent to LB Southwark on 21 June 2013 which proposed planning obligations in respect of local skills, training and employment. Other than this the draft Heads of Terms included no other obligations relating to sites affecting Southwark.

3.13.2 LB Southwark provided updated HoTs in its LIR, dated 4 November 2013 and issued a redrafted 106 to TWUL on 1 November. TWUL issued a response to LB Southwark on 11 December 2013, committing to a number of LB Southwark’s proposed measures. The response is provided in Error! Reference source not found.. Discussions are on-going on these matters with the aim of getting agreement by 12th February 2014. All discussions on 106 obligations are without prejudice to LB Southwark's position that the impacts at Chambers Wharf cannot be adequately mitigated, and proceed to provide a basis for that document if the ExA does not agree with LBS's position.

3.14 Legislative framework and policy

3.14.1 The National Policy Statement for Waste Water (designated March 2012) (the ‘NPS’) sets out government policy for planning decisions on NSIPs for this type of infrastructure.

3.14.2 The NPS confirms the general project concept as the preferred solution to address the problem of discharges of untreated sewage from CSOs into the tidal Thames. It will be used by the decision maker as the primary basis for deciding the application.

3.14.3 A number of topics are identified in the NPS for which local policies may be a consideration in determining the application. These include local designations and policies in respect of designations in relation to land use and open space, ecology, landscape and heritage etc.

3.14.4 The local development plan comprises the London Plan (2011), London Borough of Southwark’s adopted Core Strategy (April 2012) and the Saved Southwark Plan (Unitary Development Plan) policies 2007. The policy designations relevant to the Chambers Wharf and Shad Thames Pumping Station sites are their inclusion within an archaeological priority zone, an air quality management area and within the Thames Policy Area. Shad Thames Pumping

Formatted: Font: 14 pt, Bold

Formatted: Numbered para,Outline numbered + Level: 2 +Numbering Style: 1, 2, 3, … +Start at: 1 + Alignment: Left +Aligned at: 0 cm + Tab after: 2 cm + Indent at: 2 cm, Tabs: 2.25 cm, List tab + Not at 2.54cm

Formatted: Font: 12 pt, NotBold, Superscript


Deleted: <#>No specific comments were made in relation to scour in the LB Southwark’s LIR or Written Representation, it is therefore considered agreed. ¶

Deleted: primary

Deleted: agreement

Comment [s5]: Insert Kate’s

comments.


Second SoCG


26 DRAFT

Station also lies within the Strategic Cultural Area and the Tower Bridge Conservation Area and immediately to the west of the St Saviour’s Dock Conservation Area.

3.14.5 Local policies relevant to the project include those relating to heritage considerations which seek to protect, conserve, and enhance heritage assets and their settings within the borough. Relevant policies are the LB Southwark Core Strategy Policy 12. Relevant policies in regards to protection of nature conservation include Core Strategy policy 11 and those relevant to land use considerations include London Plan Policy 5.14. Further detailed policies on environmental affects and the protection of amenity are set out in the Saved Southwark Plan (2007).

3.14.6 LB Southwark included policies it considers relevant in its LIR. TWUL disagree as to the relevance of a number of these polices, as set out in section 4.

3.14.7 Appendix Hsets out a planning policy table as requested by the ExA in the first written questions received on 26 September 2013.


Deleted: <#>The local development plan comprises the London Plan (2011) and the London Borough of Southwark’s adopted Core Strategy (April 2012). The policy designations relevant to the site are its inclusion within an archaeological priority zone and location within The Thames Policy Area. Shad Thames Pumping Station lies within the Tower Bridge Conservation Area and immediately to the west of the St Saviour’s Dock Conservation Area. ¶

Deleted: <#>¶

4 Summary of outstanding matters

Second SoCG


27 DRAFT


4.1.1 The matters detailed in Table 4.1 are general matters not yet agreed between TWUL and LB Southwark. Further analysis and discussion is required between LB Southwark and TWUL to finalise these matters.

4.1.2 Table 4.2details site specific matters to be agreed between LB Southwark and TWUL.

Table 4.1 General matters still to be agreed between TWUL and LB Southwark

Ref Nature of

disagreement TWUL preference LB Southwark preference

1. The basis for the application is legally flawed due to inadequate strategic environmental assessment and failure to identify reasonable alternative tunnel routes and properly justify the selected tunnel route.

As outlined in the NPS for Waste Water “the appropriate strategic alternatives to a tunnel have been considered and it has been concluded that it is the only option to address the problem of discharging unacceptable levels of untreated sewage into the River Thames within a reasonable time at a reasonable cost”.

TWUL’s response (APP 31.02) submitted to the ExA on 2 December 2013 responds to LB Southwark’s submission regarding SEA.

“The absence of a proper SEA is a significant failing in that there has been no adequate assessment of the cumulative impacts of the development or an evaluation of the positive and negative impacts of the preferred tunnel scheme against other viable alternatives”.

Further robust assessment is required before the proposals can be considered. Details included in the LB Southwark’s WR submitted on 4 November 2013 and subsequent legal submissions

2. The transparency and consistency of site selection methodology and how it was applied. The identification and assessment of alternative tunnel routes and work sites.

The site selection methodology has been used to ensure a consistent, across the length of the proposed tunnel, and transparent means of identifying the most suitable sites to construct the tunnel and intercept the CSOs.

The site selection methodology was consulted on and changes made before it was published prior to the commencement of phase one consultation.

TWUL’s response to the ExA first written questions (14.1-14.31) provides further detail

Thames Water should clearly demonstrate the weighting that has been applied to the different criteria set out in the site suitability assessments. The further technical information used to arrive at judgments between respective sites needs to be provided along with the detailed analysis and results of the site selection process.

The additional site selection information provided remains to be incomplete and does not respond

Deleted: .


Second SoCG


28 DRAFT

Ref Nature of


on the site selection process and how it was applied.

adequately to the requests made by the Council.

3. The powers taken in the Draft DCO as well as the content and adequacy of proposed Requirements, Design principles, CoCP and Section 106 planning obligations.

The proposed Draft DCO and draft Requirements contained in Schedule 3 are acceptable.

TWUL consulted LB Southwark on the content of the Draft DCO, including the draft Requirements and schedule of consents those proposed to be included in the Draft DCO and consents that would be left for the contractor to obtain.

TWUL issued a revised Draft DCO and CoCP to interested stakeholders on 9 December 2013. The revised versions took into account comments received in LB Southwark’s LIR and WR (see Appendix E)

TWUL commit to providing a number of 106 obligations proposed by LB Southwark (see Error! Reference source not found.).

“The draft Order fails to strike the correct balance between the power required for the project and the necessary limitations and control on those powers.

The Order and application documents fail to adequately secure compliance with the terms of the Code of Construction Practice by contractors working on the project. The council will require clear provision allowing it to enforce the terms of the Code against the undertaker in order to oblige it requires compliance by the contractor in question. The obligations contained in the Code itself are also insufficiently precise”.

LB Southwark proposes project-wide and site-specific requirements as contained in the LIR and WR (see Appendix F).

4. Consultation process and the adequacy of information provided to stakeholders and consultees throughout the pre-application process.

TWUL undertook extensive formal and informal consultation on a number of matters since project inception. Information on the application, proposed construction sites, EIA and other assessments have been provided to LB Southwark over the course of the project.

“Thames Water’s pre-application consultation was ineffective, with no proper opportunity and inadequate information for consultees to influence the selection of Chambers Wharf as a drive site and mitigation of impacts at Shad Thames and Earl Pumping Stations and Blackfriars Bridge Foreshore. Inadequate consideration was given to the representations made”.

5. Use of the Chambers Wharf Site as a main tunnel drive site.

Chambers Wharf is proposed as a main drive site due to its proximity to the Tidal Thames that facilitates barging operations, as set out in our response to the ExA’s first

LB Southwark considers that it has not been demonstrated that Chambers Wharf is an acceptable site given its proximity to residential


Second SoCG


29 DRAFT

Ref Nature of


written Q14.25 and the Issue Specific Hearing on 12 November 2013.

Effects arising as a result of construction activities will be managed by application of the CoCP, DCO Requirements and section 106 obligations.

properties and schools, among other issues.

The application should be amended so that the Tunnel is driven from Abbey Mills to Chambers Wharf. Significantly greater mitigation is also required.

Table 4.2 Site specific matters to be agreed between LB Southwark and TWUL

Ref LB Southwark comment TWUL comment

Chamber Wharf

Noise and vibration

Issues discussed at noise and vibration meeting – 16 December 2013

1. Query raised in relation to baseline at Downings Moorings.

Noted. TWUL commit to undertake further measurements, which will need to be completed and circulated to interested parties. The assessment will be updated as required.

2. Temple baseline measurements at Axis Court during the day are lower than Arup.

Temple Group to circulate data to facilitate further discussion.

3. List of properties that will be offered a trigger action plan (TAP) is important. LBS /SYR/Temple raised concern that this list won’t be available until January. Temple specifically interested whether Axis Court and Tempus Wharf will have TAPs.

Noted. TWUL to consider.

4. LBS and Save Your Riverside (SYR) note that the extension of the ABC method to consider internal daytime noise levels is based on windows having to be kept closed at higher levels of noise and that this is an adverse effect on people, especially those in single aspect apartments.

TWUL note this is no different than the accepted norm for assessing / controlling daytime construction noise over the last 30 years or more.

5. LBS requested that TAPs need to TWUL noted and agreed. Further detail

Deleted: (not acoustic)


Second SoCG


30 DRAFT


include specific commitments to mitigation and that these need to be available for receptors such as Riverside School before the end of the Examination period.

regarding TAPs will be issued to the local authority in due course.

6. LBS & SYR request TTT to define how the ‘baseline’ for the NEWT commitment will be reduced to reflect the further mitigation and hence reduction in adverse effects since the ES was published.


7. LB Southwark would like TWUL to consider:

a) adding a ground-borne noise temporary re-housing trigger value to the Noise insulation temporary rehousing policy, and

b) changing the ‘10 out of 15 days’ trigger threshold to ‘3 out of 7 days’.


8. LBS/SYR note that this was the period when any remaining ‘gaps’ in the assessment needed to be ‘filled’ – e.g. updated baseline. Baseline for CW01 and CW10 should be checked.


9. LBS consider that maximum noise levels (for single events) should be used for the night-time noise assessment.

TWUL disagrees. Only night-time works are essential surface support for tunnelling and these are continuous and regular activities and hence there is no precedence for needing to use max levels at night.

10. BV suggested that the DMRB ‘short term’, 1dB noise change criterion should be used to indicate a significant effect.

TWUL disagrees. This is an impact criterion and not a significant effect threshold.

Outstanding issues identified in LB Southwark’s LIR (with further updated response from LBS)

11. It is agreed that significant impacts would result as described in the ES, but this

Following submission of the application, we have continued to explore options to

Deleted: asked

Deleted: d

Deleted: Temple


Second SoCG


31 DRAFT


assessment does not extend far enough in assessing the overall effects of noise and disturbance upon the surrounding area. The overall impacts would be greater than set out in the ES.

Further Comment: Even with the proposed mitigation measures (for which more detail is required for comment) adverse noise impacts would still result.

further mitigate the forecast significant noise and vibration effects as described in the ES.

We have updated the CoCP Part A to include the following clause:

The Employer will ensure that the residual environmental effects of theconstruction and operation of the Project are not worse than those described in the ES. In line with this duty, contractors will have to provide the mitigation measures described in the ES, or any other appropriate or equivalent mitigation measures, such that the residual environmental effects during construction and operation of the Project are not worse than those described in the ES.

The ES is, therefore, a worst case assessment in terms of adverse environmental effects which the contractor will seek to improve upon within those bounds.

TWUL disagrees that overall impacts would be greater than set out in the ES.

12. Noise levels in the ES should be provided for all phases of the construction process.

Further comment: This detail is noted. Evening and night time noise will still cause disturbance to residential properties around the site. [Bill – Further comments?]

The daytime levels over the duration of the construction works and for all phases are presented for each assessed receptor in graphs in the relevant appendix (G.2) of the Environmental Statement (Doc ref: 6.2). Evening and night-time levels were not presented graphically because the activities during these periods are limited in number resulting in less variation in levels than you can see in the daytime graphs. Graphs for evening and night time noise would therefore show one or two flat lines for the activities in question. The purpose of the graphs was to illustrate the variation of noise levels over the construction period.

Predicted evening and night time noise levels are however presented in Table 9.5.1 of each site volume.

13. It is difficult to properly assess the impacts of noise without having details of committed layouts for each phase of the construction process. Without agreement

Our response to first written question 15.15 provides more information on the illustrative site layouts and how the noise assessments took these into account.


Second SoCG


32 DRAFT


of these there is risk that additional noise impacts would result.

Further comment: LBS requires that detailed site layouts for each phase of the construction process are submitted for its approval via a requirement. It is not sufficient or appropriate for this crucial detail to be left to a S61 application.

The contractor is required to submit to the local authority an application for Section 61 consent under the Control of Pollution Act 1974, for each phase of construction.

The contractor must demonstrate best practical means in managing noise impacts, including site layout.

The requirements for contractors to produce a site layout minimising impacts is included in the CoCP Part A, Section 4.3, which is secured by Requirement PW6 in the Draft DCO. There are also a number of site-specific requirements in the CoCP Part B to eliminate and control potential impacts, relating to noise and vibration issues.

14. There is too much uncertainty in the proposals to properly assess the full impacts of noise and vibration.

Further comment: This uncertainty has not been removed. It is not sufficient or appropriate for this crucial detail to be left to a s61 application.

The detailed construction method and all possible mitigation are expected to arise through the detail of the Section 61 process with LBS. Detailed matters would include site layout, screening and noise levels which can be set by the council. Experience shows that such more focused, practical control is effective in ensuring that outturn noise and vibration impacts are significantly quieter that assessed in the ES, which necessarily takes a worst-case approach.

15. The ES does not cumulatively assess the full effect of six years of noise impacts upon the surrounding area.

Further comment: This does not properly or robustly assess the full impacts of the proposal, including in-combination impacts, the well-being and quality of life for people living, learning and working in the surrounding area.

The ES provides an assessment of the noise and vibration effects for each phase of construction works.

16. The ES does not properly assess the impact of noise upon the learning conditions of pupils at local schools located in close proximity to the site.

Further comment: This does not properly or robustly assess the full impacts of the proposal, including in-combination impacts, upon the learning environment

St Michael's Roman Catholic College was included as a receptor in the noise and vibration assessment. Riverside Primary School was considered as a secondary receptor alongside receptors at 1-13 Loftie Street (see Environmental Statement, Vol 20 Chambers Wharf, para.9.5.43).

The socio-economic assessment (Environmental Statement, Vol 20,


Second SoCG


33 DRAFT


of schools in the vicinity of the site. Section 10) takes into consideration the sensitivity of the schools, pupils and staff to possible impacts, including the experience for children indoors, in a learning environment, and outdoors in the playground, and while going to and from school. The socio- economic assessment considered the schools assessed in the noise and vibration assessment and St Joseph’s Roman Catholic Primary School. No significant effects were identified at these schools. A proper assessment of the impact on learning conditions was therefore undertaken for all schools in the vicinity of the site.

17. Significant impacts would result from HGV movements and these impacts would be intensified should there be even a small decrease in the proportion of spoil removed by barge.

Further comment: The derogations and exceptions currently proposed leave too much flexibility for the road movements to increase. An increase in HGV movements will make the proposals yet more unacceptable than at current. Notwithstanding this, to prevent uncertainty to residents and schools, mitigation needs to proposed and agreed now for eventualities involving an increase in road HGV movements.

Should river transport not be possible, the contractor would seek approval to remove or import materials through night-time vessel movement or by road through the operational derogations process which we have proposed in Appendix A of the Response to LIR from Mayor of London, Doc ref: App 30.15. Appendix A is the 'draft framework for the Transport Strategy securing mechanism' and is referred to here as 'Transport Strategy mechanism framework'.

Prior to the commencement of construction, the contractor would develop contingency plans to mitigate and manage the impact of potential events which could limit use of the river, and would need to gain approval from the local planning authority, GLA, TfL and PLA of such contingency plans. This process will be defined in the Transport Strategy mechanism framework.

18. It is agreed the significant vibration impacts would result but these could be yet greater due to the uncertainty about vibration methods.

Further comment: Comments will be made in response to TWUL written answer to ExAs Questions including 29.15 and 29.16.

Our responses to first written questions 11.23 to 11.25provide more information on the feasibility of lownoise/vibration techniques and the securing mechanism for enforcing compliance in the Draft DCO (Doc ref: 9.20).

The CoCP parts A and B require low vibration piling to be used for the cofferdam ‘where practicable and where ground conditions allow’. A more detailed assessment of the suitable piling methods to construct the cofferdam at Chambers


Second SoCG


34 DRAFT


Wharf has been carried out and has concluded that low vibration piling methods, hydraulic jacking and press piling, for example, is practicable and is consistent with the ground conditions, unless unknown ground conditions are encountered. Therefore, we will make low vibration piling methods a requirement in the CoCP unless determined to be impossible.

The first 'anchor' piles will need to be installed using a vibratory driver. These anchor piles will be installed at a location away from the closest residential receptors (Luna House and Riverside Court). Use of low vibration piling would reduce the effect to not significant.

19. The Thames Tideway Tunnel noise insulation and temporary re-housing policy is not currently acceptable as it set criteria at levels which are too low. This policy, when agreed, also needs to be imposed through an enforceable requirement or s106 provision.

Further comment: It is understood that further details are being provided by TW UL for discussion, including at a joint meeting between the London Boroughs.

As detailed in the Where best practicable means (BPM) to control noise on site is exhausted, then noise insulation and ultimately temporary rehousing would be offered in accordance with the policy in the CoCP. This is where defined noise thresholds set in accordance with BS 5228 are exceeded for defined periods of time.

These thresholds (75 dB LpAeq,12hr during the day, 65 dB LpAeq,1hr during the evening and 55 dB LpAeq,1hr at night) have:

a) been established over many years

b) have protected many people in London and elsewhere during the construction of many large infrastructure projects (eg, JLE, CTRLThameslink, Crossrail)

c) and remain consistent with current standards (eg, BS 5228) andguidance (eg, World Health Organization, emerging National PlanningPractice Guidance).

The Noise insulation and temporary rehousing policy will be secured through a Section 106 obligation given to all relevant local planning authorities through unilateral undertaking. The Section 106 agreement will provide for effective enforcement in the event of the obligations being breached. The Independent Compensation Commission


Second SoCG


35 DRAFT


will supervise the implementation of the policy and determine claims made under the policy that will be adopted by Thames Water.

The project’s compensation policies are currently under review. TWUL held a workshop on 18 December 2013, which was attended by LB Southwark, to discuss changes to the policies and seek feedback from local authorities on initial amendments. TWUL will issue updated policies to the local authority the week commencing 6 December. Discussions regarding the policies are on-going between the parties.

20. No assessment is made of the impacts upon schools should windows be open (for example during the summer months)

Further comment: There is no assessment at Riverside Primary School. Further comments will be provided in response to TWUL’s response to ExAs question 29.1 which needs to include Riverside Primary School.

As detailed in TWUL’sresponse to the LIR (APP30.09), the assessment was based on the ambient baseline noise level, and if this was predicted to be exceeded, as at St Michael’s Roman Catholic School, we considered the design of the receptor. Internal noise levels were then considered for both the windows open and windows closed cases and in conjunction with the duration of impact (one month in this case). These figures were used to determine whether there would be a significant effect at this receptor, which was not the case. See Environmental Statement, Vol 20, Chambers Wharf, Section 9.5).

21. Significantly better mitigation is required through requirements, the CoCP and s106 provisions.

Further comment: LBS considers that the impacts at Chambers Wharf are wholly unacceptable and are not capable for being satisfactorily resolved through mitigation. It is recognised that parties still need to strive to agree mitigation in the event that consent is granted and discussion are on-going with the applicant in this respect. LBS proposed requirements and amendments to the CoCP have been submitted as part of its written submission to the ExA on 13th January.

TWUL issued revised CoCP Parts A and B to local authorities and stakeholders on the 9 December 2013 which addressed matters raised and considered at the Issue Specific Hearing on 26 and 27 November and the various comments received in LB Southwark’s Written Representation and LIR.

TWUL commit to providing a number of s106 obligations proposed by LB Southwark. A response to each measure was provided to the council on 11 December 2013 (see Error! Reference source not found.). A meeting to discuss the measures is scheduled for early January 2014.

Formatted: Font: Not Bold,Superscript


Second SoCG


36 DRAFT


Transport (see updated table below)

22. The applicant’s assessment of transport impacts is incomplete and does not acknowledge the serious impacts that would result from the proposals.

A full transport assessment was undertaken for Chambers Wharf which considered effects of construction on: pedestrians; cyclists; public transport; parking and the local highway network. The assessments findings can are contained in Volume 20 Section 12 of the Environmental Statement (Doc ref 6.2.20) and Section 20 of the Transport Assessment (Doc ref 7.10.17).

As reported in Vol 20 table 12.10.1 pedestrians and cyclists, highway users and parking users will experience a minor adverse effect (not significant) as a result of the works.

23. Chambers Wharf is not suitable as a drive site due to these impacts.

TWUL disagrees. Our position in relation to the suitability of Chambers Wharf as a drive site is detailed in TWUL response to first written question 14.25.

24. Traffic on local streets will increase significantly, distorting the planned function of the local road network.

As reported in Table 20.7.1 of Section 20 of the Transport Assessment (Doc ref 7.10.17) approximately 244 additional daily movements (vehicles of a mix of sizes) would be producedby the construction works at Chambers Wharf in site year 1 of construction.

The Jamaica Road (A200) / Bevington Street / St James’s Road junction will be operating above capacity in the AM peak hour and in the PM peak hour in the construction base case.

The addition of the Thames Tideway Tunnel project traffic (anticipated to be 17 two-way vehicle movements during the peak hours) would create minor reductions in capacity and increases in queues and delays. A maximum additional delay of approximately 18 seconds would be anticipated on Bevington Street during the AM peak hour. As reported in Volume 20 Section 12 of the Environmental Statement (Doc ref 6.2.20) this will result in a minor adverse effect (not significant) on highway users (Vol 20 Table 12.10.1).


Second SoCG


37 DRAFT


25. The traffic sensitive nature of the proposed site will require significant restriction of lorry movements to protect vulnerable pedestrians and cyclists.

TWUL commit to no lorry movements between 08.45 and 09.30, and between 15.00 and 15.45, during term time at Riverside Primary School, to mitigate any potential effect of construction traffic safeguarding of pupils on Bevington Street. The contractor will provide traffic marshals to prevent site lorries entering Bevington Street during these times.

26. No analysis of the practical viability of the site, particularly under the ‘all by road scenario’ is presented.

The sensitivity testing as part of the Transport Assessment (Doc ref: 7.10) is based on the month with the assumed peak average daily vehicle movements as a reasonable worst case assessment.

Any derogation to the use of barge movements as identified in the Transport Strategy will be delivered through an agreed mechanism. See the Draft Framework for the Transport Strategy Mechanism.

27. The feasibility of Chambers Wharf as a construction site when river transport is unavailable is unproven.

There are on-going discussions with GLA, TfL, the PLA and the affected London Boroughs, for securing the Transport Strategy commitments. Please refer to paras. 3.1.13 to 3.1.15 of our response to PINS Q16.3.

28. The use of Chambers Wharf as a drive site is not only unacceptable in terms of local impacts, but also represents a significant risk to the project as a whole

TWUL disagrees. As highlighted in response provided in row 21, discussions are on-going with LB Southwark to agree suitable mitigation at Chambers Wharf through additional CoCP measures and section 106 obligations.

29. Proposals to circumvent the council’s power as Highway Authority are not acceptable.

Our response to first written question 6.72 and Appendix APP6.72.01 address all legislation set out in Schedule 19 to the Draft DCO. Our approach to such legislation is to provide replacement controls on a project-specific basis through the DCO to ensure that the public interest objective underlying the excluded act would continue to be met, without undue interference to the effective and efficient implementation of the project.

The approach and associated controls are bespoke and therefore better suited


Second SoCG


38 DRAFT


to the delivery of the project from the perspective of all stakeholders.

As set out in Appendix APP6.72.01, our view is that the urgent need for the delivery of the project, balanced with the replacement controls secured through the DCO, would ensure that the public interest objective is met.

30. Significantly better mitigation is required through requirements, the CoCP and s106 provisions.

Refer to response in row 21.

Impacts on Local Schools

31. The application has failed to properly consider overall impacts upon local schools including the cognitive impacts upon pupils at the schools.

The socio-economics assessment included within Environmental Statement, Vol 20, Section 10 includes an assessment of amenity impacts, which drew on the noise and vibration, air quality and townscape assessments and considered these impacts in combination.

We do not believe that any additional effects would be identified from any alternative approach or that the effects predicted by the amenity assessment would be of greater magnitude had an alternative method been used. We are not aware of any suitable robust alternative assessment methods that include the suggested variables and have previously been applied to major infrastructure projects.

32. The in-combination impacts on schools, taking into account all the effects of the construction works, will be very significant and this has not been assessed by the application.

All of the possible effects listed were considered either inthe Environmental Statement (such as the socioeconomics assessment) or within the HealthImpact Assessment. TWUL disagrees that the effectsare understated.

33. The application does not consider the specific impacts from noise and vibration upon Riverside Primary School.

Riverside Primary School wasconsidered as a secondary receptor alongside receptors at1-13 Loftie Street (Environmental Statement, Vol 20, para.9.5.43). No significant effects were identified at this school.

However, further consideration is being given to potentialimpacts and we are discussing possible measures toaddress these with LBS.


Second SoCG


39 DRAFT


34. The council considers pupils of the schools should be considered as having a high level of sensitivity to impacts, rather than medium as in the ES.

As detailed in TWUL’sresponse to the LIR (APP30.09), the level of sensitivity of a given receptor identified within the socio-economic amenity impact assessment may not always be synonymous with the level of sensitivity assigned to that same type of receptor in the air quality, construction dust, noise, vibration (human response) and/or visual impact assessments.

In this case, the socio-economic assessment identified the sensitivity of the school as ‘medium’, based on consideration of each of the sensitivities defined in the contributing assessments.

35. The application underplays the proximity of the schools to the site and traffic routes, and the importance to a child’s education of the need for a quiet and undisruptive atmosphere for concentration and a suitable learning environment.

TWUL disagrees. The potential for effects on schools is assessed in the socio-economic assessment (ES, Vol 20, Section 10).

36. Impacts on schools with windows opened will be significant.


37. If movement by river increases below 90% further noise impacts will result upon Riverside Primary School. There are not satisfactory safeguards to prevent this and the detail of an operational derogations process put forward by TWUL is inadequate. Further details is required to show satisfactory securing of TW's commitments

TWUL considers that the risk of derogations from river to road-based transport at Chambers Wharf is unlikely. TWUL has predicted that river movement may be reduced up to a maximum of 5% of the 22 month period. In these cases, the contractor would seek approval to remove or import materials through night-time vessel movement or by road through the operational derogations process which we have proposed in Appendix A of the Response to LIR from Mayor of London, Doc ref: App 30.15.

38. The application has not provided appropriate mitigation to protect the schools and the learning conditions of children. Significantly greater mitigation is required to offset impacts.


39. The likelihood of impacts is increased due the lack of specific enforceable detail in the application and the uncertainty of the way in which the construction works

The detailed construction method and possible mitigation are expected to arise through the detail of the Section 61 process with LB Southwark. Detailed

Deleted: the

Deleted: will be significant.


Second SoCG


40 DRAFT


will progress (e.g. site layout during construction).

matters are site layout, screening, noise levels and working hours.

Socio-economic Impacts

40. The applicant has significantly underestimated the impacts of the construction works upon the day to day lives of people living, learning and working in the surrounding area.

All of the possible effects were considered either inthe Environmental Statement (such as the socioeconomics assessment) or within the HealthImpact Assessment. TWUL disagrees that the effectsare understated.

41. The in-combination impacts of all the projects construction effects will be very significant.

There would be some significant effects resulting from the works on the site however, appropriate mitigation through the measures in the CoCP and section 106 obligation, would ensure effects are minimised.

42. The applicant has not properly taken into account the socio economic profile of the area, including those people living around the site, many of whom will be at home for large parts of the day. For six years (or more) the impacts will be severe.

The methodology for undertaking the socio-economicimpact assessment judged that residential receptors wouldlikely be more sensitive to significant construction/trafficnoise or construction site lighting at night because of thepotential for disturbance to sleep patterns, but would onaverage be generally less sensitive to an equivalent levelof construction/traffic noise or lighting during the day. Thisjudgement was made irrespective of whether residents arelikely to be at home during the day or not, ie, it in effectassumes that they would be. At Chambers Wharf, theassessment determined, overall, that residents would besubject to major adverse effects based on the findings ofthe noise, vibration, construction dust and visual impactsassessments.

43. The council raises strong objection to the impacts upon day, sunlight and visual outlook for the proposed three storey office/welfare buildings located in very close proximity to residential properties.

The daylight/sunlight assessment suggests an alternative pitched roof for the site offices to reduce the massing in front of the impacted windows which, if implemented, would comply with the BRE daylight and sunlight guidelines. Other means of achieving the BRE daylight and sunlight guidelines may include stacking the offices differently to maintain the level of daylight and sunlight to the affected windows.

Deleted: combined


Second SoCG


41 DRAFT


The CoCP requires the contractor to consider the optimum location of the site offices in the layout of the site. These matters would form part of the Section 61 application process with the council.

44. Significantly adverse impacts will result upon the existing open space at the corner of Bevington Street and Chambers Street.

TWUL commit to providing landscaping measures through s106 which would offset potential effects on this amenity space. Refer to TWUL’s note responding to LB Southwark’s proposed section 106 obligations (Error! Reference source not found.).

45. The air quality, noise and visual impacts will have a significant adverse impact on the users of the Thames Path. The application underestimates these impacts.

The socio-economics assessment included withinEnvironmental Statement, Vol 20, Section 10 includes anassessment of amenity impacts, which drew on the noiseand vibration, air quality and townscape assessments andconsidered these impacts in combination. The potential for impact on users of the Thames Path is assessed in the socio-economic chapter in the ES.

46. The works will result in a long delay to the regeneration of the area including the construction of over 400 much needed residential properties.

TWUL disagree. Our position is provided in Section 3.9.

47. The socio-economic chapter of the ES does not properly assess the local economic impact of the proposed scheme, specifically in terms of employment, skills and contract supply chains. Enhance s106 provisions are required.

The socio-economic assessment considers impacts on businesses where these would be displaced by construction activities or where they were considered to be sensitive to amenity effects (noise, vibration, construction dust and visual impacts). At Chambers Wharf, no businesses were identified as likely to be displaced or to experience amenity effects that would result in loss of economic activity.

Project-wide effects assessment considered the effects on the Greater London labour market in terms of employment, skills and contract supply chains.

The socio-economic assessments within the Environmental Statement and the Skills and Employment The objectives and actions within the Skills andEmployment Strategy reflect this


Second SoCG


42 DRAFT


evidence base and aim tomaximise the economic benefits of the project.

48. The mitigation proposed falls far short of what would be required to begin to mitigate and offset the impacts. The very limited scope of the applicant’s draft s106 is indicative of this.


Health Impacts

49. The council considers that the in-combination effects of the construction works, over a period of at least six years, will have the potential for significant impacts upon the health and well-being of people living, learning and working in the area around the site.

It can be considered that the in-combination effects have been incorporated in the Health Impact Assessment and Socio-economic assessment for the site.

50. In addition, to those considered by the applicant, climate change, perception of risk and waste generation should be included in the determinants for considering impacts in the Health Impact Assessment.

The Health Impact Assessment (Section 6) sets out the health determinants against which the assessment was undertaken some determinants were not takenforward in the Stage 2b assessment; the rationale for thisis set out in paras. 3.9.7 to 3.9.10.

Table 6.1 of the HIA describes the potential health outcomes ofdeterminants of relevance to the project, which include thefull consideration of physiological and mental well-being.

51. The application does not adequately consider the impacts upon physiological and mental well-being which the council considers to be very significant.

We will consult further with LBS in relation to mental wellbeingimpact assessment screening prior to commencingwork. We anticipate that this will form part of the on-goingdialogue with LBS, and consultation on the communityliaison plan as set out in the CoCP Part A.

52. If the scheme proceeds, many risks to human health and well-being need to be anticipated and pre-empted including additional provisions in the requirements, s106 and CoCP, including measures to off-set and mitigate impacts along with extensive and meaningful community liaison.

The CoCP includes provision for an extensive andinclusive community liaison plan together with embedded mitigation, control and monitoring measures to addresspotential adverse effects of the project.

Provision for community liaison is one of the matterscurrently under consideration with LBS. Details of thesenegotiations and agreements will be reported in the

Deleted: i


Second SoCG


43 DRAFT


SoCG.

53. Potential positive impacts such as local employment and opportunities for local people to be involved with the project through effective community liaison need to be maximised.

TWUL agrees. The Employment and Skills Strategy include targets for employment of localunemployed people and ex-offenders within the contractorworkforce; the promotion of science, technology,engineering and mathematics education outside ofestablished educational settings; the appointment of skillsand employment managers to maximise contractoremployees drawn from the target beneficiary groups andto co-ordinate workforce training and skills; and supplychain engagement managers and other measures tomaximise opportunities for local businesses.

The CoCP Part A, Section 3 requires the contractor to prepare a community liaison plan to be established prior to the commencement of construction. TWUL also commit to establishing the community liaison working group to ensure early notification of particular noise or construction events.

Air Quality

54. There is a risk of significant air quality and dust impacts from construction works if appropriate mitigation is not secured, over and above the minor impacts that are predicted in the ES.

The ES assesses potential effects arising from construction relating to air quality and dust. The CoCP includes measures to ensure potential effects are minimised and managed, including preparation of an Air quality and management plan, which will be for approval by the local authority.

55. Further mitigation is needed through requirements and commitments in the CoCP, which are too generic at present. This includes the need for further monitoring of odour during the operation phase of the development.

The air quality management plan described in the CoCP Part A, Section 7 will be for approval by the local authority, which would enable LB Southwark to ensure with control over its content. Requirement PW8 requires the project to submit details of odour management and monitoring to the local authority, prior to bringing the tunnel into use.

56. There is no automatic feedback mechanism in connection with complaints to the Local Authority in the

As detailed in TWUL’s response to LB Southwark’s LIR, the CoCP Section 3 (Communications and community/


Second SoCG


44 DRAFT


Air Quality Management Plan stakeholder liaison) covers how complaints will be dealt with. In this section the mechanism for dealing with complaints (3.1.6) and the reporting protocol for the local authority (LA) are stated. When the contractor submits the air quality management plan, as part of the CEMP (which is also for LA approval), this would contain these details.

57. The council requires that there is a cast iron commitment to ninety percent of all materials generated or imported to the Chambers Wharf worksite to be via the River Thames in order to prevent air quality issues from increased traffic movements at Chambers Wharf.

A summary of the draft mechanism for securing the Transport Strategy (Doc ref: 7.09) has been prepared through discussions with the Greater London Authority, Transport for London, the Port of London Authority and the affected London Boroughs.

The Draft Framework for the Transport Strategy Mechanism, submitted on 2 December 2013 (Doc ref: APP 30.15) provides further details. In addition to the current commitments, we are providingincentives within the construction contract to transport morematerial by river and have committed to the transportation ofsegments at Chambers Wharf by river.

58. Air quality impacts, when assessed in combination with other adverse impacts, will result in significant adverse affects upon the area surrounding the site, including residents and school children.

The air quality effects have been assessed in combination with other effects in the socio-economic assessment amenity assessment (reported in Volume 20 Section 10 of the Environmental Statement. This reports that residential receptors would experience major adverse effects due to construction dust, noise, vibration and visual effects at night.

TWUL’s response (APP31.02) outlines additional mitigation to reduce noise and vibration and transport effects which would reduce the overall impacts at the site.

Townscape and Visual Impacts

59. It is agreed that significant townscape impacts would result upon the surrounding area during the construction works.

The ES predicts moderate adverse effects on townscape. These effects would be managed through the measures in the CoCP. The external appearance of site hoardings would be for approval by the local authority (CoCP Part B, Section


Second SoCG


45 DRAFT


4).

60. It is agreed that significant effects would also result upon residential viewpoints surrounding the site.

The ES predicts a major adverse effect on some viewpoints. These effects would be managed through the measures in the CoCP. The external appearance of site hoardings would be for approval by the local authority (CoCP Part B, Section 4).

61. Detailed design of all key site buildings, structures and enclosures need to be agreed with the council in advance of the works, in addition to the permanent works.

The contractor would be required to submit details regarding site layout and arrangement of buildings and facilities as part of the s61 consent. Detailed design of the permanent works is for approval by the local authority, in accordance with DCO requirements CHAWF2, CHAWF3.

62. A package of tree planting and landscaping is required to off set the harmful impacts.


63. The significant townscape and visual impacts will add to the overall in-combination impacts upon the amenities of the local area throughout the construction works.

Potential townscape and visual effects will be managedthrough the measures in the CoCP. The external appearance of site hoardings would be for approval by the local authority (CoCP Part B, Section 4). Refer also to response in row 44.

Archaeology

64. To determine if the site is acceptable, the assessment methodology in the ES is flawed and should be updated with an archaeological evaluation of the area of the shaft to comply with NPS requirements.

65. The proposals for the foreshore have not been adequately assessed through on-site fieldwork. Significant impacts are likely to result upon soft deposits within the foreshore.

66. Prior to the determination of the application, the applicant should submit:

- An archaeological trench based evaluation within the footprint of the shaft proposed at Chambers Wharf, and

- An archaeological evaluation of the foreshore to inform the design

Refer to Section 3.5.12 for an update on archaeology, including a summary of outcomes from the meeting with TWUL and LB Southwark on 17 December.


Second SoCG


46 DRAFT


and impact of proposals for the coffer dam and fill.

Land Quality (Contamination)

67. The council agrees with the ES conclusions

that minor adverse impacts are predicted to

result upon adjacent residents and schools

from exposure to wind-blown dust orvapours,

and to construction workers from exposure to

on-site contamination

The ES states that the impact on adjacent land users would be negligible (with the implementation of the measures outlined in the CoCP Part A Section 9). The effects identified on adjacent residents and schools is minor adverse. These effects are as such due to the high sensitivity of the receptors. When assessing the effects using the significance matrix (included in Volume 2 Section 8 of the ES) any impact on a high sensitivity receptor will result in an adverse effect. Hence a negligible impact on a high sensitivity receptor results in a minor adverse effect. As stated in the ES it is considered unlikely that this effect would occur.

68. Appropriate enforceable mitigation and safeguards are required through requirements and the Code of Construction Practice including measures to safeguard residents and school children.

The CoCP part A Section 9 (Land quality) and Section 7 (Air quality) presents the construction measures will be implemented to ensure that the impacts on adjacent residents remain negligible. In addition the site specific contaminated land requirements contained within Schedule 3 of the DCO (eg CHAWF7 for Chambers wharf) will ensure that appropriate risk assessments and remediation measures are agreed with the London Borough of Southwark in consultation with the Environment Agency.

Ground and Surface Water

69. Whilst the ES concludes that no significant effects on ground and water and surface water would result, further information and mitigation is required is required for the approval of the council to ensure this is the case.

The site specific contaminated land requirements contained within Schedule 3 of the DCO (eg CHAWF7 for Chambers wharf) will ensure that appropriate risk assessments and remediation measures are agreed with the London Borough of Southwark in consultation with the Environment Agency. In addition requirement PW14 secures the delivery of the Groundwater environmental management dewatering and monitoring strategy which is intended to provide further information and enforceable


Second SoCG


47 DRAFT


mitigation. The Groundwater environmental management dewatering and monitoring strategy would be agreed with the EA.

70. Further details are required of construction details such as bunded stores for fuel and oil.

It is unclear exactly what details are being requested here. We may be able to provide a limited amount of information on this as much of the details would be worked up by the contractor.

71. The measures as currently detailed in the

Code of Construction practice need to be

enhanced, including additional measures, to

prevent risks to ground and surface water

during construction works.

It is not clear from the text in what way the CoCP measures need to be improved. We welcome the opportunity to discuss this in detail and to present the updated Groundwater environmental management dewatering and monitoring strategy should the London Borough of Southwark not be convinced that the contain sufficient control measures to protect ground and surface water receptors during construction.

Flood Risk

72. The council agrees with the representations submitted by the Environment Agency on flood risk implications.

73. The information provided in the application does not allow for balanced and informed representations or decisions to be made on the proposals.

74. The mitigation proposed in the requirements and CoCP is currently insufficient.

As detailed in our LIR response, TWUL produced a Flood Defence Asset Interpretive Report(Doc ref: 9.17) (FDAIR) in consultation with theEnvironment Agency. It brings together all ourassessment work undertaken to date in respect of flooddefence assets work. This was issued to the EnvironmentAgency and submitted to the ExA on 23 September 2013.

The FDAIR demonstrates that no significant residual floodrisk effect is anticipated as a result of impacts from theconstruction of the project on flood defences.

The FDAIR provides additional evidence to demonstratethat the conclusion in Environmental Statement, Vol 3,

Section 15 (the project-wide flood risk assessment), thatno significant effects on flood risk are anticipated, wasrobust.

The FDAIR was reviewed by the Environment Agency,which confirmed that significant progress has been


Second SoCG


48 DRAFT


madetowards satisfactorily resolving Issue 5.1 of the agency’srelevant representation (see the draft SoCG with theEnvironment Agency, Table 5.6.2).

In its written representations, Section 5, the EnvironmentAgency confirmed that

�We consider that there is adequate information to represent the flood risk arisingfrom the project, and this fulfils the requirement of theNational Policy Statement on this topic. We do notconsider that a further FRA is necessary to provideadequate information.”

Accordingly, TWUL disagree that the mitigation in relation to flood risk iscurrently insufficient.

Ecology

75. The council agrees with the conclusion in the ES that there would be a significant adverse impact upon river based ecology from the construction works.

Noted. The ES predicts a moderate adverse residual effect as a result of loss of intertidal habitat due to temporary landtake.

76. The council generally agrees with the ES that no significant impacts are likely to result for on-shore ecology, but this is subject to the further working up of appropriate mitigation and detail with the CoCP.

Noted. TWUL considers that the measures in the CoCP are adequate in addressing any potential on-shore ecology impacts.

Shad Thames PS

Noise and vibration

77. The council agrees with the applicant that significant impacts would result from noise but considers that the applicant has underestimated the full extent of the impacts.

TWUL disagrees that effects have been underestimated. The ES assess the potential effects resulting from noise and vibration at the site. Refer also to the response in row 78.

78. The noise insulation and temporary re-housing policy needs amending, and needs to be enforceable, to be fit for purpose.

Refer to response to row 19.

79. Vibration impacts could be significant should low impact piling methods not be able to be used.

In our responses to the first written questions 2.4, 11.23-11.25, we reported on further assessments into thefeasibility of using low noise/vibration piling techniques toreduce the effect of these


Second SoCG


49 DRAFT


activities.

80. The detail provided on how the construction works will progress and will be mitigated, is inadequate, leading to uncertainty about the proposed impacts.

The ES provides details on the construction works, including phasing of the works. Where impact cannot be mitigated, residents may be eligible for compensation. Refer to response in row 19.

Air quality

81. The council agrees that significant air quality impacts would result for residents of Wheat Wharf and Tamarind Court.

Noted. The ES predicts moderate adverse residual effects at Wheat Wharf and Tamarind Court as a result of construction dust. This will be managed through measures included in the CoCP. The air quality management plan in the CoCP Part A, Section 7 is for approval by the local authority.

82. Appropriate controls are required within the Code of Construction Practice.

TWUL considers the CoCP provides appropriate controls. TWUL continue to review and develop the CoCP Parts A and B in consultation with LB Southwark.

83. Further assessment is required of the impacts of the permanent ventilation column.

The operational air quality assessment was scoped out of the ES as the Shad Thames sewers would not beconnected to the main tunnel. We propose to upgrade theexisting pumping station and modify the existing seweragesystem. The works include constructing a new ventilationcolumn to serve the wet well at the pumping station.

Emissions from the existing wet well are vented to theatmosphere; therefore we do not expect any significantchange to the odour environment at the site. Further detail is provided in TWUL:’s response to LB Southwark’s LIR(APP30.09).

Design and Visual Impact

84. A high standard of design is required within the Conservation Area

Noted. It is agreed that a high standard of design is required for the pumping station building. TWUL consider these concerns are addressed by the Design principles, particularly SHTPS.01 and SHTPS.02 which will govern the detailed design of the proposals at these sites.


Second SoCG


50 DRAFT


Since the proposed works would be undertaken within andto the rear of the existing pumping station, the character ofthe conservation area would not be detrimentally impacted.The proposed modification works to the front of the buildingto provide new access would be consistent with theappearance and fenestration of the existing façade.

85. The plans of the permanent works are indicative and do not provide sufficient surety to allow the works to go ahead without further detail being approved.

The heritage design principles and site-specific designprinciples were submitted for comment to LBS during ourpre-application consultation. LBS provided initial comments which were taken into account in developing thedocument. Compliance with the design principles issecured by a DCO Requirement (SHTPS 2), which wouldensure that the design would protect buildings and otherelements of the historic environment, including listedbuildings. Site-specific measures incorporated in the CoCPPart B, which is also secured by requirement in the DraftDCO, include the re-use of bricks from beneath the existingwindow, where practicable, in completing the new doorwayand ensuring that the new door would be in keeping withthe current door design.

Archaeology

86. The proposed works may potentially have an impact upon buried archaeological remains and upon standing structures that will be demolished.

Noted. This would be managed through the DCO Requirements and measures in the CoCP.

87. The council agrees with the general approach taken in the Environmental Statement.

Noted.

88. Requirements are needed in order to safeguard the archaeological interest of the site.

Requirements are provided in Schedule 3 of the Draft DCO.


89. The constraints of the site and its location in a busy residential area require strict controls to be imposed to minimise negative impacts.

The overall construction period at Shad Thames PumpingStation is expected to be approximately one and a halfyears. The need to close Maguire Street for a


Second SoCG


51 DRAFT


90. Proposed changes to the road layout in the vicinity of the site will have a detrimental effect on pedestrians, local access and the character of the area.

period of timein order to facilitate construction of the manhole/pumpingmain is stated in the Environmental Statement, Vol 19:Shad Thames Pumping Station (Doc ref: 6.2.19, Section12, para. 12.5.53) and in the Transport Assessment(Section 19, para. 19.2.20).

The design of the traffic management arrangements duringthis phase is shown on Drawing DCO-PP-18X-SHTPS-200023 in the Transport Assessment (Section 19). Thisdrawing identifies that temporary traffic management wouldbe required on the narrow section of Shad Thames in order to facilitate and manage temporary two-way operation. TheSchedule of Associated Highway Works in Section 19 ofthe Transport Assessment (at the start of the Shad ThamesPumping Station figures section) identifies this as worksreference SHTPS_C05, which is described as “Installtemporary traffic management to enable two way flow”. Thistemporary management would be removed once works inMaguire Street are complete and the street has beenreopened to traffic. The arrangements are secured byRequirement SHTPS 5.

This temporary traffic management arrangement isintended to avoid the need to widen the narrower section ofShad Thames in order to maintain pedestrian footways,minimise disruption, and limit the need to relocate highwaydrainage and other underground services.

91. These changes [widening] would require costly and disruptive works to re-locate utility services.

As noted above, widening is not envisaged at this locationas two-way traffic would be managed via temporary trafficmanagement arrangements while Maguire Street is closed.

92. Proposals to circumvent the council’s powers as Highway Authority are not appropriate.

Please refer to response in row29.


Air quality

93. The council agrees that there is likely to be odour impacts for surrounding properties and these need to be

The ES predicts minor adverse effects on local air quality at several residential receptors, due to construction dust.


Second SoCG


52 DRAFT


controlled by controls in the CoCP. Effects would be managed through the CoCP and an air quality management plan will be prepared by the contractor for approval by the local authority (CoCP Part A, Section 7).

94. The extent of contamination impacts on surrounding properties has not been fully assessed. Appropriate investigation and mitigation is required.

Agreed. This would be dealt with by way of DCO requirement EARPS3.

Noise and Vibration

95. The council agrees with the applicant that significant impacts would result from noise but considers that the applicant has underestimated the full extent of the impacts.

TWUL disagrees that the noise assessment underestimates the full extent of impacts.

The impacts identified represent a reasonably foreseeableworst-case and we are well aware that the finalconstruction method and mitigation on site must ensurethat incident noise levels do not result in additionalsignificant effects.

96. Traffic noise would be significant for neighbouring residents on Chilton Grove.

With regard to accelerating construction vehicles, theassessment of road traffic noise was based on the changein the basic noise level as a result of the scheme. TheEnvironmental Statement identifies a change of 1dB at thissite as a worst-case, as a result of the change in trafficflow. The basic noise level in either the ‘with’ or ‘without’scheme situation does not consider the driver’s nature;however the CoCP Part A (Section 5.1) includes measuresto ensure that drivers operate vehicles in a manner which minimises impacts on other road users and the local area.

97. The noise insulation and temporary re-housing policy needs amending, and needs to be enforceable, to be fit for purpose.


98. Vibration impacts could be significant should low impact piling methods not be able to be used.


99. The detail provided on how the construction works will progress and will be mitigated, is inadequate, leading to

The ES provides details on the construction works, including phasing of the works. Where impact cannot be


Second SoCG


53 DRAFT


uncertainty about the proposed impacts. mitigated, residents may be eligible for compensation. Refer to response in row 19.


100. The proposed site is located in an area undergoing significant development which will increase pressure on the local road network

101. The proposed construction routes have a high level of recorded collisions involving pedestrians and cyclists

102. Impacts from the site need to be considered in conjunction with those from the proposed drive site at Chambers Wharf – both share the same construction route

103. The Lower Road gyratory prevents direct access to the site. The project will need to support the planned removal of the gyratory

104. Lower Road is an important cycle route. The

project will need to support the delivery of

Cycle Superhighway Route 4 and minimise

the interaction between constructiontraffic

and cyclists.

The methodology used for assessing the impacts on thehighway network from the project examined both thestrategic and local highway network operation, takingaccount of construction traffic associated with all projectsites that would pass through the area under investigation.

At a strategic level the assessment has shown nosignificant effects on the Lower Road gyratory.

The local highway network assessment examined thejunction of Lower Road with Plough Road and RotherhitheNew Road, which is the nearest junction to this site on theTransport for London Road Network. The assessmentdemonstrates that the changes to the operation of thisjunction, with the inclusion of all project construction trafficfrom this and other sites with routes through this area,would be very small and ‘negligible’ based on the impactmagnitude and significance criteria set out in theEnvironmental Statement. In line with the methodology forthe transport assessment, and given that the strategichighway modelling also showed no significant effects in thearea, we did not consider it necessary to examine theoperation of the local highway network beyond this junction.

Joint borough meetings have been held with LBS and theLondon Borough of Lewisham in relation to Earl PumpingStation. We will continue to engage with both boroughs inrelation to the works at this site.

Refer also to response in row 21.

105. Proposals to circumvent the council’s powers as Highway Authority are not appropriate

Please refer to response in row29.

106. Further mitigation is required through Refer to response in row 21.


Second SoCG


54 DRAFT


requirements, the CoCP and s106.


107. Adverse air quality, noise and highway impacts are likely to result within Southwark from construction vehicles being routed through Southwark, most particularly Elephant and Castle where several major construction projects are likely to be developed at the same time as the construction works.

The ES considers the effect ofnoise on receptors along the routes identified by theTransport Assessment. The assessment considers asminimum the construction vehicle route between the siteaccess and the first junction on the Transport for LondonRoad Network or Strategic Road Network. SouthwarkBridge Road, Elephant and Castle and Southwark Street allfall outside of this assessment and therefore were notconsidered.

108. Noise impacts may result from the works at the site, if not properly mitigation.

The measures in the CoCP are considered adequate in ensuring noise impacts are appropriately mitigated.

109. Southwark needs to be consulted on any matters relating to this site, including mitigation and requirements.

We are currently engaged in discussions with City ofLondon Corporation regarding requirements and planningobligations in its capacity as local planning authority.

We will keep LB Southwark appraised of other matters that may relate or impact themas neighbouring local authority.


Second SoCG


55 DRAFT


Second SoCG


56 DRAFT

Issues agreed and non-agreed on the Transport Assessment (Southwark marked-up version in response to TWUL email of 6th January 2014

Ref Issue to be resolved TTT Commentary Anticipate to be resolved

Programme of resolution

Implications of not being resolved

1 Proposals to circumvent the

council’s power as Highway

Authority are not acceptable

Through working with TfL and London boroughs,

works on the highway have been considered to

minimise the disruption to the highway network, both

in terms of physical works to the highway and the

impact of traffic generated by the project on the

highway network. This has been developed through

traffic modelling based on parameters set by TfL, the

production of design and access statements,

environmental statements and transport

assessments.

The lead time for commencement of onsite works for

the project have been made widely available to all

authorities giving the opportunity for the highway and

traffic authorities to co-ordinate works from the

projected commencement of construction, the

contract award is programmed for early 2015 with

works commencing later in the year.

The disapplication of Part 3 of the Traffic Management Act

2004 is appropriate to dis-apply the London Permit

Scheme (LoPS) in relation to works within the highway

carried out under the DCO.

The LoPS scheme provides highway authorities control

No None If the disapplication of

the LoPS is not resolved,

every road requiring

works will be subject to

an application through

the London Permit

Scheme which could be

rejected or restricted

leading to delay in

project delivery. As well

as unreasonable

conditions could be

placed on the project in

respect of working hours,

traffic management and

delivery time scale.


Comment [S6]: Not considered

relevant

Comment [S7]: The Council is not in a position now to predict

and co-ordinate all events that may coincide with TTT construction at

some point in the future.

Comment [S8]: Not considered justified.


Second SoCG


57 DRAFT




over street works by making them subject to the grant of a

permit.

The permit scheme is inconsistent with other power within

the draft DCO, for example Article 15 provides TTT the

power to temporarily stop up streets identified in Schedule

8” during and for the purposes of carrying out the

authorised project” following consultation with the local

highway authority before exercising this power, however

there is no requirement to obtain consent. In view of this

power and its potential impact on traffic it would be

illogical for TTT to apply for a permit before commencing

works in a street already stopped up.

It is not appropriate for the timing and location of works

within the highway carried out in connection with

nationally important infrastructure scheme with statutory

authorisation to be subject to control of local highway

authorities through LoPS . The project has been working

with all affected authorities to ensure disruption is

minimised and working methods are adapted to address

concerns, consultation is on-going with local authorities to

minimise traffic disruption. The retention of LoPS would

present an unacceptable risk to the project if it was reliant

on the grant of a permit by the relevant authority which

would be subject to consultation with other third parties

and may be contra to any requirements placed on the

project to date in respect of assessment and traffic

management, meaning the extensive work to date would be

abortive.

2 Increased volumes of HGVs will have

far reaching impact on a wide range of

As para 3.3.76 of Section 3 of the TA explains, the extent

of the assessment area for local highway network To be

discussed

Comment [S9]: The Council also opposes stopping up without

prior approval. A consistent approach is best achieved through

following standard practice.

Comment [S10]: Many other

large scale construction projects in

the borough have been carried out

successfully under the standard

regime. The council has a duty to

manage the network with regard to

the interests of all road users. No

attempt has been made by the

project to discuss these matters in

detail with Southwark’s Network

Management officers. All these

matters can and should be

addressed under the Highways Act

by LBS to protect the interests of

all highway users and act

impartially without delays to TW’s

programme.


Second SoCG


58 DRAFT




road users, well beyond the immediate

vicinity of proposed project sites.

modelling has been informed by considering the HAMs

outputs, the volume of construction traffic at each site and

the degree of impact that would be experienced at the

nearest junction on the TLRN or SRN that would be used

by construction traffic. Where the assessment indicates that

the forecast impacts at this nearest junction would not be

significant, junctions further afield on the strategic network

have not been

assessed. Where impacts have been forecast to be significant at this nearest junction, a wider area of the local network has been considered.

with LB Southwark

3 The impact of a large number of

additional HGV movements as a result

of any ‘trigger’ event will exacerbate

existing congestion on Jamaica Road

and Lower Road.

Within the Environmental Statement (Doc ref: 6.2) and Transport Assessment (Doc ref: 7.10) a sensitivity test was undertaken for the sites where river transport is proposed. This sensitivity test was undertaken to ascertain the transport effect of an “all by road” scenario at Chambers Wharf. This is presented in para 20.5.71 to para 20.5.78. This In the event of a ‘trigger event’ the roadnetwork delay as a result of the additional construction traffic compared with the Transport Strategy would be an increase of amaximum of three minutes 38 seconds per vehicle in the AM peak hour on the Jamaica Road (A200) westbound left and

To be discussed with LB Southwark

Conclusions of

Environmental Statement

and TA remain

appropriate.

Comment [S11]: Impacts at

the nearest junction are significant

during any period of ‘all by road’

or ‘more by road’ operation.


Second SoCG


59 DRAFT




ahead movement. During the PM peak hour the greatest increase to delay would be a maximum of 35 seconds per vehicle on the on the Jamaica Road (A200) eastbound left and ahead movement, which results in a minor adverse effect on highway users (as reported in the Environmental Statement (Doc ref 6.2.20).

4 No proper assessment of the impact

on bus journey times has been carried

out.

The local highway modelling has assessed the delay to the highway network, this delay is applicable to bus journeys. x


Conclusions of


and TA remain

appropriate.

5 Public accesses and rights of way are

not secured and the co-ordination of

activities, including for emergency

access and other development sites not

assured.

As stated in the CoCP Part A Section 5.3 all temporary closures will be for as short a time as practicable and pedestrian access to premises will be maintained. Local residents and business will be informed in advance of the dates and durations of closures and will be provided with details of diversion routes. These will be prepared in consultation with the emergency services (section 5.2 of the CoCP Part A).


Conclusions of


and TA remain

appropriate.

Chambers Wharf

Comment [S12]: This is a

significant impact and is likely to

be replicated at junctions

throughout Jamaica Road and

beyond, particularly on the

approach to the Rotherhithe tunnel.

Sensitivity tests assume that river

access will always be available for

11 months in any 12 month period,

but possible derogations to the

Transport Strategy could allow for

a longer period of ‘all by road’

operation.

The methodology used to interpret

the results of modelling work

carried out serves to underplay real

impacts on construction routes.

Comment [S13]: No assessment of bus journey times on

the Jamaica Road / Lower Road

corridor during ‘all by road’

operation.

Comment [S14]: The council

is best placed to co-ordinate such

closures.


Second SoCG


60 DRAFT




6 Chambers Wharf is not suitable as a

drive site due to the severe traffic

impacts that will result, particularly

during any disruption to river access.

Chambers Wharf would be more

suitable as a receptor site only, as

traffic impacts would be more

manageable.

7 The applicant does not acknowledge

the impact on the strategic road

network relating to construction at

Chambers Wharf.

As para 3.3.76 of Section 3 of the TA explains, the extent

of the assessment area for local highway network

modelling has been informed by considering the HAMs

outputs, the volume of construction traffic at each site and

the degree of impact that would be experienced at the

nearest junction on the TLRN or SRN that would be used

by construction traffic. Where the assessment indicates that

the forecast impacts at this nearest junction would not be

significant, junctions further afield on the strategic network

have not been

assessed. Where impacts have been forecast to be significant at this nearest junction, a wider area of the local network has been considered.

The Jamaica Road (A200) / Bevington Street / St James’s

Road junction will be operating

above capacity in the AM peak hour and in the PM peak

hour in the construction base case.

The addition of the Thames Tideway Tunnel project traffic

(anticipated to be 17 two-way vehicle movements during

the peak hours) would create minor reductions in capacity

and increases in queues and delays. A maximum additional

delay of approximately 18 seconds would be anticipated on

To be discussed with LB Southwark to confirm issue now resolved

Conclusions of


and TA remain

appropriate.

This will be reviewed and updated as part of submission of detailed traffic management scheme by contractor at a future date.

Comment [S15]: Impacts at

this junction are significant during any period of ‘all by road’ or

‘more by road’ operation


Second SoCG


61 DRAFT




Bevington Street during the AM peak hour.

8 The applicant’s assessment of

transport impacts is incomplete and

does not acknowledge the serious

impacts that would result from the

proposals.

A transport assessment was completed for the project which considered the transport effects associated with construction works at Chambers Wharf. This assessment considered the effects of the construction on: pedestrians; cyclists; public transport; parking and the local highway network. The assessments findings can are contained in Volume 20 Section 12 of the Environmental Statement (Doc ref 6.2.20) and Section 20 of the Transport Assessment (Doc ref 7.10.17).

As reported in Vol 20 table 12.10.1 pedestrians and cyclists, highway users and parking users will experience a minor adverse effect (not significant) from the project.


Conclusions of


and TA remain

appropriate.


9 The traffic sensitive nature of the

proposed site will require significant

restriction of lorry movements to

protect vulnerable pedestrians and

cyclists.

We are able to commit to no scheduled lorry movements

taking place between 08.45 and 09.30, and between 15.00

and 15.45, during term time at Riverside Primary School,

to mitigate any potential effect of construction traffic on

Bevington Street and to contribute to the safeguarding of

pupils. The contractor will provide traffic marshals to

prevent site lorries entering Bevington Street at these

times.

Yes To be discussed with LB Southwark to confirm issue now resolved

Issue is considered resolved. LB Southwark to confirm.

10 Poor journey time reliability on the

strategic road network means that ‘just

in time’ arrival at the site for

construction traffic is unrealistic.

As part of preparation for the Traffic Management Plan, the constructor will establish the strategy for vehicles arriving and exiting the site. The contractor will

To be discussed with LB Southwark to

Conclusions of


and TA remain

appropriate.

Comment [S16]: Data

presented to assess the impact on vulnerable road users, particularly

pedestrians, appears flawed.

Assessment does not consider safety impact on high levels of

cyclists on Jamaica Road and

Lower Road.

Comment [S17]: Trips to all three schools in the vicinity are

considered to be affected. Amend

to no movements between 08:30

and 09:30 and between 15:00 and

16:00.


Second SoCG


62 DRAFT




identify the need for holding areas, ad any necessary locations, and secure necessary consents for them at a later stage.

confirm issue now resolved


11 For sites such as Chambers Wharf,

where a small decrease in river

transport can have further significant

impacts on amenity and quality of life,

mitigation needs to be agreed now and

provided in advance of works starting

to minimise the resulting impacts from

an increase in HGV vehicles.

12 Clarification of HGV movements

during ‘extended standard’ hours


13 Proposed changes to the road layout in

the vicinity of the site will have a

detrimental effect on pedestrians, local

access and the character of the area.

As reported in the Shad Thames Pumping Station Environmental Statement (Doc ref: 6.2.19) there will be a minor adverse effect (not significant) on pedestrians, highway users, parking users and emergency vehicles. As stated in the CoCP Part A,

To be discussed with LB Southwark to confirm issue now

Comment [S18]: By the time

the constructor / contractor

develops this plan / strategy it will

be too late to re-consider the

suitability of Chambers Wharf

should apparent site constraints

result in unacceptable impacts on

the local highway network e.g.

HGVs queuing on surrounding

streets. An assessment of practical

viability is therefore required in

evidence presented as part of the

consent process.


Second SoCG


63 DRAFT




Section 5, pedestrian access will be maintained.

resolved

14 These changes would require costly

and disruptive works to re-locate

utility services.

Diversions to utility services will take place prior to the main works. These works will not have a worse effect than reported in the Environmental Statement.



15 The proposed site is located in an area

undergoing significant development

which will increase pressure on the

local road network

TTT used two sources to inform the inclusion of the committed developments, the HAM models, as provided by TTT and the cumulative development search as undertaken by the TTT team. Further information on the committed developments identified through the TTT search can be found in Appendix N of each site Environmental Statement volume.

Yes To be discussed

with LB

Southwark to

confirm issue

now resolved

Conclusions of


and TA remain

appropriate.

This will be reviewed as part of submission of detailed traffic management scheme by contractor at a future date.

16 The proposed construction routes have

a high level of recorded collisions

involving pedestrians and cyclists

The project is committed to the highest safety standards, section 5.2 of the CoCP

Yes To be discussed

with LB

Southwark to

Comment [S19]: Proposals to be considered on their merits

through standard Highways Act process. No engagement to date

with Southwark Network

Management.

Comment [S20]: Proposals to be considered on their merits

through standard Highways Act

process. No engagement to date

with Southwark Network

Management.


Second SoCG


64 DRAFT




Part A (December 2013) provides measures to reduce conflicts between construction vehicles and pedestrians/cyclists.

confirm issue

now resolved

17 Impacts from the site need to be

considered in conjunction with those

from the proposed drive site at

Chambers Wharf – both share the

same construction route

The project-wide transport assessment considered the transport effects from the project across London.

Yes To be discussed

with LB

Southwark to

confirm issue

now resolved

Conclusions of


and TA remain

appropriate.

This will be reviewed as part of submission of detailed traffic management scheme by contractor at a future date.

18 The Lower Road gyratory prevents

direct access to the site. The project

will need to support the planned

removal of the gyratory

The project is supporting the planned removal of the Lower Road gyratory. In addition, a contribution towards improvements is proposed in the Draft Section 106 Agreement.

Yes To be discussed

with LB

Southwark to

confirm issue

now resolved

19 Lower Road is an important cycle

route. The project will need to support

the delivery of Cycle Superhighway

Route 4 and minimise the interaction

between construction traffic and

The project is supporting the delivery of Cycle Superhighway Route 4 . Measures to reduce interaction between construction traffic and cyclists are included in Section

Yes To be discussed with LB Southwark to

Comment [S21]: Southwark traffic modelling predicts delays at

the Lower Road gyratory during

periods of ‘all by road’

construction.

Comment [S22]: Discussions

on-going regarding proposed

contribution.


Second SoCG


65 DRAFT




cyclists 5.2 of the CoCP Part A (December 2013). In addition, a contribution towards improvements is proposed in the Draft Section 106 Agreement.

confirm issue now resolved

Transport Strategy

Matters agreed Relevant Local Authority to approve Sustainable Freight Transport Plans and any derogation by the Relevant Authority. NB this is taken to mean that the council

will have power to approve and refuse plans and derogations [this is subject to confirmation from the applicant, but is implied in the most recent version of the

Strategy]. NB the council still contends that such derogations are best addressed via standard procedures under the Highways Act. NB agreement does not extend to

‘short notice’ derogations (these bypass the Relevant Authority) or ‘exceptional circumstances’ provisions, which are still disputed.

Matters not agreed

The Transport Strategy does not provide sufficient guarantees that the target for transport by river will be achieved and allows for indefinite ‘all by road’ operation if

river transport becomes uneconomic.

The Transport Strategy proposes that ‘short notice’ unforeseen derogations to the planned strategy may be made without the Highway Authority’s consent.

For sites such as Chambers Wharf there needs to be recognition of the significant knock on implications arising from a change in the transport strategy, and this

needs to be taken into account in the decision making process. It may well be the case that a reduction in river transport is acceptable at some sites more than others

and the decision making process needs to recognise this.

The ‘exceptional circumstances’ review mechanism is not considered appropriate as it represents a weakening of the applicant’s commitment to the use of river

transport and asserts the primacy of economic considerations over social and environmental impacts.

The council recognises the preference in the NPS for river rather than road transport where this is cost effective, but note that this must also be properly balanced

against other policy considerations including health and quality of life.

Comment [S23]: See above.


Second SoCG


66 DRAFT

The council seeks a firm commitment to a minimum percentage of materials to be transported by river and believes this is compatible with the relevant regulatory

framework for the water industry.

Any review mechanism also needs to acknowledge the particular circumstances at Chambers Wharf, where there are very real risks that a reduction in the amount of

material transported by river would result in adverse impacts upon the local environment, most particularly upon residents on Bevington Street and Chambers Street,

and the learning environment of children at Riverside Primary School.

Any review mechanism also needs to establish thresholds beyond which a) additional mitigation would be required, and b) it would simply be unacceptable for the

project to proceed due to the severe impacts upon the local environment and traffic conditions.

In order to make a fully informed and considered decision, a full and robust assessment would be required of the implications of changes to the transport strategy.

Relevant statutory consultees, interested parties, community groups and residents will need to be consulted on proposed changes. It is not possible to determine

know what an appropriate timescale would be until further details of the mechanism are known, but to allow for proper consultation and consideration a period of at

least three months would likely be required. There would also need to be a further lead in period from the decision to implementation in order to allow for any

further mitigation to be provided.

The best placed decision maker to determine acceptability of changes in the transport strategy for each site would be the host local authority in consultation with

relevant adjacent local authorities, consultees, other interest groups and residents/community groups.

The council notes that a change to transport strategy as described in the document would represent a fundamental change to the project as a whole with potentially very significant impacts at Chambers Wharf and other sites. The changes are most likely to amount to material changes that strike to the heart of the examination's consideration of the impacts of the project regarding noise and transportation implications.

Appendices

Second SoCG


67 DRAFT

Appendix ET TWUL Draft DCO Requirements

LBS has submitted its proposed project wide and site specific requirements (Chambers

Wharf) as part if its written submissions to the ExA on 13th

January 2014.

Interpretation

1.——(a) Where under any of the requirements the approval or agreement of the discharging

authority or another person is required, that approval or agreement must be given in writing.

(1) Where any requirement provides that the authorised project is to be carried out in accordance

with a document or the details approved by the discharging authority, the document or approved

details shall be taken to include any amendments or revised documents or plans that may

subsequently be approved or agreed by the discharging authority, or other consent, agreement or

approval of the discharging authority.

(2) Where any requirement specifies “unless otherwise approved” or “unless otherwise agreed”

by the discharging authority or requires the applicant to demonstrate the existence of exceptional

circumstances such approval shall not be given or exceptional circumstances agreed except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the

discharging authority that the subject-matter of the approval sought or the undertaker's proposed

response to exceptional circumstances is unlikely to give rise to any materially new or materially

different environmental effects from those assessed in the Environmental Statement.

(3) Subject to (2) where any requirement refers to a document or plan, that document or plan

shall be taken to be the version certified by the Secretary of State pursuant to the provisions of this Order.

(4) Where site specific requirements specify ‘commencement of development’ they refer to the

commencement of development on that site only.

(5) Where site specific requirements refer to Landscaping they refer to the zone within which

required landscaping would be located, identified on the site works parameter plans. Elsewhere,

land restoration will be undertaken in accordance with Article 34(4) of the DCO.

Project wide requirements

2. The table below sets out the requirements for the Project as a whole —

Title Ref Text

Interpretation /

definitions

PW1 In this Schedule—

“Air Management Plan” means the document with reference

number 7.14;

“Approved plans” means those drawings listed at part 4 of

Schedule 2 to the DCO;

“CoCP Part A” means the Code of Construction Practice Part

A: General Requirements (document reference number 7.19)

as amended or varied by the CoCP Part B for each site;

“CoCP Part B” means the Code of Construction Practice Part

B: Site Specific Requirements (document reference number

7.19);

“Design Principles” means the document with reference

Formatted: Left: 3.17 cm,Right: 3.17 cm, Width: 21 cm,Height: 29.7 cm

Formatted: Font: (Default)Times New Roman, 10.5 pt,Superscript

Deleted: :T

Appendices

Second SoCG


68 DRAFT

Title Ref Text

number 7.17;

“Draft Project Framework Travel Plan” means the document

with reference number 7.11;

“Heritage Statement” means the document with reference

number 5.3;

“Highways Structures” means [x];

“Overarching Archaeological WSI” means the Overarching

Archaeological Written Scheme of Investigation (document

reference number 7.13);

“relevant stakeholder” means any of the following

organisations which may be relevant in the opinion of the local

planning authority depending on the nature of any proposed

amendment to the Code of Construction Practice to be

considered for approval by the local planning authority: the

Environment Agency, the local highway authority, Transport

for London, the Port of London Authority, the Marine

Management Organisation or The Historic Buildings and

Monuments Commission for England;

“TfL” means Transport for London;

Time limits PW2 The authorised development must be commenced within 5 years

of the date of this Order.

Phasing of

authorised

development –

Project Wide

PW3 The proposed construction phasing of the authorised project

setting out the sequence of works numbered 1a, 1b, 1c, 1d, 7 and

20 shall be sent to the local planning authorities for information,

no later than two months before the commencement of

development.

The works shall be undertaken in accordance with the proposed

construction phasing.

Phasing of authorised

development – Site

Specific

PW4 No later than 2 months prior to the commencement of development of each of the work numbered 2 to 19 and 21 to 27,

the proposed phasing of the authorised project on the site shall

be submitted to the local planning authority for information.

These details shall also include, for each part of the authorised

project, the details of the body responsible for the undertaking of those works and the location and period of those works.

In so far as there are revisions to the construction phasing, they

shall be submitted to the local planning authority for information on a quarterly basis.



Drive strategy PW5 The tunnelling works that form part of the authorised

development shall be driven in the directions as set out below:

Work

number

From To

Appendices

Second SoCG


69 DRAFT

Title Ref Text

1a Carnwath Road Riverside

Acton Storm tanks

1b Kirtling Street Carnwath Road

Riverside

1c Kirtling Street Chambers Wharf

1d Chambers Wharf Abbey Mills Pumping

Station

7 Dormay Street King George’s Park

7 Dormay Street Carnwath Road Riverside

20 Greenwich

Pumping Station

Chambers Wharf

CoCP Part A PW6 The works described in Schedule 1 shall be carried out in

accordance with the Code of Construction Practice (Part A)

subject to site specific amendments or variations through the

approval of a revised Code of Construction Practice (Part B),

unless otherwise agreed by the relevant local planning authority,

in consultation with other relevant stakeholders.

Design Principles

[under review]

PW7 [Each of the works described in Part 1 of Schedule 1shall be

carried out in accordance with the Design Principlesunless

otherwise approved by the relevant local planning authority.]

Air Management

Plan

PW8 The authorised development shall be operated and maintained in

accordance with the Air Management Plan, unless otherwise approved by the [DRAFTING NOTE - TO BE CONFIRMED] in

consultation with the relevant local planning authorities. Prior to

bringing the tunnel into use details of odour management and

monitoring for each site shall be submitted to the relevant local

planning authority for information

Monitoring of and

protective works to listed buildings and

structures (including from settlement)

PW9 1) Where monitoring of effects on any listed building or

structure is proposed instrumentation and monitoring equipmentshall be temporarily attached in accordance with the

principles set out in section 3.7 of the Heritage Statement unless otherwise approved by the relevant local planning authority in

consultation with The Historic Buildings and Monuments

Commission for England in advance of the equipment being attached.

2) Prior to undertaking any intrusive protective works or mitigation which might affect the heritage significance of any

Listed buildings or structures, either during construction or to

mitigate the effects of construction, details of these works shall

be submitted to and approved by the relevant local planning

authority in consultation with The Historic Buildings and Monuments Commission for England.

3) The works will be done in accordance with the approved

Appendices

Second SoCG


70 DRAFT

Title Ref Text

details unless otherwise agreed by the relevant local planning

authority in consultation with The Historic Buildings and

Monuments Commission for England.

Built Heritage

recording

PW10 1) Prior to demolition or removal of the built heritage assets set

out in appendix C of the Overarching Archaeological Written

Scheme of Investigation (WSI) a Site Specific Archaeological

WSI (which shall accord with the Overarching Archaeological

WSI) setting out how the asset shall be recorded shall be submitted to and approved by the relevant local planning



2) The works to record the built heritage shall be undertaken in

accordance with the approved details unless otherwise agreed by

the relevant local planning authority in consultation with The

Historic Buildings and Monuments Commission for England.

Signage for

temporary footpath

diversion

PW11 1) Prior to implementing any temporary diversion of a public

right of way a scheme for temporary signage at points of

changes in direction shall be submitted to and approved by the

local planning authority in consultation with the relevant

highway authority. Any approved temporary diversions must be

publicised in order to give adequate notice to pedestrians and

cyclists.

2) The signs shall be erected and maintained as approved

throughout the period of construction unless otherwise agreed by

the local planning authority in consultation with the relevant

highway authority.

Interpretation

Strategy

PW12 A project wide heritage interpretation strategy shall be

developed and submitted to The Historic Buildings and

Monuments Commission for England for approval within 12

months of the start of construction, in accordance with the

OAWSI and Design Principle HRTG.07. The Strategy will be implemented at the site level through the landscaping details to

be submitted for the approval of the local planning authorities.

The authorised development will be carried out in accordance

with the approved strategy unless otherwise approved by the

local planning authorities, in consultation with The Historic Buildings and Monuments Commission for England.

Excavated material

andwaste

PW13 Excavated material andwaste arising during construction of the

authorised development shall bemanaged in accordance with the

Excavated Material and WasteCommitments (document ref.

XXXX), unless otherwise agreed with the Environment Agency.

Groundwater and

dewatering

monitoring and

management

PW14 Groundwater and dewatering monitoring and management shall

be carried out in accordance with the Groundwater

Environmental Management – Dewatering and Monitoring

Strategy (document ref. XXXX), unless otherwise approved by

the Environment Agency.

Operational noise PW15 1) Prior to the commencement of the use of the Tunnel, a noise

report shall be submitted to and approved by the relevant local

Appendices

Second SoCG


71 DRAFT

Title Ref Text

planning authority at each site. This report shall demonstrate that

baseline noise design rating levels for plant and machinery are

[5dB (A)] below the typical background noise level, as defined

in BS 4142:1997, at the nearest residential receptor over the operational period of the Plant.

2) The works shall be carried out in accordance with the

approved details, unless otherwise approved by the local

planning authority

Site specific requirements


The table below sets out the specific requirements for the Shad Thames Pumping Station site—

Title Ref Text

CoCP Part B SHTPS 1 The construction works at this site shall be carried out in

accordance with the CoCP Part A, as amended or varied

by the CoCP Part B for this site, unless otherwise

approved by local planning authority in consultation

with other relevant stakeholders.

Detailed design approval for

permanent above

ground structures

SHTPS 2 (1) 1) Prior to the commencement of construction of

the electrical switchgear and facilities building and alterations to the Maguire Street elevation of the existing

pumping station building, details of the design including

external appearance and materials which shall accord

with the Design Principles, the Site Works Parameter

Plan , the proposed roof plan (Drawing No. DCO-PP-18X-SHTPS-200007), the indicative proposed elevations

(Drawing NosDCO-PP-18X-SHTPS-200010, DCO-PP-

18X-SHTPS-200011 and DCO-PP-18X-SHTPS-200013

– Rev 1), and the indicative proposed Layout plans

(Drawing Nos. DCO-PP-18X-SHTPS-20008 and DCO-

PP-18X-SHTPS-20009) shall be submitted to and

approved by the local planning authority.

(2) 2) The authorised development shall be carried out

in accordance with the approved details unless otherwise


Contaminated land SHTPS 3 Site specific remediation strategy

1. Unless agreed in writing by the local planning

authority in consultation with the Environment

Agencyno works shall be undertaken at this site (save for demolition of existing buildings, worksin the highway

including site access, works to trees and installation of

monitoring equipment)until the following has been

submitted to and approved by the local planning

authority, in consultation with the Environment Agency.

a. A preliminary risk assessment and site

investigation scheme which has identified:

(i) all previous uses

(ii) potential contaminants associated with those

Appendices

Second SoCG


72 DRAFT

Title Ref Text

uses

(iii) a conceptual model of the site indicating

sources, pathways and receptors

(iv) qualitative risk assessment of any potentially

unacceptable risks arising from contamination at the site.

(v) proposed site investigation scheme providing

information for a detailed quantitative assessment of the

risk to all receptors that may be affected, including those

off site.

b. A remediation strategy which includes:

(i) detailed quantitative assessment of the risk

(ii) options appraisal giving full details of the

remediation measures required and how they are to be

undertaken.

(iii) A verification plan providing details of the data

that will be collected in order to demonstrate that the

works set out in the remediation strategy are complete and identifying any requirements for long-term

monitoring of pollutant linkages, maintenance and arrangements for contingency action.

(iv) a programme for the submission of elements

detailed in 4 and 5. 2.

2) The works shall be undertaken in accordance with the

approved details unless otherwise agreed with the local

planning authority, in consultation with the Environment Agency.

Verification report

3. Prior to completion of the works a verification report

demonstrating completion of works set out in the

approved remediation strategy and the effectiveness of

the remediation shall be submitted to and approved by

the local planning authority, in consultation with the

Environment Agency. The report should include results

of sampling and monitoring carried out in accordance

with the approved verification plan to demonstrate that

the site remediation criteria have been met. It should also

include a long-term monitoring and maintenance plan for

long-term monitoring of pollutant linkages, maintenance

and arrangements for contingency action, as identified in

the verification plan.

4. The long-term monitoring and maintenance plan

should be implemented as approvedunless otherwise

agreed with the local planning authority, in consultation

with the Environment Agency.

Unexpected contamination

5. If in undertaking any works on this site, contamination

not previously identified is found to be present at the

site, then unless otherwise agreed by the local planning

authority, no further development or works shall be

Appendices

Second SoCG


73 DRAFT

Title Ref Text

carried out in the part of the site in which the

contamination has been identified until a remediation

strategy has been submitted to and approved in writing

by the relevant local planning authority, in consultation with the Environment Agency. The remediation works

on this site shall be carried out in accordance with that

remediation strategy unless otherwise approved in

writing by the local planning authority.

Archaeological

works

SHTPS 4 1) Prior to undertaking any excavation a Site Specific

Archaeological Written Scheme of Investigation (WSI)

(which shall accord with the Overarching Archaeological

WSI) shall be submitted to and approved by the local

planning authority.

2) The archaeological works shall be undertaken in

accordance with the Site Specific Archaeological WSI

and carried out by a suitably qualified person or body.

Transport

Construction Traffic

Management Plan

SHTPS 5 1) Work no.18 shall not commence until a traffic

management plan (which shall accord with the CoCP) shall be submitted to and approved by the local planning

authority in consultation with Transport for London.

2) The development shall be carried out in accordance

with the approved details unless otherwise approved by

the local planning authority in consultation with

Transport for London.

Travel Plan SHTPS 6 1) Work no. 18 shall not commence until a site-specific

construction workforce travel plan in accordance with

the Draft Project Framework Travel Plan has been


authority in consultation with TfL.

2) The approved travel plan(s) shall be implemented from the commencement of development of work no. 18

and shall continue to be in place for the duration of the

construction works, unless otherwise approved by the

local planning authority in consultation with TfL.

Specification of

accesses (operational and construction)

SHTPS 7 1) Before alterations are made to any existing access or

any new access is provided, details of the design of such alterations or new accesses shall be submitted to and

approved by the local highway authority and any such

works shall be completed prior to the commencement of their use.


approved details unless otherwise approved by the

highway authority.

Section 106

Agreement

SHTPS 8 No authorised development shall be commenced on this

site unless and until the undertaker has entered into the

Shad Thames Pumping Station Section 106

Agreement/Undertaking [to be appended/referred to]

Appendices

Second SoCG


74 DRAFT

Chambers Wharf

The table below sets out the specific requirements for the Chambers Wharf site—

Title Ref Text

CoCP Part B CHAWF1 The construction works at this site shall be carried out in



approved by local planning authority in consultation with

other relevant stakeholders.

Detailed design

approval for permanent above

ground structures

CHAWF2 1) Prior to the commencement of construction of the

electrical and control kiosk, details of the design, including size, external appearance and materials, which

shall accord with the Design Principles and the Site Works Parameter Plan shall be submitted to and approved by the

local planning authority.

2) The authorised development shall be carried out in accordance with the approved details unless otherwise


Detailed design

approval for signature ventilation columns


signature ventilation columns details of the height, dimensions, external appearance and materials which shall

accord with the ventilation column type C (Drawing No.

DCO-PP-900-ZZZZZ-290003) shall be submitted to and


2) The ventilation columns at this site shall not exceed 6

metres in height

3) The authorised development shall be carried out in

accordance with the approved details unless otherwise approved by the local planning authority.

Detailed design

approval River wall

CHAWF4 1) Before the commencement of construction of the

replacement river wall the detailed design (including

external appearance and materials) which shall accord

with the design principles for this site and the Site Works

Parameter Plan shall be submitted to and approved by the



accordance with the approved details unless otherwise


Temporary Works

Platform

CHAWF5 1) The maximum extent of the temporary works platform to be provided within the foreshore shall not extend

beyond the alignment shown on the Site Works Parameter

Plan.

2) Should the alignment be less than the maximum extent

shown on the Site Works Parameter Plan the details of the

proposed structure(s) (including additional lengths of

cofferdam, temporary decking areas and pontoons) shall

be submitted to and approved by the Port of London

Authority in consultation with the Environment Agency

Appendices

Second SoCG


75 DRAFT

Title Ref Text

prior to prior to commencing construction of the

temporary works platform.

Works in the river CHAWF6 1) Works in the river shall not commence until a detailed Method Statement and Navigational Risk Assessment has

been submitted to and approved by the Port of London

Authority.


approved details unless otherwise approved by the Port of London Authority.

Contaminated land CHAWF7 Site specific remediation strategy

1. Unless agreed in writing by the local planning authority

in consultation with the Environment Agencyno works

shall be undertaken at this site (save for demolition of

existing buildings, worksin the highway including site

access, works to trees and installation of monitoring

equipment)until the following has been submitted to and

approved by the local planning authority, in consultation





(ii) potential contaminants associated with those uses

(iii) a conceptual model of the site indicating sources,

pathways and receptors






off site.





undertaken.



works set out in the remediation strategy are complete and

identifying any requirements for long-term monitoring of pollutant linkages, maintenance and arrangements for

contingency action.

(iv) a programme for the submission of elements detailed in 4 and 5. 2.



planning authority, in consultation with the Environment

Agency.

Appendices

Second SoCG


76 DRAFT

Title Ref Text

Verification report



approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved by the

local planning authority, in consultation with the

Environment Agency. The report should include results of

sampling and monitoring carried out in accordance with

the approved verification plan to demonstrate that the site remediation criteria have been met. It should also include

a long-term monitoring and maintenance plan for long-

term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the

verification plan.

4. The long-term monitoring and maintenance plan should

be implemented as approvedunless otherwise agreed with

the local planning authority, in consultation with the Environment Agency.



not previously identified is found to be present at the site,

then unless otherwise agreed by the local planning




strategy has been submitted to and approved in writing by

the relevant local planning authority, in consultation with

the Environment Agency. The remediation works on this

site shall be carried out in accordance with that

remediation strategy unless otherwise approved in writing

by the local planning authority.

Tunnel Land Quality

Assessment

CHAWF8 Tunnel remediation strategy

1. No tunnelling works from this site shall be undertaken until the following has been submitted to and approved by




(i) all previous uses within the vicinity of the tunnel


(iii) a conceptual model of the tunnel alignment

indicating sources, pathways and receptors


unacceptable risks arising from contamination in the

vicinity of the tunnel.




off site.


Appendices

Second SoCG


77 DRAFT

Title Ref Text




undertaken.




identifying any requirements for long-term monitoring of

pollutant linkages, maintenance and arrangements for

contingency action.


detailed in 4 and 5. 2. The works shall be undertaken in


agreed with the Environment Agency.


no tunnelling works shall be undertaken until the matters

in paragraph 1 have been approved.

Tunnelverification report

3. Prior to work no. 1a being brought into use a

verification report demonstrating completion of works set

out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and

approved by the Environment Agency. The report should

include results of sampling and monitoring carried out in

accordance with the approved verification plan to

demonstrate that the site remediation criteria have been met. It should also include a long-term monitoring and

maintenance plan for long-term monitoring of pollutant

linkages, maintenance and arrangements for contingency

action, as identified in the verification plan.




Tunnelunexpected contamination

5. If in undertaking the tunnelling works, contamination not previously identified is found to be present, a revised

remediation strategy shall be submitted to and approved in

writing by the Environment Agency. The remediation

works shall be carried out in accordance with that

remediation strategy unless otherwise approved in by the Environment Agency.

Archaeology CHAWF9 1) Prior to undertaking any excavation a Site Specific



WSI) shall be submitted and approved by the local

planning authority in consultation with The Historic

Buildings and Monuments Commission for England.


Appendices

Second SoCG


78 DRAFT

Title Ref Text

accordance with the Site Specific Archaeological WSI and

carried out by a suitably qualified person or body.


Management Plan

CHAWF10 1) Work no.19a shall not commence until a traffic

management plan (which shall accord with the CoCP)

shall be submitted to and approved by the local planning




the local planning authority in consultation with Transport

for London.

Travel Plan CHAWF11 1) Work no. 19a shall not commence until a site-specific

construction workforce travel plan in accordance with the

Draft Project Framework Travel Plan has been submitted

to and approved by the local planning authority in

consultation with TfL.

2) The approved travel plan(s) shall be implemented from

the commencement of development of work no. 19a and

shall continue to be in place for the duration of the construction works, unless otherwise approved by the


Specification of

accesses (operational

and construction)

CHAWF12 1) Before alterations are made to any existing access or

any new access is provided, details of the design of such

alterations or new accesses shall be submitted to and


works shall be completed prior to the commencement of

their use.



highway authority.

Site restoration CHAWF13 1) In the event that the approved residential development

does not proceed within 3 months after completion of the authorised works at this site a site restoration scheme

which shall accord with the design principles for this site

shall be submitted for approval to the local planning

authority.

2) The site restoration scheme details in paragraph 1

above shall include the following details:

a) proposed finished ground levels;

b) Temporary fences or other means of enclosure.


approved details unless otherwise approved by the local

planning authority.

Section 106

Agreement

CHAWF14 No authorised development shall be commenced on this

site unless and until the undertaker has entered into the Chambers Wharf Section 106 Agreement/Undertaking [to

be appended/referred to]

Appendices

Second SoCG


79 DRAFT

Appendix F:TWUL response to LB Southwark’s proposed DCO Requirements

Table F.1 LB Southwark requested project wide requirements and TWUL response

Ref LBScomment/proposed requirement

TWUL response

Project-wide requirements

1. Please note that the definition of local planning authority must include London Borough of Southwark for the project wide requirements insofar as they apply to the Earl Pumping Station and the Blackfriars Bridge Foreshore sites.

PW 1 Interpretation refers to ‘relevant stakeholder’ which may include the London Borough of Southwark as neighbouring local authority in relation to works at Earl Pumping Station and Blackfriars Bridge Foreshore. This would be at the discretion of the London Borough of Lewisham and City of London as the relevant local planning authorities.

2. The authorised development shall be commenced within three years of the date of this Order.

The current programme is to deliver the project as soon as possible because there is an urgent need for early implementation. However, it is appropriate to allow maximum flexibility with a 5 year implementation period for the following reasons:

- The DCO application and variation procedures are complex and protracted, so it is important that if there are any unexpected amendments to elements of the scheme design which require re-submission the original consent will still be valid for as long as possible

- Unexpected delays could be introduced by the appointment of the Infrastructure Provider and main works contractor(s) which would again require the original consent to be valid for

Appendices

Second SoCG


80 DRAFT


TWUL response

as long as possible

- In the event of legal challenge, maximum flexibility in regards to a 5 year implementation period would be required

3. The construction phasing of the authorised development shall proceed in accordance with the approved construction phasing programme [refer to approved document].

Any variations to this programme shall be submitted to and agreed in writing by the Greater London Authority following consultation with the relevant stakeholders including all local planning authorities. Such submissions shall include detailed justification for any proposed changes to the construction programme. The construction programme shall subsequently accord with such approved details.

Details regarding construction phasing cannot be submitted as part of the application for development consent, as detail regarding phasing of the works is not yet known and will not be establisheduntil the main works contractor is appointed and detailed working methods are developed.

Requirement PW3 Phasing of authorised development – Project wide (as amended in 9 December 2013 revision) requires the contractor to submit the proposed construction phasing to the local authority for information. The works will be undertaken in accordance with the proposed construction phasing.

Construction phasing will be based on engineering and health and safety considerations which need to be considered on a project-wide basis. Additional consultation on these matters would cause unacceptable risk to the programme.

The CoCP (section 3) provides that a

website will be established that will

provide information on the forecast and

actual passage of thetunnel boring

machines (TBMs). The contractor will be

required to distribute leaflets along the

route of the tunnel drives, giving notice of

the forecast passage of the TBMs as the

work progresses.

4. The construction phasing for each site (work numbers 2 to 27) shall

Please refer above to row 3.

Requirement PW4 Phasing of

Appendices

Second SoCG


81 DRAFT


TWUL response

be carried out in accordance with the approved site specific phasing details [refer to approved document]. Any variations to such phasing details shall have first been submitted to and approved in writing by the relevant local planning authority and shall include detailed justification for any proposed changes to the construction programme. The site specific construction programme shall subsequently accord with such approved details.

authorised development – Site specific (as amended in 9 December 2013 revision) provides that phasing details and revisions to the construction phasing will be submitted to the local authority no later than 2 months prior to the commencement of development of the relevant work number for information. The details will include the body responsible for undertaking the works, as well as the location and period of the works, insofar as there are revisions to the construction phasing. The works will be undertaken in accordance with the proposed construction phasing.

The CoCP Part A, para. 3.1.1 provides for community liaison, including ensuring that occupiers of nearby properties are informed in advance of works taking place. We have also committed to establishing a community liaison working group (CLWG) at Chambers Wharf, which will operate throughout the project. One of the functions of the group would be to ensure early notification is given to neighbours of particular noise and construction events.

We consider the measures in the CoCP alongside the commitment to establish a CLWG to be reasonable and sufficient.

5. Work number 1d:

From Abbey Mills Pumping Station to Chambers Wharf

This is not accepted. The response to the Examining Authority’s (ExA) first written question 14.25 provides an explanation and rationale for the selection of the Chambers Wharf as the main tunnel drive site and Abbey Mills Pumping Station as

Appendices

Second SoCG


82 DRAFT


TWUL response

the main tunnel reception site.

6. The works to construct the Thames Tideway Tunnel shall be carried out in accordance with the approved Design Principles unless otherwise agreed in writing by the relevant local planning authority and adjacent planning authorities.

Text ‘in writing’ is not necessary as is covered in Schedule 3, Interpretation (1).

7. The works to construct the Thames Tideway Tunnel shall be carried out in accordance with the approved Design Principles unless otherwise agreed in writing by the relevant local planning authority and adjacent planning authorities.

Please see response provided in row 6. It is appropriate and normal practice for the local planning authority to be the decision maker. They may choose to consult a neighbouring authority at their discretion.

8. The authorised development shall be constructed, operated and maintained in accordance with the approved Air Management Plan unless otherwise approved in writing by the Greater London Authority in consultation with the local planning authorities.

Amendment to include ‘constructed’ is not accepted. Requirement PW8 applies to the operational phase of the project, which requires that project be operated and maintained in accordance with the Air management plan. The CoCPPart A, Section 2.3 includes provision for an air quality management plan, which will be part of the construction environmental management plan (CEMP).

9. 1) Where monitoring of effects on any listed building or structure is proposed instrumentation and monitoring equipment shall be temporarily attached in accordance with the principles set out in[section 3.7 of] the Heritage Statement unless otherwise approved in writing in advance of equipment being attached by the relevant local planning authority in consultation with English Heritage. 2) Prior to undertaking any intrusive protective works or mitigation which might affect the heritage significance of any Listed buildings or structures, either during construction or to mitigate the effects of construction,

Requirement revised (9 December 2013 revision) to include additional text requested by LB Southwark ‘in advance of the equipment being attached’.

Refer also to response provided in row 6.

Appendices

Second SoCG


83 DRAFT


TWUL response

details of these works shall be submitted to and approved in writing in advance of any such works or mitigation being undertaken by the local planning authority in consultation with English Heritage. 3) The works shall be undertaken in accordance with the approved details unless otherwise agreed in writing by the relevant local planning authority in consultation with English Heritage.

10. 1) Prior to demolition or removal of the built heritage assets set out in appendix C of the Overarching Archaeological Written Scheme of Investigation (WSI) a Site Specific Archaeological WSI (which shall accord with the Overarching Archaeological WSI) setting out how the asset shall be recorded shall be submitted to and approved in writing by the relevant local planning authority in consultation with English Heritage. 2) The Site Specific Archaeological WSI shall be undertaken in accordance with the approved details unless otherwise agreed in writing by the relevant planning authority in consultation with English Heritage.

Requirement revised (9 December 2013 revision) to stipulate that the works to record the built heritage be undertaken in accordance with the approved details unless otherwise agreed by the relevant planning authority and The Historic Buildings and Monuments Commission for England. The revised requirement is consistent with LB Southwark’s requested requirement.

Refer also to response provided in row 6.

11. No comments N/A

12. No comments N/A

Table F.2 LB Southwark requested site specific requirements and TWUL response

Ref LBSproposed requirement TWUL response


1. Prior to the commencement of each phase of construction works, aConstruction Environmental Management Plan (CEMP) shall besubmitted to and approved by the local planning authority. The CEMP willadhere to the approved Code of Construction Practice (Parts A & B).

Requested requirement is not accepted. The plans referred to in LBS’ requested requirement will form part of the construction environmental management plan (CEMP), save for an Operational UXO risk management plan (refer to the CoCP Part A, Section 2.3). The CoCP provides that the CEMP

Appendices

Second SoCG


84 DRAFT


The construction works shall be carried out in accordance with theapproved CEMP with any subsequent variations being firstly agreed inwriting by the local planning authority.

The CEMP submitted for approval shall include the following:

a) Pollution incident response plan

b) Emergency preparedness plan

c) Lighting management plan

d) Traffic management plan

e) Noise and vibration management plan

f) Air quality, dust and odour management plan

g) Water resources management plan

h) Site waste management plan

i) Ecology and landscape management plan

j) Heritage management plan

k) Community liaison plan

l) Resource management and sustainability plan

m) Operational UXO risk management plan

(n) River Transport Management Plan

(o) Site Operation Plan (including working hours and event restrictions)

(p) Energy Management Plan

*Note: This assumes that the CoCP (Parts A & B) has been agreed by therelevant parties prior to the end of the examination period. Should this not thecase, an updated CoCP will need to be submitted to and approved by therelevant Local Authorities (in consultation with the Environment Agency, TfL,Natural England and English Heritage) prior to the

will be in accordance with the CoCP and that it will be prepared in consultation with the local authority.

In regards to unexploded ordnance (UXO), a risk assessment will be completed by the contractor for the possibility of UXO being found on all sites (CoCP Part A, section 4.13.1). Any confirmed UXO will be managed and made safe by a suitably qualified specialist, therefore a separate management plan is not considered necessary.

Site working hours are covered in the CoCP Part A and B, Section 4. Working hours will also be detailed in the section 61 consent, which will be for approval by the local authority.

The traffic management plan will include river transport and navigational controls and a site specific river transport management plan will be prepared for each site, in consultation with the local authority, the PLA, Maritime Coastguard Agency and key river users.

Accordingly, the CEMP controls are fully defined in the CoCP Part A and the Contractor will be required to comply with this.

There has been an extensive programme of consultation on the CoCP and stakeholder views have been incorporated where possible, but final decision making on the CoCP must rest with the body responsible for delivery of the works.

Appendices

Second SoCG


85 DRAFT


commencement of anyworks.

2. a) Detailed drawings of the layout of the site for each phase of theconstruction works shall be submitted to and approved by the localplanning authority prior to the commencement of each phase of works.

These details shall include the layout and siting of all buildings, structures,plant, working areas, storage, parking (for vehicles and cycles), turningspace, access roads and manoeuvring areas. The construction worksshall be carried out in accordance with the approved details with anysubsequent variations being firstly agreed in writing by the local planningauthority.

b) If, following approval, any of the facilities needs to be moved, the localplanning authority shall be given 14 days notice of any intended move.

Unless the local planning authority gives notice to the contrary within thatperiod, the move can take place.

Requested requirement is not accepted. The construction layout plans illustrate one way in which the construction activities and facilities might be arranged on the site. The layout needs to remain flexible to enable the contractor to develop appropriate working methods once they have been appointed.

The CoCP(Doc ref: 9.21) and B (Doc ref: 9.22) sets out requirements and matters that will have to be complied with by the contractor when detailing the site layout. In particular, the CoCP Part B (Section 4) includes site specific constraints on where certain elements of the construction plant, activities or facilities need to be located or avoided within the site.

These measures will underpin the development of the site layout. The contractor will ensure the optimum arrangement of the site to ensure impacts are minimised (CoCP Part A and B, Section 4). Local authority approval of site layout for each phase of construction works would introduce additional risk of delay. The Section 61 process (CoPA) would give local authority control over the noise generating aspects of the site layout.

3. a) Before any of the following construction buildings or facilities areinstalled, or brought into use on the site, details of their height andexternal appearance shall be submitted to and approved by the localplanning authority:

a) Any building or structure greater

Requested requirement is not accepted. As detailed above (row 14), this level of detail regarding site layout and arrangement of buildings and facilities cannot be provided at this stage and will not be confirmed until the contractor is appointed.

Appendices

Second SoCG


86 DRAFT


than 2 metres in height or a footprintof greater than 25 sq ms,

b) Concrete batching plant.

c) Site power structure.

b) Any building associated with the construction works located within 15metres of a site boundary and over six metres in height shall beaccompanied by a day and sun light report assessing the impact of theparticular building upon adjacent residential properties.

It is considered that the measures in the CoCP provide sufficient controls in regards to ensuring that the site layout minimises impacts on neighbouring properties. Compliance with the CoCP Part A and B is secured by requirements PW6 and CHAWF1.

The CoCP Part B provides additional controls over layout at each site.

4. Details of sound attenuation specifications for all buildings (other thanoffice and welfare buildings), structures and containers used for each phase of construction shall be submitted to and approved in writing by the local planning authority prior to the commencement of each phase ofworks.

Requested requirement is not accepted. The CoCP Part B, Section 6 (as amended 9 December)states that construction area around the main shaft shall be covered by an enclosure/building during the main tunnel construction and secondary lining works. The building shall have cladding with a insitu sound reduction value of at least 20dB. The building openings shall be designed to be away from sensitive noise receptors and shall be kept closed when not in use at night. Only essential use of openings at night. Compliance with the CoCP Part B is secured by DCO requirement CHAWF1.

The Section 61 process (CoPA) would give local authority control over the noise generating aspects of the site layout.

Thames Water has committed to a number of additional measures as set out in Thames Water’s response to issue specific hearing and written representations (doc ref: APP31.02). Refer to Section 2.2 of this response.

5. Details of all site construction Requested requirement is not

Appendices

Second SoCG


87 DRAFT


hoardings, including noise attenuationspecification, location, materials, green planting, height and design shallbe submitted to and approved in writing by the local planning authorityprior to the commencement of any works (including, for the avoidance ofdoubt, site preparation or demolition). Any subsequent variation to theapproved details shall first be submitted to and approved in writing by thelocal planning authority.

accepted. The CoCP Part B: Chambers Wharf (as amended 9 December 2013) states that the local authority shall approve the external appearance of the hoarding. This approval shall not delay the erection of the hoarding, if construction work needs to commence in order to meet the programme. If this occurs, changes to the appearance will be agreed with the local authority and implemented as soon as practicable thereafter.

6. Details of all external lighting, including luminance, light contour drawingsand times of operation shall be submitted to and approved in writing bythe local planning authority prior to the commencement of constructionworks. Any subsequent variation to the approved details shall first besubmitted to and approved in writing by the local planning authority.

A lighting management plan will be prepared as part of the CEMP. This will be for approval by the local authority (CoCP Part A, Section 2.3).

7. No works shall commence until a scheme for noise monitoring,assessment and mitigation for all construction plant and processes hasbeen submitted to and approved by the local planning authority.

The scheme shall include:

- The identification of noise sensitive premises to be used as thelocation for noise monitoring,

- A methodology for monitoring noise to ensure compliance withRequirement 8,

- The location of representative monitoring points outside

Requested requirements in relation to noise and vibration are not accepted.

As detailed in row 4 and with respect to requested requirement (7), Thames Water’s response to issue specific hearing and written representations (doc ref: APP31.02), details the additional package of mitigation measures the project has committed to ensure potential noise and vibration effects are adequately mitigated prior to commencement of construction. We have committed to establishing a community liaison working group

Appendices

Second SoCG


88 DRAFT


residential properties and schools,

- Contingency measures to be taken if noise limits specified in requirement 8 are exceeded,

- The noise parameters to be measured,

- The arrangements for reporting the results of noise monitoring to the Local Planning Authority,

- The arrangements for submitting applications for consent under s61 of the Control of Pollution Act 1974,

- The arrangements for implementing mitigation measures during construction for sensitive premises [such premises to be agreed in accordance with SSP 10 below].

8. Noise from construction works shall give rise to noise levels no higherthan 65dB LAeq (1 hour) and 70dB LAeq (1 minute) at any educationalpremises measures at 1m from the facade of the building during schoolhours in term time, except with the prior approval of the local planningauthority under section 61 of the Control of Pollution Act 1974.

9. Noise levels at any residential property [within X metres of the siteboundary] shall not exceed [noise levels to be confirmed and insertedbelow]:

Phase 1: From 8.00am to 6.00pm –

From 6.00pm to 10.00pm-

From 10.00pm to 8.00am

Phase 2: From 8.00am to 6.00pm

(CLWG) at Chambers Wharf, which will operate throughout the project. One of the functions of the group would be to ensure early notification is given to neighbours of particular noise and construction events. There is scope to include the matters referred to by LBS as part of the function of the working group. Further detail regarding the composition of the group and its functions are currently being considered by the project. We will consult LBS on these matters shortly.

Noise attenuation materials used for noise enclosures and screens on site must have a minimum sound reduction performance of 20db. This commitment is detailed in the CoCP part B, which is secured by requirement CHAWF1. The project has also committed to low vibration piling methods in the CoCP, Part B, Section 6, which removes the significant vibration effect at Luna House and 8-14 Fountain Green Square.

The contractor will be required to submit to the local authority an application for Section 61 consent under the Control of Pollution Act 1974, for each phase of construction. The contractor must demonstrate best practical means in managing noise impacts, and will require site layout, working hours and construction method details to be submitted to the local authority as part of the Section 61 consent.

With respect to LBS’ requested requirements (8), (9) and (10), the Noise insulation and temporary rehousing policyis currently being reviewed to provide a clearer definition of properties and

Appendices

Second SoCG


89 DRAFT


–


From 10.00pm to 8.00am-












From 10.00pm to 8.00am – exceptwith the prior approval of the local planning authority under section61 of the Control of Pollution Act 1974.

10. No works shall commence until a schedule of premises containing peopleor equipment potentially sensitive to disturbance from vibration, or anybuildings potentially at risk of damage from vibration, has been submittedto and approved in writing by the local planning authority. This shall beaccompanied by proposals for monitoring vibration levels, wherenecessary, ensuring that vibration levels do not exceed the thresholds setout in the Code of Construction Practice and that appropriate mitigation orremedial measures are to be employed.

11. No phase of the construction

property types that will be considered ‘special cases’ under the policy. The project has committed to developing trigger action plans (TAPs), based on engagement with property owners/occupiers and detailed surveys, which will identify trigger noise levels for the property and set out the specific mitigation that would be provided in the event that the triggers are exceeded. Schools will now also be considered ‘special cases’, which will be progressed through use of trigger action plans. The TAP will also be used to define thereporting mechanisms if these thresholds are exceeded and theprocedures for implementing corrective actions.

The project has committed to developing a TAP with Riverside Primary School and all qualifying properties in close proximity to Chambers Wharf, prior to appointment of the contractor. This measure would address LBS’ requested requirement (10).

With respect to LBS’ requested requirement (11), the Noise insulation and temporary rehousing policy will be securedthrough a Section 106 obligation given to all relevant local planningauthorities through unilateral undertaking. For qualifying properties, the project commits to delivering noise insulation and other mitigation

prior to commencement of construction.

Appendices

Second SoCG


90 DRAFT


works that is predicted to trigger the criteriafor noise insulation or temporary re - housing as identified in the ThamesWater Thames Tideway Tunnel Noise Insulation and Temporary Re-Housing Policy shall be commenced unless and until:

a) Thames Water or its nominated contractor has written to owners /occupiers of properties that are eligible for noise insulation to offer suchprovision or, where relevant, has written to occupiers to offer temporaryre-housing;

b) In the case of noise insulation, if the owners / occupiers have acceptedthis offer in a timely manner and allowed reasonable access, ThamesWater or its nominated contractor has installed the noise insulation works.

12. Prior to the commencement of Site Demobilisation Works (Phase 5)details of site restoration and landscaping works, along with a timetablefor their implementation and an on going management plan shall besubmitted to and approved in writing by the local planning authority. Thesite restoration and landscaping works shall be carried out in accordancewith the approved details unless otherwise agreed in writing by the localplanning authority.

Requested requirement is not accepted. Site restoration requirement, CHAWF13 has been added (9 December 2013 revision) to require preparation of a site restoration scheme, should the approved residential development not proceed within 3 months after completion of the project.

13. Archaeological Evaluation Works

a) Prior to the commencement of any works on site a Site SpecificArchaeological Written Scheme of Investigation for a programme ofarchaeological evaluation works (WSI) (which shall accord with theOverarching

This is covered by requirement CHAWF9 Archaeology.

Appendices

Second SoCG


91 DRAFT


Archaeological WSI) shall be submitted and approved inwriting by the local planning authority.

b) The archaeological works shall be undertaken in accordance with theSite Specific Archaeological WSI and carried out by a suitably qualifiedand experienced person or body.

14. Archaeological Mitigation Works

a) Subsequent to the results of the archaeological evaluation, and prior tothe commencement of development works on site a Site SpecificArchaeological Written Scheme of Investigation for a programme ofarchaeological mitigation works (WSI) (which shall accord with theOverarching Archaeological WSI) shall be submitted and approved inwriting by the local planning authority.

b) The archaeological works shall be undertaken in accordance with theSite Specific Archaeological WSI and carried out by a suitably qualifiedand experienced person or body.

This is covered by requirement CHAWF9 Archaeology.

15. a) Prior to the commencement of any works, a site contaminationinvestigation and remediation strategy, according with CoCP Part A, alongwith a programme for its implementation, shall be submitted to and beapproved in writing by the local planning authority in consultation with theEnvironment Agency. The investigation and remediation works shall becarried out in accordance with the approved strategy.

b) If, in undertaking any works on the site, contamination not

This is covered by requirement CHAWF7 Contaminated land.

Appendices

Second SoCG


92 DRAFT


previouslyidentified is found to be present, then unless otherwise agreed in writingby the local planning authority, no further development or works shall becarried out in the part of the site in which the contamination has beenidentified until a remediation strategy has been submitted to and approvedin writing by the local planning authority, in consultation with theEnvironment Agency. The remediation works shall be carried out inaccordance with the approved strategy before re-commencement of theworks.

16. Details of construction works air monitoring along with appropriatemitigation measures shall be submitted to and agreed in writing by thelocal planning authority prior to the commencement of any works herebypermitted. The approved air monitoring and mitigation shall be carried outin accordance with the approved detail unless otherwise agreed in writingby the local Planning Authority.

This requirement is not accepted. The CoCP Part A, Section 7.5.1 covers dust and particulate monitoring. During construction, continuous particulate monitoring will be undertaken using appropriate survey instruments at locations agreed with the local authority.

17. Works in the river (including above the mean low water mark ("MLWM")) shall not commence until a detailed Method Statement and Navigational Risk Assessment has been submitted to and approved in writing by thePort of London Authority (in consultation with the local planning authority in respect of works above the MLWM). The works shall be undertaken in accordance with the approved details unless otherwise approved in writing by the Port of London Authority in consultation with the local planning authority in

This is covered by requirement CHAWF6 Works in the river, which requires that works in the river shall not commence until a detailed Method Statement and Navigational Risk Assessment has been submitted to and approved by the PLA.

Appendices

Second SoCG


93 DRAFT


respect of works in the river above the MLWM.

18. Prior to the commencement of any construction works, details of the temporary works platform, including its exact position, design and method of construction, including environmental mitigation measures, shall be submitted to and approved in writing to the local planning authority (in consultation with the Port of London Authority and the Environment Agency)

This is covered in part by existing requirement CHAWF5 Temporary works platform, which requires that the maximum extent of the temporary works platform shall not extend beyond the alignment shown on the Site Works Parameter Plan. Should the alignment of the temporary works platform be less than the maximum extent shown on the Site Works Parameter Plan, the details of the proposed structure(s) shall be submitted to and approved by the PLA in consultation with the EA.

Details regarding method of construction and design cannot be specified until the main works contractor is appointed. This detail needs to remain flexible to meet the contractor’s requirements when they are appointed.

19. No excavated spoil or other material shall be brought onto or stored upon the site from any other location that is not required for or resulting from the specific works at Chambers Wharf as set out in the DCO.

The CoCP Part B: Chambers Wharf (as amended 9 December)states that Chambers Wharf would not be used as a transhipment site for materials from other worksites. The CoCP Part B is secured by requirement CHAWF1.

20. a) No tunnelling works from this site shall be commenced until a tunnel land quality assessment and remediation strategy has been submitted to and approved in writing by the Environment Agency (refer to draft DCO requirement CHAWF8 for full details of what this should include). The scheme shall be implemented in accordance with the approved details.

This is covered by requirement CHAWF8 Tunnel land quality assessment.

Appendices

Second SoCG


94 DRAFT


b) A verification report for demonstrating completion of works set out inthe approved remediation strategy and the effectiveness of theremediation shall be provided. The report should include results ofsampling and monitoring carried out in accordance with the approvedverification plan to demonstrate that the site remediation criteria havebeen met. It should also include a plan (‘long term monitoring andmaintenance plan’) for long term monitoring of pollutant linkages,maintenance and arrangements for contingency action, as identified in theverification plan.

c) The long-term monitoring and maintenance plan shall be implementedas approved.

21. a) Prior to the commencement of construction works, a site specificconstruction workforce Travel Plan shall be submitted to and approved inwriting by the local planning authority in consultation with TfL.

b) The construction works and the travel arrangements around them shallproceed in accordance with the approved Travel Plan, unless otherwiseapproved in writing by the local planning authority in consultation with TfL.

This is covered by requirement CHAWF10 Construction Traffic Management Plan, which requires preparation of a traffic management plan prior to the commencement of Work no. 19a, which will be approved by the local authority in consultation with TfL.

22. a) Prior to the commencement of construction works, details of anyalterations to existing accesses or any new access shall be submitted toand be approved in writing by the local planning authority. The approvedworks shall be completed prior to the commencement of

This is covered by requirement CHAWF12 Specification of accesses (operational and construction). CHAWF12 requires details of the design of any alterations to an existing access or new access, be submitted to and approved by the LB Southwark, before the alterations are made.

Appendices

Second SoCG


95 DRAFT


constructionworks and shall be retained thereafter throughout the construction worksunless otherwise approved in writing by the local planning authority.

The works to later or provide a new access shall be completed prior to commencement of their use.

Inclusion of text ‘in writing’ is not necessary as is covered in Schedule 3, Interpretation (1).

Operational Phase

23. a) Prior to the commencement of construction of the electrical and controlkiosk, details of its siting, dimensions and design, including externalappearance and materials, which shall accord with the Design Principlesand the Site Works Parameter Plan shall be submitted to and approved inwriting by the local planning authority.

b) The development shall proceed in accordance with the approveddetails unless otherwise approved in writing by the local planningauthority.

24. a) Prior to the commencement of construction of the signature ventilationcolumns, details of the siting, height, dimensions, external appearanceand materials, which shall accord with the ventilation column type C(Drawing No. DCO-PP-900-ZZZZZ-290003) shall be submitted to andapproved in writing by the local planning authority.

b) The ventilation columns at this site shall not exceed 6 metres in height.

c) The authorised development shall be carried out in accordance withthe approved details, unless otherwise approved in writing by the localplanning authority.

Text ‘in writing’ is not necessary as is covered in Schedule 3, Interpretation (1).

Appendices

Second SoCG


96 DRAFT


25. a) Prior to the commencement of construction of the replacement riverwall, the detailed design (including location, external appearance andmaterials) which shall accord with the design principles for this site andthe Site Works Parameter Plan shall be submitted to and approved inwriting by the local planning authority.

b) The development shall be carried out in accordance with the approveddetails unless otherwise approved in writing by the local planningauthority.

This is covered by requirement CHAWF 4 Detailed design approval – River wall (as amended on the 9 December 2013). Reference to location was not included in the current revision as the replacement river wall will be provided in its current location, as shown on the site works parameter plan, which is for approval.

26. Prior to the completion of phase 5 of the construction works, details ofregular odour management, monitoring and analysis of the permanentworks at Chambers Wharf shall be submitted to and approved in writingby the local planning authority. The scheme shall be constructed,monitored and controlled in accordance with the approved details unlessotherwise agreed in writing by the local planning authority.

This is covered by requirement PW8 Air management plan, which states that the authorised development shall be operated and maintained in accordance with the Air Management Plan, unless otherwise approved by the [drafting note] in consultation with the relevant local authority. Details of odour management and monitoring will be submitted to the local authority for information prior to bringing the tunnel into use.

27. Prior to the completion of phase 5 of the construction works, an acousticreport detailing rated noise level from any permanent plant, together withany associated ducting, shall be submitted to and approved in writing bythe local planning authority. The scheme shall proceed and be retained inaccordance with the approved details.

This is covered by requirement PW15 Operational noise (9 December 2013 revision). PW15 requires a noise report to be submitted to and approved by the local authority prior to commencement of the use of the tunnel. the report shall demonstrate the that baseline noise design rating levels for plant and machinery are [5dB (A)] below the typical background noise level , as defined in BS 4142:1997, at the nearest residential receptor over the operational period of the Plant.

Appendices

Second SoCG


97 DRAFT


Transportation Measures

28. a) A minimum of 90% of all excavated materials arising from theconstruction phases of the development shall be transported by riverunless otherwise first agreed in writing by the local planning authority.

b) Prior to the commencement of the construction works, a scheme for themonitoring and regular reporting of the transportation of excavated spoilshall be submitted to and approved in writing by the local planningauthority.

Requested requirement is not accepted. A summary of the draft mechanism for securing the Transport Strategy(Doc ref: 7.09) has been prepared through discussions with the Greater London Authority, Transport for London, the Port of London Authority and the affected London Boroughs, including LBS. This is described in the Draft Framework for the Transport Strategy Mechanism, submitted on 2 December 2013 within Response to the Local Impact Report from the Mayor of London, Appendix A [Doc ref: APP 30.15]. Discussions with LBS are ongoing to finalise this mechanism.

Appendices

Second SoCG


98 DRAFT

Appendix G: Revised Design Principles - comparite December 2013

Appendices

Initial Statement of Common Ground


99 DRAFT

Appendix H:Relevant local planning policies

Local planning authority – London Borough of Southwark

Worksite – Chambers Wharf

Policy document

Policy reference

Policy subject Applicant’s comment

Core Strategy Section 4 Spatial planning to improve places

Requires development to focus on the strengths of places

that make the different areas of the borough distinctive

and respect local and historic context

The project has been

developed in the

knowledge of this se

of the local planning

policy.

Core strategy Policy 11 Open spaces and wildlife

States that the council will protect andimprove habitats

for a variety of wildlife and continue to protect important

open spaces from inappropriate development.

TWUL considers this

policy is of a general

nature and is addressed

within the NPS.

Core strategy Policy 12 Design and conservation Requires carefully managed

design within the Thames Policy Area to ensure

development is sensitive to the special qualities of the

river. Proposed designs should also be appropriate to the

site’s context and historic context.


developed in the

knowledge of this local

planning policy.

Core strategy Policy 13 High environmental standards

Requires that high standards and supporting measures for

reducing air, land, water,noise and light pollution, and

avoiding amenity and environmentalproblems that affect

how we enjoy the environment in which we live andwork,

should be set.

TWUL considers this



within the NPS.

Core Strategy Policy 14 Implementation

Requires that the Council to work with Infrastructure

providers to identify and deliver elements of

infrastructure required to support growth and delivery

environmental improvements.

LB Southwark referred to

this policy in its LIR.

Southwark

Unitary

development plan

Policy 3.1 Environmental Effects

States that planning permission for proposals for activities

that will have a material adverse impact on the

environment and quality of life will be refused.

Southwark

Unitary

development plan

Policy 3.2 Protection of Amenity

States that planning permission for development will not

be granted where it would cause loss of amenity,

including disturbance from noise, to present and future

occupiers in the surrounding area or on the application

site.

Southwark Policy 3.6 Air Quality


Deleted: Local planning authority – London Borough of Southwark¶Worksite – Chambers Wharf... [9]

Appendices



100 DRAFT

Unitary

development plan

States that planning permission will not be granted for

development that would lead to a reduction in air quality

Southwark

Unitary

development plan

Policy 3.11 Efficient Use Of Land

States that all developments should ensure that they

maximise the efficient use of land, whilst:

i. Protecting the amenity of neighbouring occupiers

or users; and

ii. Ensuring a satisfactory standard of

accommodation and amenity for future occupiers

of the site; and

iii. Positively responding to the local context and

complying with all policies relating to design; and

iv. Ensuring that the proposal does not unreasonably

compromise the development potential of, or

legitimate activities on, neighbouring sites; and

v. Making adequate provision for servicing,

circulation and access to, from and through the

site; and

vi. Ensuring that the scale of development is

appropriate to the availability of public transport

and other infrastructure.

Southwark

Unitary

development plan

Saved Policy

3.31 Flood defences


development sited adjacent to the River Thames unless it

is set back a suitable distance from the river wall to allow

for the replacement/repair of flood defences, and for any

future raising to be undertaken in a sustainable and cost-

effective manner.

TWUL considers



within the NPS.

Southwark

Unitary

development plan

Saved policy

3.15 Conservation of the historic environment

Requires the development to preserve or enhance the

special interest or historic character or appearance of

buildings or areas of historical or architectural

significance. The character and appearance of

Conservation Areas to be recognised and respected in any

new development within an area.


developed in the

knowledge of thi

planning policy.

Southwark

Unitary

development plan

Saved Policy

3.16 Conservation areas

Requires that planning permission will be granted

provided that the proposals respect the context of the

Conservation Area, having regard to the content of

Conservation Area Appraisals and other adopted

Supplementary Planning Guidance/ Documents,


developed in the

knowledge of this section


policy.

Southwark

Unitary

development plan

Saved Policy

3.18

Setting of listed buildings, conservation areas and

world heritage sites

Requires that permission will not be granted for

developments that would not preserve or enhance the

immediate or wider setting of a listed building, an

important view(s) of a listed building, the setting of the

Conservation Area, the setting of a World Heritage Site

or/ and important views of/ or from a World Heritage


developed in the


planning policy.


Appendices



101 DRAFT

Site.

Southwark

Unitary

development plan

Saved Policy

3.19 Archaeology

Requires that planning applications for such sitesinclude

an appropriate archaeological assessment and evaluation

of the impact of the development.

TWUL considers this



within the NPS.

Local planning authority –London Borough of Southwark

Worksite – Shad Thames Pumping Station

Policy document

Policy reference


Core Strategy Section 4 Spatial planning to improve places

Requires development to focus on the strengths of places

that make the different areas of the borough distinctive

and respect local and historic context


developed in the



policy.

Core strategy Policy 12 Design and conservation Requires carefully managed

design within the Thames Policy Area to ensure

development is sensitive to the special qualities of the

river. Proposed designs should also be appropriate to the

site’s context and historic context.

TWUL cons



within the NPS.


Requires that the Council work with Infrastructure

provider to identify and deliver elements of infrastructure

required to support growth and delivery environmental

improvements.

LB Southwark reference

this policy in its LIR.

Southwark

Unitary

development plan


States that planning permission for proposals for activities

that will have a material adverse impact on the

environment and quality of life will be refused.

Southwark

Unitary

development plan


States that planning permission for development will not

be granted where it would cause loss of amenity,

including disturbance from noise, to present and future

occupiers in the surrounding area or on the application

site.

Southwark

Unitary

development plan

Policy 3.6 Air Quality


development that would lead to a reduction in air quality

Southwark

Unitary

development plan

Policy 3.11 Efficient Use Of Land

States that all developments should ensure that they

maximise the efficient use of land, whilst:

vii. Protecting the amenity of neighbouring occupiers

or users; and


Appendices



102 DRAFT



Policy document

Policy reference


viii. Ensuring a satisfactory standard of

accommodation and amenity for future occupiers

of the site; and

ix. Positively responding to the local context and

complying with all policies relating to design; and

x. Ensuring that the proposal does not unreasonably

compromise the development potential of, or

legitimate activities on, neighbouring sites; and

xi. Making adequate provision for servicing,

circulation and access to, from and through the

site; and

Ensuring that the scale of development is appropriate to

the availability of public transport and other

infrastructure.

Southwark

Unitary

development plan

Saved policy

3.15 Conservation of the historic environment

Requires the development to preserve or enhance the

special interest or historic character or appearance of



Conservation Areas to be recognised and respected in any

new development within an area.


developed in the


planning pol

Southwark

Unitary

development plan

Saved Policy

3.16

Conservation areas

Requires that planning permission will be granted

provided that the proposals respect the context of the

Conservation Area, having regard to the content of

Conservation Area Appraisals and other adopted

Supplementary Planning Guidance/ Documents,


developed in the


planning policy.

Southwark

Unitary

development plan

Saved Policy

3.17 Listed buildings

Provision whereby the planning permission for proposal

which involve an alteration or extension to a listed

building will be permitted where the development

proposals preserves the building and its features of

special architectural and historic interest.


developed in


planning policy.

Southwark

Unitary

development plan

Saved Policy

3.18 Setting of listed buildings, conservation areas and

world heritage sites

Has regard to the immediate or wider setting of a listed

building, the setting of the Conservation Area and the

setting of a World Heritage Site. Planning permission

should not be granted for developments that wouldn’t

preserve or enhance the above.


developed in the


planning policy.

Tower Bridge

Conservation

Area Appraisal

Guidance New development in the area should accord with this

guidance by promoting modern design of high quality,

and to preserve and reflect the historical character of the

area. The Council conservation officer should be

consulted prior to undertaking any alterations to the


developed in the



policy.

Appendices



103 DRAFT



Policy document

Policy reference


exterior of buildings within the Conservation Area. It is

likely that planning permission and/ or Conservation Area

consent to demolish will be required for most significant

work.

Appendices



104 DRAFT

Planning policy

Strategic Policy 11 – Open Spaces and Wildlife

4.1.3 The council will improve, protect and maintain a network of open spaces and green corridors that will make places attractive and provide sport, leisure and food growing opportunities for a growing population. The council will protect and improve habitats for a variety of wildlife. The council will do this by:

a. Continuing to protect important open spaces from in appropriate development. These will include parks, allotments, sports grounds, green chains, sites of importance for nature conservation (SINCs) and cemeteries. Large spaces of importance to all of London will be protected (Metropolitan Open Land) as well as smaller spaces of more borough-wide and local importance (Borough Open Land and Other Open Spaces).

b. Protecting woodland and trees and improving the overall greenness of places, including through promoting green corridors, gardens and local food growing.

c. Promoting and improving access to and links between open spaces, including green chains.

d. Identifying and protecting open spaces that provide quiet areas and relative tranquillity.

e. Requiring new development to help meet the needs of a growing population by providing space for children’s play, gardens and other green areas and helping to improve the quality of and access to open spaces and trees, particularly in areas deficient in open space.

f. Requiring new development to avoid harming protected and priority plants and animals and help improve and create habitat.

Strategic Policy 12 – Design and conservation

4.1.4 Development will achieve the highest possible standards of design for buildings and public spaces to help create attractive and distinctive places which are safe, easy to get around and a pleasure to be in.

a. Expecting development to conserve or enhance the significance of Southwark’s heritage assets, their settings and wider historic environment, including conservation areas, archaeological priority zones and sites, listed and locally listed buildings, registered parks and gardens, world heritage sites and scheduled monuments.

b. Carefully managing the design of development in the Thames Policy Area so that it is sensitive to the many special qualities of the River.




Appendices



105 DRAFT

c. Making sure that the height and design of development conserves and enhances strategic views and is appropriate to its context, the historic environment and important local views.

d. Requiring tall buildings to have an exemplary standard of design and make a positive contribution to regenerating areas and creating unique places. Locations where tall buildings could go are in London Bridge, the northern end of Blackfriars Road, Elephant and Castle and action area cores. These are shown on the Key diagram.

e. Continuing to use the Southwark Design Review Panel to assess the design quality of development proposals.

f. Requiring Design and Access Statements with applications and encouraging Building for Life Assessments and heritage impact assessments.

Strategic Policy 13 – High environmental standards

4.1.5 Development will help us live and work in a way that respects the limits of the planet’s natural resources, reduces pollution and damage to the environment and helps us adapt to climate change. The council will do this by:

a. Requiring development to meet the highest possible environmental standards, including targets based on the Code for Sustainable Homes and BREEAM.

b. Requiring all new development to be designed and built to minimise greenhouse gas emissions across its lifetime. This will be achieved by applying the energy hierarchy (as illustrated in Figure 4):

i Designing all developments so that they require as little energy as possible to build and use.

ii Expecting all major developments to set up and/or connect to local energy generation networks where possible. We will develop local energy networks across Southwark.

iii Requiring developments to use low and zero carbon sources of energy.

c. Enabling existing buildings to become more energy efficient and make use of low and zero carbon sources of energy.

d. Increasing recycling and composting, minimising waste, reducing landfill and making more use of waste as a resource.

e. By 2015 we will be recycling and composting at least 45% of municipal waste, 50% by 2020 and aspiring to achieve 60% by 2031. By 2020, we will be recycling at least 70% of commercial and industrial waste. We are aiming to meet the Mayor’s target of recycling or reusing 95% of construction, excavation and demolition waste by 2020.


Appendices



106 DRAFT

f. Requiring applicants to demonstrate how they will avoid waste and minimise landfill from construction and use of a development.

g. We will meet the London Plan waste apportionment target set for Southwark of managing at least 243,000 tonnes of waste by 2016, at least 275,000 tonnes by 2021 and at least 343,000 tonnes by 2031. We will implement this though a development plan document and our Waste Management strategy. We are building a state of the art resources centre at Old Kent Road to help us meet this target. We have set aside enough facilitiesand land to make sure we can fully meet our targets.

h. Requiring developments to minimise water use and use local sources of water where possible.

i. Setting high standards and supporting measures for reducing air, land, water, noise and light pollution and avoiding amenity and environmental problems that affect how we enjoy the environment in which we live and work. This includes making sure developments are designed to cope with climate conditions as they change during the development’s lifetime.

j. Allowing development to occur in the protected Thames flood zone as long as it is designed to be safe and resilient to flooding and meets the Exceptions Test.

k. Requiring developments to help reduce flood risk by reducing water run-off, using sustainable urban drainage systems and avoiding the paving over of gardens and creation of hard standing areas.

Strategic Policy 14 – Implementation and Delivery

4.1.6 We will ensure that our strategic vision and objectives for further protection, enhancing and regeneration Southwark are implemented between 2009 and 2026 so that our borough continues to be successful and vibrant. The Cou8ncil will do this by:

a. Working with our partners, local communities and developers to meet the targets set out in Strategic Transport Policy 1 – Achieving growth and Strategic Transport Policy 2 – Improving our places.

b. Improving our places through small scale improvements in our other areas.

c. Linking our vision, themes, objectives, policies, targets implementation and monitoring together through our delivery programmes.

d. Working with infrastructure providers to identify and deliver elements of infrastructure required to support growth and deliver environmental improvements at the right time.


Appendices



107 DRAFT

e. Using planning obligations to reduce or mitigate the impact of developments.

f. Using our compulsory purchase power to ensure land is made available for development where it is needed to meet our regeneration objectives.

g. Ensuring that we carry out meaningful consultation on our Local Development Framework and planning applications.

h. Monitoring and reviewing the effectiveness of our Core Strategy through the annual monitoring report.

Policy 3.15 – Conservation of the Historic Environment

4.1.7 Development should preserve or enhance the special interest or historic character or appearance of buildings or areas of historical or architectural significance. Planning proposals that have an adverse effect on the historic environment will not be permitted.

4.1.8 The character and appearance of conservation areas should be recognised and respected in any new development within these areas. Article 4 directions may be imposed to limit permitted development rights, particularly in residential areas.

4.1.9 In this policy the term historic environment includes conservation areas, listed buildings, scheduled monuments, protected London squares, historic parks and gardens and trees that are protected by Tree Preservation Orders, trees that contribute to the character or appearance of a conservation area and ancient hedgerows.

Policy 3.16 – Conservation Areas

4.1.10 Within Conservation Areas, development should preserve or enhance the character or appearance of the area.

4.1.11 New Development, including Alterations and Extensions.

4.1.12 Planning permission will be granted for new development, including the extension or alteration of existing buildings provided that the proposals:

a. Respect the context of the Conservation Area, having regard to the content of Conservation Area Appraisals and other adopted Supplementary Planning Guidance / Documents; and

b. Use high quality materials that complement and enhance the Conservation Area; and

c. Do not involve the loss of existing traditional features of interest which make a positive contribution to the character or appearance of the Conservation Area; and

d. Do not introduce design details or features that are out of character with the area, such as the use of windows and doors made of aluminium, uPVC or other non-traditional materials;



Appendices



108 DRAFT

e. Where appropriate development in Conservation Areas may include the use of modern materials or innovative techniques only where it can be demonstrated in a design and access statement that this will preserve or enhance the character or appearance of the Conservation Area.

Demolition

4.1.13 Within Conservation Areas, there will be a general presumption in favour of retaining buildingsthat contribute positively to the character or appearance of the Conservation Area. Planningpermission will not be granted for proposals that involve the demolition or substantial demolitionof a building that contributes positively to the character or appearance of the Conservation Area,unless, in accordance with PPG15 or any subsequent amendments, it can be demonstrated that:

a. The costs of repairs and maintenance would not be justified, when assessed against the importance of the building and the value derived from its continued use, providing that the building has not been deliberately neglected; and

b. Real efforts have been made to the continue the current use or find a viable alternative use for the building; and

c. There will be substantial planning benefits for the community from redevelopment which would decisively outweigh loss from the resulting demolition; and

d. The replacement development will preserve or enhance the character or appearance of the conservation area and has been granted planning permission.

Policy 3.17 – Listed buildings

4.1.14 Development proposals involving a listed building should preserve the building and its features ofspecial architectural or historic interest.

Alterations and extensions

4.1.15 Planning permission for proposals which involve an alteration or extension to a listed building willonly be permitted where:

a. There is no loss of important historic fabric; and

b. The development is not detrimental to the special architectural or historic interest of the building; and

c. The development relates sensitively and respects the period, style, detailing and context of the listed building or later alterations of architectural or historic interest; and

d. Existing detailing and important later additional features of the building are preserved, repaired or, if missing, replaced.




Appendices



109 DRAFT

Demolition

4.1.16 There will be a general presumption in favour of the retention of listed buildings. Planningpermission will not be granted for proposals that involve the demolition or substantial demolitionof a listed building, unless, in accordance with PPG15 or any subsequent amendments, it can bedemonstrated that:

a. The costs of repairs and maintenance would not be justified, when assessed against the importance of the building and the value derived from its continued use, providing that the building has not been deliberately neglected; and

b. Real efforts have been made to continue the current use or find a viable alternative use for the building; and

c. There will be substantial planning benefits for the community from redevelopment which would decisively outweigh the loss from the resulting demolition.

4.1.17 Listed building consent must be applied for contemporaneously with an application for planningpermission for a redevelopment scheme. Submission of details demonstrating that a contract forthe construction of the replacement development has been let will be required prior toimplementation of the development.

Policy 3.18 – Setting of Listed Buildings, Conservation Areas and

World Heritage Sites

4.1.18 Permission will not be granted for developments that would not preserve or enhance:

a. The immediate or wider setting of a listed building; or

b. An important view(s) of a listed building; or

c. The setting of the Conservation Area; or

d. Views into or out of a Conservation Area; or

e. The setting of a World Heritage Site; or

f. Important views of /or from a World Heritage Site.

Policy 3.19 – Archaeology

4.1.19 Planning applications affecting sites within Archaeological Priority Zones (APZs), as identified in Appendix 8, shall be accompanied by an archaeological assessment and evaluation of the site, including the impact of the proposed development. There is a presumption in favour of preservation in situ, to protect and safeguard archaeological remains of national importance, including scheduled monuments and their settings. The in situ preservation of archaeological remains of local importance will also be sought, unless the importance of the development outweighs the local value of the remains. If planning permission is granted to develop any site where there are archaeological remains or there is good reason to believe that such remains exist, conditions will be




Appendices



110 DRAFT

attached to secure the excavation and recording or preservation in whole or in part, if justified, before development begins.

Policy 3.31 – Flood defences

4.1.20 Planning permission will not be granted for development sited adjacent to the River Thames unless it is set back at a suitable distance from the river wall to allow for the replacement/repair of flood defences and for any future raising to be undertaken in a sustainable and cost effective manner. Nor will permission be granted for any scheme that would undermine or breach flood defences in any way.


Appendix I: TWUL response to LB Southwark’s proposed s106 obligations

Formatted: Left: 3 cm, Right:

2.5 cm, Top: 2.5 cm, Bottom:

2.5 cm, Section start: Newpage, Width: 21 cm, Height:

29.7 cm

Appendix B

LBS Mark Up of Proposed Project Wide Requirements provided to Thames Water on 20 December 2013

Project wide requirements


Title Ref Text

Interpretation /

definitions



number 7.14;



“CoCP Part A” means the Code of Construction Practice Part A:

General Requirements (document reference number 7.19) as

amended or varied by the CoCP Part B for each site;

“CoCP Part B” means the Code of Construction Practice Part B:

Site Specific Requirements (document reference number 7.19);

“Design Principles” means the document with reference number

7.17;

“Draft Project Framework Travel Plan” means the document with

reference number 7.11;

“Heritage Statement” means the document with reference number

5.3;





"relevant planning authority" for the purposes of requirements

PW4, 6, 7 and 15 as they apply to the Blackfriars Bridge Foreshore

and Earl Pumping Station sites includes London Borough of

Southwark;

“relevant stakeholder” means any of the following organisations

which may be relevant in the opinion of the local planning

authority depending on the nature of any proposed amendment to

the Code of Construction Practice to be considered for approval by

the local planning authority: the Environment Agency, the local

highway authority, Transport for London, the Port of London

Authority, the Marine Management Organisation or The Historic

Buildings and Monuments Commission for England;


Time limits PW2 The authorised development must be commenced within 3 years of

the date of this Order.

Comment [d24]: A five year period is considered to be too long and will increase uncertainly for residents and others. The time limit for the implementation of the development should better reflect Thames Waters programme for the implementation of the scheme.

Title Ref Text


development –

Project Wide

PW3 The construction phasing of the authorised development shall proceed

in accordance with the approved construction phasing programme [refer

to approved document to be provided as part of the examination of the

application]. Any variations to this programme shall be submitted to

and agreed in writing by the Secretary of State following consultation

with the relevant Local Authorities. Such submissions shall include

detailed justification for any proposed changes to the construction

programme. The construction programme shall subsequently accord

with such approved details.



Specific

PW4 The construction phasing for each site (work numbers 2 to 27) shall be

carried out in accordance with the approved site specific phasing details

[refer to approved document]. These details shall also include, for each

part of the authorised project, the details of the body responsible for the

undertaking of those works and the location and period of those works.

Any variations to such phasing details shall have first been submitted to

and approved in writing by the relevant Local Planning Authority and

shall include detailed justification for any proposed changes to the

construction programme. The site specific construction programme

shall subsequently accord with such approved details.

Drive strategy PW5 The tunnelling works that form part of the authorised development

shall be driven in the directions as set out below:

Work

number

From To

1a Carnwath Road

Riverside

Acton Storm tanks

1b Kirtling Street Carnwath Road Riverside



Station



20 Greenwich Pumping

Station

Chambers Wharf


accordance with the Code of Construction Practice (Part A) subject

to site specific amendments or variations through the approval of a

revised Code of Construction Practice (Part B), unless otherwise

agreed by the relevant local planning authority, in consultation with


Design Principles

[under review]

PW7 [Without prejudice to any other approval required under the relevant

site specific requirements, each of the works described in Part 1 of

Schedule 1shall be designed and carried out in accordance with the

Design Principles unless otherwise approved by the relevant local

Comment [d25]: Drive directions to be amended as

required and agreed by ExA/SoS.

Title Ref Text

planning authority.]

Air Management

Plan


accordance with the Air Management Plan, unless otherwise

approved by the relevant local planning authorities. Prior to


monitoring for each site shall be submitted to and approved by the

relevant local planning authority.

Monitoring of and

protective works to

listed buildings and

structures (including

from settlement)

PW9 1) Where monitoring of effects on any listed building or structure is

proposed instrumentation and monitoring equipment shall be

temporarily attached in accordance with the principles set out in

section 3.7 of the Heritage Statement unless otherwise approved by


Historic Buildings and Monuments Commission for England in

advance of the equipment being attached.

2) Prior to undertaking any intrusive protective works or mitigation

which might affect the heritage significance of any Listed buildings

or structures, either during construction or to mitigate the effects of

construction, details of these works shall be submitted to and

approved by the relevant local planning authority in consultation

with The Historic Buildings and Monuments Commission for

England.

3) The works will be done in accordance with the approved details

unless otherwise agreed by the relevant local planning authority in


Commission for England.

Built Heritage

recording

PW10 1) Prior to demolition or removal of the built heritage assets set out

in appendix C of the Overarching Archaeological Written Scheme

of Investigation (WSI) a Site Specific Archaeological WSI (which

shall accord with the Overarching Archaeological WSI) setting out

how the asset shall be recorded shall be submitted to and approved

by the relevant local planning authority in consultation with The



accordance with the approved details unless otherwise agreed by the

relevant local planning authority in consultation with The Historic


Signage for

temporary footpath

diversion

PW11 1) Prior to implementing any temporary diversion of a public right

of way a scheme for temporary signage at points of changes in

direction shall be submitted to and approved by the local planning

authority in consultation with the relevant highway authority. Any

approved temporary diversions must be publicised in order to give

adequate notice to pedestrians and cyclists.

2) The signs shall be erected and maintained as approved throughout

the period of construction unless otherwise agreed by the local

planning authority in consultation with the relevant highway

authority.

Title Ref Text

Interpretation

Strategy

PW12 A project wide heritage interpretation strategy shall be developed

and submitted to The Historic Buildings and Monuments

Commission for England for approval within 12 months of the start

of construction, in accordance with the OAWSI and Design

Principle HRTG.07. The Strategy will be implemented at the site

level through the landscaping details to be submitted for the

approval of the local planning authorities. The authorised

development will be carried out in accordance with the approved

strategy unless otherwise approved by the local planning authorities,

in consultation with The Historic Buildings and Monuments


Excavated material

and waste

PW13 Excavated material and waste arising during construction of the

authorised development shall be managed in accordance with the

Excavated Material and Waste Commitments (document ref.

XXXX), unless otherwise agreed with the [Environment Agency].

Groundwater and

dewatering

monitoring and

management

PW14 Groundwater and dewatering monitoring and management shall be

carried out in accordance with the Groundwater Environmental

Management – Dewatering and Monitoring Strategy (document ref.

XXXX), unless otherwise approved by the Environment Agency.




baseline noise design rating levels for plant and machinery are

[10dB (A)] below the typical background noise level, as defined in

BS 4142:1997, at the nearest residential receptor over the

operational period of the Plant.

2) The plant and machinery shall be operated in accordance with the

approved details, unless otherwise approved by the local planning

authority

Comment [d26]: The EA does

not consider it is the appropriate

body to agree such variations.

Discussion needed on whom this

should be (GLA/SoS?)

Comment [d27]: This does not

reflect the most recent wording

agreed with the EA - this text

should be updated to take account of this.

Appendix C LBS Mark Up of Site Specific Requirements (Chambers Wharf) provided to Thames Water on 20 December 2013

Chambers Wharf

4. The table below sets out the specific requirements for the Chambers Wharf site—

Title Ref Text






CEMP CHAWF2 Prior to the commencement of each phase of construction

works, a Construction Environmental Management Plan

(CEMP) shall be submitted to and approved by the local

planning authority. The CEMP will adhere to the

approved Code of Construction Practice (Parts A & B).

The construction works shall be carried out in accordance

with the approved CEMP with any subsequent variations

being firstly agreed in writing by the local planning

authority.

The CEMP submitted for approval shall include the

following:

a) Pollution incident response plan

b) Emergency preparedness plan

c) Lighting management plan

d) Traffic management plan

e) Noise and vibration management plan

f) Air quality management plan

g) Water management plan

h) Site waste management plan

i) Ecology and landscape management plan

j) Heritage management plan

k) Community liaison plan

l) Resource management and sustainability plan

m) Operational UXO risk management plan

*Note: This assumes that the CoCP (Parts A & B) has

been agreed by the relevant parties prior to the end of the

examination period. Should this not the case, an updated

CoCP will need to be submitted to and approved by the

relevant Local Authorities (in consultation with the

Environment Agency, TfL, Natural England and English

Heritage) prior to the commencement of any works.

Title Ref Text

Site layout

(construction works)

CHAWF3 a) Detailed drawings of the layout of the site for each

phase of the construction works shall be submitted to and

approved by the local planning authority prior to the

commencement of each phase of works. These details

shall include the layout and siting of all buildings,

structures, plant, working areas, storage, parking (for

vehicles and cycles), turning space, access roads and

manoeuvring areas. The construction works shall be

carried out in accordance with the approved details with

any subsequent variations being firstly agreed in writing

by the Borough Council.

b) If, following approval, any of the facilities needs to be

moved, the Borough Council shall be given 14 days notice

of any intended move. Unless the Borough Council gives

notice to the contrary within that period, the move can

take place.

Details of buildings

and structures

(construction)

CHAWF4 a) Before any of the following construction buildings or

facilities are installed, or brought into use on the site,

details of their height and external appearance shall be

submitted to and approved by the Borough Council:

i) Any building or structure greater than 2 metres in

height or a footprint of greater than 25 sq ms,

ii) Concrete batching plant.

iii) Site power structure.

b) Any building associated with the construction works

located within 15 metres of a site boundary and over six

metres in height shall be accompanied by a day and sun

light report assessing the impact of the particular building

upon adjacent residential properties.

Permeable surfaces CHAWF5 Details of hard surfaces provided during the construction

phases, which shall incorporate SUDS, shall be submitted

to and approved in writing by the Borough Council prior

to the commencement of such works. The hard surfaces

shall be provided and maintained in accordance with such

approved details unless otherwise agreed in writing by the

Borough Council.

Sound attenuation

(construction)

CHAWF6 Details of sound attenuation specifications for all

enclosures, buildings, (other than office and welfare

buildings), structures and containers used for each phase

of the construction phases shall be submitted to and

approved in writing by the Borough Council prior to the

commencement of each phase of works.

Site Hoardings

(Construction)

CHAWF7 Details of all site construction hoardings, including noise

attenuation specification, location, materials, green

planting, height and design shall be submitted to and

approved in writing by the Borough Council prior to the

commencement of construction works. Any subsequent

Title Ref Text

variation to the approved details shall first be submitted to

and approved in writing by the Borough Council.

Community liaison

plan and community

project hub.

CHAWF8 a) Prior to the commencement of any construction

works (including demolition and site

preparation), a detailed community liaison plan

shall be submitted to and agreed in writing by the

Borough Council. The agreed community liaison

plan shall be implemented throughout the

duration of the works.

b) A community project hub shall be provided on

site throughout the construction works in

accordance with details which shall have been

previously submitted to and approved by the

Borough Council..

External Lighting

(construction)

CHAWF9 Details of all external lighting, including luminance, light

contour drawings and times of operation shall be

submitted to and approved in writing by the Borough

Council prior to the commencement of construction

works. Any subsequent variation to the approved details

shall first be submitted to and approved in writing by the

Borough Council.

Noise Monitoring

(Construction)

CHAWF10 No works shall commence until a scheme for noise

monitoring, assessment and mitigation for all construction

plant and processes has been submitted to and approved

by the Borough Council.

The scheme shall include:

• The identification of noise sensitive premises to

be used as the location for noise monitoring,

• A methodology for monitoring noise to ensure

compliance with Requirements 11 and 12,

• The location of representative monitoring points

outside residential properties and schools,

• Contingency measures to be taken if noise limits

specified in requirement 11 and 12 are exceeded,

• The noise parameters to be measured,

• The arrangements for reporting the results of

noise monitoring to the Local Planning

Authority,

• The arrangements for submitting applications for

consent under s61 of the Control of Pollution Act

1974,

• The arrangements for implementing mitigation

measures during construction for sensitive

premises.

Construction noise -

schools

CHAWF11 Noise from construction works shall give rise to noise

levels no higher than 65dB LAeq (1 hour) and 70dB LAeq

(1 minute) at any educational premises measures at 1m

from the facade of the building during school hours in

Title Ref Text

term time.

Construction noise

levels

CHAWF12 Noise levels at any residential property shall not exceed

(unless otherwise varied upwards or downwards by any

subsequent s61 consent) (noise levels to be confirmed):



















Vibration

(construction)

CHAWF13 a) No works shall commence until a schedule of premises

containing people or equipment potentially sensitive to

disturbance from vibration, or any buildings potentially at

risk of damage from vibration, has been submitted to and

approved in writing by the Borough Council. This shall

be accompanied by proposals for monitoring vibration

levels, where necessary, ensuring that vibration levels do

not exceed the thresholds set out in the Code of

Construction Practice and that appropriate mitigation or

remedial measures are to be employed. b) A detailed compaction and piling methodology shall

be submitted to and approved by LBS prior to the

commencement of such works.

Air monitoring

(construction)

CHAWF14 Details of construction works air monitoring along with

appropriate mitigation measures shall be submitted to and

agreed in writing by the Borough Council prior to the

commencement of the works hereby permitted. The

approved air monitoring and mitigation shall be carried

out in accordance with the approved detail unless

Title Ref Text

otherwise agreed in writing by the Local Planning

Authority.

Detailed design

approval for

permanent above

ground structures


electrical and control kiosk, details of the design,

including size, external appearance and materials, which

shall accord with the Design Principles and the Site

Works Parameter Plan shall be submitted to and approved





Detailed design

approval for signature

ventilation columns


signature ventilation columns details of the height,

dimensions, external appearance and materials which shall





metres in height




Detailed design

approval River wall










Temporary Works

Platform

CHAWF18 Prior to the commencement of any construction works,

details of the temporary works platform, including its

exact position, design and method of construction,

including environmental mitigation measures, shall be

submitted to and approved in writing to the Borough

Council (in consultation with the Port of London

Authority and the Environment Agency)

Works in the river CHAWF19 1) Works in the river shall not commence until a detailed

Method Statement and Navigational Risk Assessment has


Authority.


approved details unless otherwise approved by the Port of

London Authority.

Title Ref Text



in consultation with the Environment Agency no works


existing buildings, works in the highway including site


equipment) until the following has been submitted to and














off site.





undertaken.






contingency action.






Agency.

Verification report



approved remediation strategy and the effectiveness of the

remediation shall be submitted to and approved by the


Environment Agency. The report shall include results of


the approved verification plan to demonstrate that the site

remediation criteria have been met. It shall also include a

long-term monitoring and maintenance plan for long-term

monitoring of pollutant linkages, maintenance and

Title Ref Text

arrangements for contingency action, as identified in the

verification plan.

4. The long-term monitoring and maintenance plan shall

be implemented as approved unless otherwise agreed with


Environment Agency.














Tunnel Land Quality

Assessment


1. No tunnelling works from this site shall be undertaken

until the following has been submitted to and approved by














off site.





undertaken.






contingency action.

Title Ref Text








Tunnelverification report



out in the approved remediation strategy and the

effectiveness of the remediation shall be submitted to and

approved by the Environment Agency. The report shall



demonstrate that the site remediation criteria have been

met. It shall also include a long-term monitoring and




4. The long-term monitoring and maintenance plan shall



Tunnelunexpected contamination

5. If in undertaking the tunnelling works, contamination

not previously identified is found to be present, a revised




remediation strategy unless otherwise approved in by the

Environment Agency.

Archaeology CHAWF22 a) Prior to the commencement of development works on

site a Site Specific Archaeological Written Scheme of

Investigation for a programme of archaeological

evaluation works (WSI) (which shall accord with the

Overarching Archaeological WSI) shall be submitted and

approved in writing by the local planning authority.

b) The archaeological works shall be undertaken in


carried out by a suitably qualified and experienced person

or body.

c) Subsequent to the results of the archaeological

evaluation, and prior to the commencement of

development works on site a Site Specific Archaeological

Written Scheme of Investigation for a programme of

archaeological mitigation works (MWSI) (which shall

accord with the Overarching Archaeological WSI) shall

Title Ref Text

be submitted and approved in writing by the local

planning authority.

d) The archaeological works shall be undertaken in

accordance with the Site Specific Archaeological MWSI

and carried out by a suitably qualified and experienced

person or body.


Management Plan








for London.

Travel Plan CHAWF24 1) No works shall commence until a site-specific






the commencement of development of the works and

shall continue to be in place for the duration of the



River Transport CHAWF25 a) A minimum of 90% of all excavated materials arising

from the construction phases of the development shall be

transported by river unless otherwise first agreed in

writing by the Borough Council.

b) Prior to the commencement of the construction works,

a scheme for the monitoring and regular reporting of the

transportation of excavated spoil shall be submitted to and

approved in writing by the Borough Council.

Specification of


and construction)






their use.



highway authority.

Comment [d28]: This is subject to a clearer understanding

on the s106 obligations regarding

river transport.

Title Ref Text

Noise insulation and

temporary re-housing

CHAWF27 No phase of the construction works that is predicted to

trigger the criteria for noise insulation or temporary re -

housing as identified in the Thames Water Thames

Tideway Tunnel Noise Insulation and Temporary Re-

Housing Policy shall be commenced unless and until:

a) Thames Water or its nominated contractor has written

to owners / occupiers of properties that are eligible for

noise insulation to offer such provision or, where relevant,

has written to occupiers to offer temporary re-housing;

and

b) In the case of noise insulation and ventilation, if the

owners / occupiers have accepted this offer in a timely

manner and allowed reasonable access, Thames Water or

its nominated contractor has installed the noise insulation

and ventilation works.


does not proceed within 3 months after completion of the

authorised works at this site a site restoration scheme



authority.



c) proposed finished ground levels;

d) Temporary fences or other means of enclosure.



planning authority.

Odour management CHAWF29 Prior to the completion of phase 5 of the construction

works, details of regular odour management, monitoring

and analysis of the permanent works at Chambers Wharf

shall be submitted to and approved in writing by the

Borough Council. The scheme shall be constructed,

monitored and controlled in accordance with the approved

details unless otherwise agreed in writing by the local

planning authority.

Acoustic report CHAWF30 Prior to the completion of phase 5 of the construction

works, an acoustic report detailing rated noise levels from

any permanent plant, together with any associated

ducting, shall be submitted to and approved in writing by

the Borough Council. The scheme shall proceed and be

retained in accordance with the approved details.

Ecological

enhancements to river

wall

CHAWF31 Prior to the commencement of any works ecological

habitat enhancements to the river wall shall be submitted

to and agreed in writing by the Local planning authority

(in consultation with the Environment Agency). The new

river wall shall be constructed and maintained in

Title Ref Text

accordance with such approved details.

Section 106

Agreement



Chambers Wharf Section 106 Agreement/Undertaking [to


Surface Water

Drainage

CHAWF33 a) Prior to the commencement of both the permanent

above ground structures or landscaping written details of

the surface water drainage system for this site (including

means of pollution control, an assessment of the

hydrological and hydrogeological context and written

details including how the scheme shall be maintained and

managed after completion) in accordance with the Design

principles for this site shall be submitted to and approved

by the local planning authority, in consultation with the

Environment Agency.

b) The surface water drainage system must be constructed

in accordance with such approved details unless otherwise

approved by the local planning authority in consultation

with the Environment Agency, and completed prior to use

of the site.

Appendix D Joint Borough Mark Up of Code of Construction Practice A (Project Wide) including additional comments to those provided to Thames Water on 20 December 2013 DCO-DT-000-ZZZZZ-071901 | December 2013

Code of Construction Practice Part A: General Requirements

Joint Borough Revision 13th January 2014


Formatted: Font: 20 pt, Bold,Superscript




This page left intentionally blank

Formatted: Right: 2.5 cm,

Top: 2.5 cm, Bottom: 2.5 cm,

Width: 21 cm, Height: 29.7

cm


i

Thames Tideway Tunnel


List of contents

Page number

1 Introduction ...................................................................................................... 1

1.1 General.................................................................................................... 1

2 General requirements ...................................................................................... 5

2.1 Environmental impact assessment .......................................................... 5

2.2 Environmental management system ....................................................... 5

2.3 Construction environmental management plan ....................................... 5

2.4 Enforcement ............................................................................................ 7

3 Communications and community/stakeholder liaison ................................10

4 General site operations ..................................................................................14

4.1 Construction process..............................................................................14

4.2 Working hours ........................................................................................14

4.3 Worksite layout .......................................................................................19

4.4 Controls for works outside main site areas.............................................21

4.5 Cranes ....................................................................................................22

4.6 Site lighting .............................................................................................22

4.7 River works.............................................................................................23

4.8 Security...................................................................................................25

4.9 Emergency preparednessplan................................................................25

4.10 Pollution incident response.....................................................................26

4.11 Fire prevention and control .....................................................................28

4.12 Electromagnetic interference..................................................................28

4.13 Unexploded ordnance ............................................................................28

4.14 Utility works ............................................................................................28

4.15 Worker access........................................................................................29

4.16 Clearance of site on completion of activities...........................................29

4.17 Considerate Constructors Scheme.........................................................30

5 Public access, the highway and river transport ...........................................33

5.1 Traffic management and control .............................................................33

5.2 Lorry management and control...............................................................35


ii

5.3 Works within the highway or on a Public Right of Way...........................36

5.4 Road cleanliness ....................................................................................37

5.5 Highway and public right of way reinstatement.......................................38

5.6 River transport and works.......................................................................38

5.7 References .............................................................................................39

6 Noise and vibration.........................................................................................41

6.1 General...................................................................................................41

6.2 Working hours ........................................................................................42

6.3 Section 61 consent applications .............................................................44

6.4 Noise and vibration control measures ....................................................45

6.5 Noise insulation and temporary re-housing ............................................48

6.6 Noise and vibration monitoring ...............................................................50

6.7 Suitably qualified persons.......................................................................51

6.8 References .............................................................................................51

7 Air quality.........................................................................................................54

7.1 General...................................................................................................54

7.2 Vehicle and plant emissions ...................................................................54

7.3 Dust emissions .......................................................................................54

7.4 Dust control ............................................................................................55

7.5 Dust and particulate monitoring ..............................................................56

7.6 Odours....................................................................................................57

7.7 References .............................................................................................57

8 Water resources ..............................................................................................60

8.1 General...................................................................................................60

8.2 Site drainage ..........................................................................................60

8.3 Protection of watercourses .....................................................................61

8.4 Control of pollution of surface water .......................................................62

8.5 Control of pollution to groundwater.........................................................63

8.6 Management of impact on abstraction boreholes ...................................64

8.7 Flooding..................................................................................................65

8.8 Dewatering .............................................................................................66

8.9 Ground treatment ...................................................................................66

8.10 Monitoring...............................................................................................67

8.11 Dredging.................................................................................................67

8.12 References .............................................................................................68

9 Land quality.....................................................................................................70

9.1 General...................................................................................................70


iii

9.2 Site assessment and remedial practice ..................................................70

9.3 Site works ...............................................................................................72

9.4 References .............................................................................................73

10 Waste management and resource use..........................................................76

10.1 Excavated material options assessment andExcavated material and waste strategy ........................................................................................76

10.2 Duty of care ............................................................................................78

10.3 Asbestos waste management.................................................................79

10.4 Resource use .........................................................................................80

10.5 References .............................................................................................81

11 Ecology (aquatic and terrestrial) ...................................................................82

11.1 General...................................................................................................82

11.2 Procedures .............................................................................................82

11.3 Detailed provisions .................................................................................83

11.4 Habitat and species considerations ........................................................83

11.5 Aquatic ecology receptors (marine mammals, fish and invertebrates) ...86

11.6 Protection of trees ..................................................................................87

11.7 Reinstatementlandscaping .....................................................................88

11.8 References .............................................................................................89

12 Historic environment ......................................................................................90

12.1 General...................................................................................................90

12.2 Procedures .............................................................................................90

12.3 Detailed provisions .................................................................................91

12.4 References .............................................................................................92

13 Third-party impact and asset protection process ........................................94

13.1 Protection of existing infrastructure and buildings ..................................94

13.2 Monitoring and action plans....................................................................95

Glossary ...................................................................................................................96

Appendix A :Section 61 application guidance ....................................................102

Appendix B : Construction environmental management plan template...........108

List of tables

Page number

Table 4.1 Classification of different types of working hours......................................15

Table 6.1 Noise trigger levels ...................................................................................49

Formatted

Deleted: 1 Introduction 1¶

1.1 General 1¶

2 General requirements 11¶

2.1 Environmental impact assessment 11¶

2.2 Environmental management system 11¶

2.3 Construction environmental management plan 11¶

2.4 Enforcement 11¶

3 Communications and community/stakeholder liaison 11¶

4 General site operations 11¶

4.1 Construction process 11¶

4.2 Working hours 11¶

4.3 Worksite layout 11¶

4.4 Controls for works outside main site areas 11¶

4.5 Cranes 11¶

4.6 Site lighting 11¶

4.7 River works 11¶

4.8 Security 11¶

4.9 Emergency preparedness

plan 11¶

4.10 Pollution incident response 11¶

4.11 Fire prevention and

control 11¶

4.12 Electromagnetic

interference 11¶

4.13 Unexploded

ordnance 11¶

4.14 Utility works 11¶

4.15 Worker access 11¶

4.16 Clearance of site on completion of activities 11¶

4.17 Considerate Constructors

Scheme 11¶

5 Public access, the highway and river transport 11¶

5.1 Traffic management and control 11¶

5.2 Lorry management and control 11¶

5.3 Works within the highway or on a Public Right of Way 11¶

5.4 Road cleanliness 11¶

5.5 Highway and public right of way reinstatement 11¶

5.6 River transport and

works 11¶

5.7 References 11¶

6 Noise and vibration 11¶

6.1 General 11¶

6.2 Working hours 11¶

6.3 Section 61 consent applications 11¶

6.4 Noise and vibration control measures 11¶

6.5 Noise insulation and temporary re-housing 11¶

6.6 Noise and vibration

monitoring 11¶

6.7 Suitably qualified

persons 11¶

6.8 References 11¶

7 Air quality 11¶

¶... [10]

... [11]


iv

List of abbreviations

AURN Automatic Urban and Rural Network

BPG Best practice guidance

BPM Best practicable means

CEMP(s) Construction environmental management plan(s)

CIRIA Construction Industry Research and Information Association

CoPA Control of Pollution Act 1974

CoCP Code of Construction Practice

CSO(s) Combined sewer overflow(s)

DCO Development Consent Order

EA Environment Agency

EIA Environmental impact assessment

EMS Environmental Management System

EPP(s) Emergency preparedness plan(s)

ES Environmental Statement

FRA Flood risk assessment

GLA Greater London Authority

HBMCE Historic Buildings and Monuments Commission for England

HSSE Health, Safety, Security and Environment

MMO Marine Management Organisation

OAWSI Overarching Archaeological Written Scheme of Investigation

PLA Port of London Authority

PPG(s) Pollution Prevention Guidelines(s)

SPZ Source protection zone

SRN Strategic Road Network

TBM(s) Tunnel boring machine(s)

TfL Transport for London

1 Introduction


1

5 Introduction

5.1 General

5.1.1 All works covered in this document are to be managed and performed to the culture within the Thames Tideway Tunnel project’s vision of ‘Zero Incidents, Zero Harm, Zero Compromise’.

5.1.2 This Code of Construction Practice(CoCP)is submitted as part of the application for development consent(the ‘application’) for the Thames Tideway Tunnel project (the ‘project’). The development consent order (DCO) is an order under the Planning Act 2008 approving a development; it is the statutory instrument defining the terms under which development consent would be granted.

5.1.3 The principles and requirements within this CoCP relate to the management of construction impacts and are to be read in conjunction with safety legislation and the employer’s Health, safety, security and environment standard( the ‘HSSE Standard’ii) for contractors.

5.1.4 The CoCP has been carefully developed to reduce and minimise the effects of the project during construction. It aims to provide appropriate and clear means of monitoring and enforcing compliance with a wide range of good practice measures and sets out a series of measures and standards of work, which will be applied by the contractor throughout the construction period to:

a. provide effective planning, management and control during construction to manage and mitigate potential impacts on people, businesses and the natural and historic environment

b. provide the mechanisms to engage with the local community and its representatives throughout the construction period.

5.1.5 The employer is the party responsible for the delivery of the project, (ie, the party in whom the powers of the DCO are vested or transferred to deliver the project). The employer is responsible for all of the works, which includes overseeing the contractor. The employer will have a project management organisation in place, which will be suitably skilled and resourced to undertake this duty.

5.1.6 The term ‘construction’ in the CoCP includes all physical works undertaken to implement the project: utility diversions including those works carried out outside the main construction sites, site preparation, demolition, material delivery, removal of excavated material and waste, tunnelling and shaft construction, interception of existing combined sewer overflows (CSOs), installation of equipment, landscaping, commissioning, and all related engineering and construction activities as defined in Schedule 1 to the DCO.

5.1.7 As the project extends across 14 London boroughs, the CoCP establishes the basis for a consistent approach to the management of construction

ii This will be produced for the project to achieve outstanding arrangements for health, safety, security and environment.


Top: 2.5 cm, Bottom: 2.5 cm,Width: 21 cm, Height: 29.7cm

Formatted: Bullets and

Numbering

Formatted: Outline numbered

+ Level: 3 + Numbering Style:

1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at:

0 cm + Tab after: 2 cm +

Indent at: 2 cm

Formatted: Font: Calibri, 11pt, English (U.S.)

Formatted: Font: Italic





Formatted: Font: Calibri, 11pt, English (U.S.)

Comment [g29]: Is this

available for review?

Deleted: In the event of any conflict between this CoCP and the HSSE Standard, the CoCP prevails.¶

Comment [bb30]: The ‘Employer’ needs to be defined in

the glossary of terms, but in any

case this section of the CoCP should make clear that Thames

will have overarching and

continuing responsibility for the overall management of the CoCP –

in practice the ‘Single Point of

Contact’

1 Introduction


2

impacts across local authority boundaries and a range of key stakeholders. Any construction codes or guidance documents relating to construction that have been produced by the local authorities were considered during the preparation of this document.

5.1.8 The CoCP comprises two parts:

a. Part A: General requirements. These measures are applicable project wide.

b. Part B: Site-specific requirements. These are minimum site-specific measures or deviations from the general requirements indicated in Part A that will be implemented by the contractor.

5.1.9 The CoCP sets out a series of measures to be applied throughout construction to mitigate the potential impact of site activities on the natural and human environment, amenity, well-being, health and safety of local residents, road users and traffic flow, businesses and the public. Any significant effects from construction will be limited in the vicinity of the works by implementation of the code.

5.1.10 The CoCP supports the planning and delivery of the project in a sustainable, efficient and cost-effective manner to meet the objectives of the Sustainability Statement. It also promotes co-operation with other projects in the vicinity, as far as practicable, in order to reduce combined impacts.

5.1.11 The contractor will adhere to a works contract, which will reference UK water industry standards, Thames Water requirements for capital delivery standards and Sewers for Adoption, as appropriate.

5.1.12 Requirements within the DCO state that the project will be carried out in accordance with both Parts A and Part B of the CoCP unless agreed otherwise with the relevant local authority. This is subject to additional information and details needing to be submitted for the approval of the relevant local authority (or other body where appropriate) pursuant to additional DCO requirements. Further specific measures for each site may be made through amendments to the CoCP Part Bs, in agreement with the relevant local authority and in consultation with key stakeholders including Transport for London (TfL), the Environment Agency (EA), the Port of London Authority (PLA), the Historic Buildings and Monuments Commission for England (HBMCE, formerly referred to as English Heritage), and the Marine Management Organisation (MMO).

5.1.13 When an agreement or approval is sought from the relevant local authority and not obtained (or obtained on terms that are not satisfactory to the employer), then it will be open to the employer to appeal to the Secretary of State under the appeal mechanism set out in the DCO (Schedule 17, para. 4). Applications made further to Requirements are to be regulated by virtue of Schedule 17, paras. 1 to 3; and any other applications or requests made under the DCO are to be regulated by DCO article 53(2).

5.1.14 Within this document, the term ‘consultation’ is used to describe the process of sharing and discussing draft information with stakeholders, including residents and community groups where appropriate. The formal


Numbering

Comment [g31]: Subject to discussion of whether the bespoke

appeal mechanism is justified

Deleted: Consultation will havedue regard to any comments received, wherever practicable.

1 Introduction


3

submission of information will need to demonstrate how responses to consultation have been taken into consideration in preparing the final proposals. The length of consultation periods may vary and will be agreed with the relevant consultees in advance. There will be a robust communication strategy undertaken for consultation and seeking feedback, with realistic timeframes to allow consultees to provide comments and feedback, including requests for additional information and further details where required.

5.1.15 For the purposes of this document, the following terms are defined as:

a. Approved: When a plan, procedure, report or other item is to be approved, this means that it needs to be agreed in writing by a regulatory body that it meets the legislative requirements

b. Agreed: When a plan, procedure, report or other item is to be agreed, this means that the relevant third party has agreed in writing that the submission meets the intended and/or specified requirements; typically this is a non-regulatory authority, eg, utility or land owner.

c. Accepted: When a plan, procedure, report or other item is accepted, it means that it is provided for information and meets the specified requirements with respect to content. Typically this is for works under the contract between the employer and the contractor and is part of the employer’s supervision of the project.

5.1.16 Where the CoCP states “approved or agreed by the employer” ,the plan, procedure, report or other item will be implemented via the NEC3 contract between the employer and the contractor and administered by the acceptance procedures of the Project Manager, as defined within the contract.

5.1.17 The contractor will comply with the terms of the DCO, including this CoCP and other requirements, and any other relevant legislation referenced in this document or otherwise, or any legislation amending or replacing it. Nothing in this CoCP will dilute or otherwise affect the obligations contained in the DCO, including in the other requirements.


Formatted: Font: Not Italic,No underline, Font color: Auto

Deleted: If no comments are returned within the consultation period,this will be deemed to meantacit acceptance.

Deleted: signed-off

Deleted: is informed and/or satisfied

Comment [d32]: Accepted by

who? In most cases details of

importance will need to be agreed

by the relevant regulatory body.

Deleted: employer

1 Introduction


4


2 General requirements


5


6.1 Environmental impact assessment

6.1.1 An environmental impact assessment (EIA) was carried out for the project and an Environmental Statement prepared in accordance with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, as amended. Through the EIA process, mitigation identified with respect to construction effects was embedded within the CoCP in order to form part of the proposals for the construction of the project. The findings of the EIA are reported in the Environmental Statement. For the avoidance of doubt, where the term Environmental Statement is made within the CoCP this includes any addendum or additional environmental information that has been formally submitted as part of the application following the submission of the original Environmental Statement.

6.1.2 The employer will ensure that the residual environmental effects of the construction and operation of the project are not worse than those described in the Environmental Statement. In line with this duty, the contractor shall implement the mitigation measures described in the Environmental Statement, or any other appropriate or equivalent mitigation measures included in the DCO and its requirements, or s106 obligations.

6.1.3 The Environmental Statement is, therefore, a worst case assessment in terms of adverse environmental effects, which the employer and contractor will seek to improve on within those bounds.

6.1.4 The contractor will comply with and implement the mitigation measures described in the CoCP.

6.2 Environmental management system

6.2.1 The contractor will be required to develop and implement an environmental management system (EMS) consistent with British Standard (BS) EN ISO 14001: Environmental Management. This will be aligned with the employer’s EMS and will set out:

a. the contractor’s environmental policy

b. the procedures to be implemented to deliver and monitor compliance with environmental legislation

c. the procedures to be implemented to deliver and monitor compliance with the environmental provisions in this CoCP.

6.2.2 The contractor’s EMS will ensure and demonstrate that all the environmental requirements of the contract and all relevant legislation, standards, regulations and consents are being met.

6.3 Construction environmental management plan

6.3.1 The contractor for each work package will produce and implement site-specific construction environmental management plans (CEMPs) for each


Numbering


Formatted: Font: Italic, No

underline, Font color: Auto



Numbering

Deleted: t.

Deleted: will have to

Deleted: .

Comment [bb33]: The Employer’s EMS is not defined in

the CoCP and no indication is

given as to its content and how and when it will be prepared. More

clarification is required.



6

site in full accordance with the CoCP for approval by the Employer and relevant local planning authority, in consultation with the the EA and HBMCE and any other relevant statutory consultees. The CEMPs will demonstrate how the CoCP will be implemented by the contractor by means of the contractor’s EMS. The CEMPs will be produced as part of and in support of the construction phase plan that will define how works and associated risks will be managed incompliance with the HSSE Standard.

6.3.2 The CEMPs will form the overarching environmental management plan for each site, covering general site operations and overall management of the construction works. They will include, but not be limited to, details of the controls with regard to general site layout and operations, working hours, site lighting, security, emergency planning and response, fire prevention and control, utility works and worker access and welfare. The CEMPs will include the following specific management plans:

a. Pollution incident response plan (refer to Section 8): to include details of controls to be adopted and procedures to be followed to manage any pollution incidents.

b. Emergency preparedness plan (refer to Section 8):to include procedures to deal with hazards and incidents and to take account of security requirements.

c. Lighting management plan (refer to Section 8.6):to provide design layouts and demonstrate how the requirements are met by the design.

d. Traffic management plan (refer to Section 9): to include details of traffic (and lorry) control measures, site access points, access for non-motorised users (eg, cyclists and pedestrians), public roads that will be used during construction and control of construction traffic, together with advertising and notification procedures regarding planned road works. Highway and Public Right of Way reinstatement and river transport and navigational controls will also be included.

e. Noise and vibration management plan (refer to Section 10): to include details of measures to control and mitigate noise and vibration during construction, the Section 61 consent application process, and monitoring systems to be employed during the construction works.

f. Air quality management plan (refer to Section 11): to include details of control measures for dust and air pollution, vehicle and plant emissions and odour.

g. Water management plan (refer to Section 12 and Section 14.4): to include details of water use, site drainage, protection of watercourses; controls to prevent contamination of surface water and groundwater resources, flooding, dewatering, dredging; and monitoring systems to be employed during the construction works.

h. Land quality (refer to Section 13): although not a management plan, this will include details of site assessment and remedial practices.

i. Site waste management plan (refer to Section 14): to include details of the handling, storage, transfer and removal of waste materials and


Numbering

Deleted: employer

Deleted: local authority,

Deleted: .

Comment [bb34]: Thames response of 2nd December to the

Joint Borough’s submission refers

to a ‘Consents Management Plan’ to be produced before the end of

the DCO Hearing. The function of

the ‘Plan’ should be dealt with in

this part of the CoCP

Deleted: They



7

contaminated materials, as well as measures for the reuse or recycling of excavated material and waste.

j. Ecology and landscape management plan (refer to Section 15): to include details of procedures and mitigation measures relating to legally protected and notable species, as well as habitat protection and reinstatement.

k. Heritage management plan (refer to Section 16): to include details of measures for protecting listed structures, archaeological finds and heritage assets adjacent to construction sites.

l. Community liaison plan (refer to Section 7): to include plans for engagement with communities, local authorities and other stakeholders as well as helpline/website information and a mechanism for dealing with complaints.

m. Resource management plans (refer to Section 10.4): these will include details for resource use management (water, energy and materials).

6.3.3 The CEMPs, the subsidiary plans and other management plans will be live documents that will be updated and refined by the contractor as necessary in close liaison and with the relevant [community liaison panel] and local authority. Such changes will take account of the need to prevent and reduce the impacts from the construction works and any changing needs of the works during construction. One of the overriding objectives of the CEMP will be minimise any impacts on the local community arising from the construction works. See Appendix B for the structure of the CEMP.

6.3.4 The CEMPs will set out the contractor’s arrangements for providing supervisory and site personnel with relevant, adequate training before they are employed on a construction site, including project induction and site-specific environmental induction. Supervision, training and competency requirements are set out in the construction phases plan.

6.3.5 The CEMPs will include details of those responsible for their effective implementation and set out procedures to be implemented in order to monitor compliance with the CEMPs during construction including full liaison with the local authority and community liaison panel.

6.3.6 The contractor will manage sites and achieve formal certification under the Considerate Constructors Scheme operated by the Construction Federation (refer to Section 8.3).

6.3.7 The contractor responsible for tunnelling will be required to follow the Association of British Insurers/British Tunnelling Society’s Code of Practice for Risk Management in Tunnelling.

6.3.8 The CEMP will set out the environmental mitigation that must be embedded into the working methods.

6.4 Enforcement

6.4.1 Throughout the construction process, although the contractor will need to fully involved, Thames Water will retain overall responsibility for ensuring full compliance with the CoCP and will remain the primary ‘Single Point of

Deleted:

Deleted: agreement of

Deleted: T

Comment [d35]: A process needs to be provided and agreed

for making amendments to the

approved CEMP including full involvement with the community

groups and local authority,

consulting other relevant organisations where appropriate.

TW to provide further details for

discussion and comment by 13th

January.

Deleted: ,in

Deleted: response to the changing needs of the works during construction.The contractorwill obtain approval for alterations tothe scope of the CEMPsfrom the employer,in consultation withstakeholders including the relevant local authority.

Deleted: .



8

Contact’ in respect of dealing with concerns and complaints from local authorities and the local community. In addition compliance with the provisions of this CoCP will be enforceable by virtue of a number of formal mechanisms. A breach of the CoCP would be a breach of a DCO Requirement (project-wide Requirement PW6 requires compliance with the CoCP Part A and Bs).

6.4.2 Project-wide requirement PW4 requires the details of the body or bodies responsible for undertaking each of the works at a site to be provided to the local planning authority. Both the contractor and the employer would potentially be open to enforcement action under Section 161 of the Planning Act 2008 and, in the event of failure to comply with the terms of a Section 61 notice, under the Control of Pollution Act 1974 ( the ‘CoPA’).

6.4.3 The employer will enforce the contractor’s compliance through the construction contracts.

6.4.4 The CoCP obliges the contractor to seek and obtain consent pursuant to Section 61 of the CoPA for the way in which certain works are to be carried out. Local authorities will have the power to serve a notice under Section 60 of the CoPA in the event that the terms of the consent are not adhered to. Contravention of the requirements of such a notice without a reasonable excuse is an offence.

6.4.5 Similarly, the CoCP identifies certain other consents, licences and permits that are required under other legislation, which provide a further means of ensuring that the works are carried out as described in the CoCP.

6.4.6 Thames Water and each contractor’s project manager will be responsible under the terms of the contract with the employer for ensuring that the work is planned and managed to be undertaken in accordance with all requirements of the CoCP. Each project manager will require its environment manager to undertake a programme of monitoring and auditing to confirm compliance.

6.4.7 Site inspections and audits will be carried out by the employer and local authority monitoring officer to ensure compliance with the CoCP. Other regulating authorities may also attend site to ensure compliance with relevant permits and consents. Members of the community liaison group will at all times be kept informed and given the opportunity to comment on compliance issues relating to the CoCP.

6.4.8 The construction contract will require the contractor to ensure that all sub-contractors and suppliers meet the requirements of the CoCP. The same obligation will apply to those sub-contractors and suppliers, their sub-contractors and suppliers and so on down the contractual chain.

6.4.9 The following compensation policies will be secured by way of a Section 106 obligation to all relevant local planning authorities:

a. Exceptional hardship procedure

b. Non-statutory mitigation compensation procedure

c. Non-statutory disturbance compensation procedure


Numbering

Deleted: C

Deleted: effectively

Deleted:

Deleted: be able to

Deleted: E

Deleted: R

Deleted: and members of the community liaison group



9

d. Settlement Information Paper (but not including the Settlement Deed, since Thames Water is offering that already)

e. Noise insulation and temporary re-housing policy.

6.4.10 Documents (a) and (d) were appended to the last version of the CoCP. They have now been removed as they will be updated and secured via a different mechanism.

Comment [d36]: Comments

on these policies will be provided

when detailed versions of these are

provided by TW in the New Year.

3 Communications and community/stakeholder liaison


10


7.1.1 The employer and contractor will provide community/stakeholder relations personnel, who will be focussed on engaging with the community/stakeholder to provide appropriate information and be the first line of response to resolve issues of concern. These arrangements will be implemented by Thames Water as soon as the DCO is approved and should not await the appointment of the contractor. Once appointed, the employer and contractor will then take every reasonable step to engage with nearby residents, including those who may be detrimentally affected by construction impacts. These steps will include keeping the local community informed of the programme for the construction works and, once appointed, the employer will ensure that the contractor informs occupiers of nearby properties in advance of works taking place, including the type and duration of the activity. In the case of work required in response to an emergency, the local authority and local residents will be immediately advised that short notice work is taking place. This will comply with the HSSE communication procedure (refer to HSSE Standard, Section8.1).

7.1.2 The contractor will develop, in conjunction with the employer and local authority, a ‘community liaison plan’ for approval by the relevant local authority, which will include the following:

a. Monitoring of contractor and subcontractor compliance with undertakings and performance against relevant commitments, local agreements and specific community requirements throughout the project. (These will be defined in the Sustainability Statement and in the project environmental management plan).

b. Maintenance of regular communication with the community, other stakeholders and affected parties to ensure they are all kept informed of the scope of works being undertaken, and the progress of the works and programme. The contractor will be required to produce information sheets of the works to be carried out, detailing expected disruptions and the measures being taken to minimise or mitigate adverse impacts of these works, ideally four weeks, but at minimum two weeks, prior to construction activity taking place. A liaison plan will be issued in advance to the employer and each relevant local authority, detailing the information to be supplied, for approval by the employer. The plan will include details and a map of properties to be notified directly with information sheets.

c. For tunnel boring, a website will be established (by the employer) that will provide information on the forecast and actual passage of the tunnel boring machines (TBMs).The contractor will be required to distribute leaflets along the route of the tunnel drives, giving notice of the forecast passage of the TBMs as the work progresses.

Formatted: Right: 2.5 cm,Top: 2.5 cm, Bottom: 2.5 cm,

Width: 21 cm, Height: 29.7

cm


Numbering


Comment [g37]: Subject to

TW drafting for 106, currently

awaited

Deleted: T

Deleted: s

Deleted: T

Deleted: as soon as reasonably practicable

Deleted: employer

Comment [bb38]: This needs to be defined – there is no

reference in the glossary

Deleted: at least

Deleted: two

Deleted:

Deleted: appropriate

Deleted: ies



11

d. Liaison with appropriate local community projects, local tenant and resident groups, community councils, employment and educational initiatives.

e. Provision of a point of contact for a small claims procedure, relating to claims of physical damage to property, or minor injuries. The contractor will assist in enabling any claims to be progressed promptly in co-ordination with the employer and insurer.

f. Co-ordination of preconstruction defect surveys in properties which have been identified. Liaison, in conjunction with the employer, with the building surveyor employed to carry out the surveys, and also to maintain a dialogue with the relevant property owners throughout the duration of the works.

g. Details of on-site project hub where this is being provided for a particular site.

7.1.3 Regular meetings will be held with residents (or their representatives), businesses and other local occupiers to keep them informed about the works, and to provide a forum for them to express their views, influence measures to minimise impacts and discuss any proposed revisions to the CEMP. The relevant local authority will be invited to participate and, if agreed by the local community, will be invited to chair the meetings.

7.1.4 The employer will maintain a free (for both landlines and mobiles) telephone helpline service during the programme construction period to handle enquiries and concerns from the general public. It will also act as a first point of contact for information in the case of any emergency. All calls will be logged, together with a record of the responses and action taken. Appropriate contacts and response times will be the subject of a detailed procedure to be agreed prior to the commencement of construction. Potentially affected occupiers will be notified of the helpline number and it will be widely advertised.

7.1.5 A confidential reporting line will be operated by the employer which links to the HSSE and Project Incident Plan.

7.1.6 A complaints register will be maintained by the employer,and a copy will be provided to the relevant local authority each month (or such other interval as is agreed with the local authority).The contractor will notify the employer of complaints when they are received, along with the event and any on-going actions.

7.1.7 Onsite communications, such as daily shift and activity briefings will be used to advise the site workforce of health, safety environmental, and community matters. This will include information obtained from community liaison on items such as noise generation and access issues, together with constraints detailed in the contracts (eg, working hours) and other documents, such as the DCO and this CoCP, regulating the project. This communication will be given to all relevant workforce, including new starters and sub-contractors, before they commence work. Further information can be found in the health and safety documentation. Toolbox talks will be used as a means to disseminate information to the workforce on a routine basis.

Deleted: aAppropriate

Comment [d39]: A project

website also needs to be provided for each site, which will be

regularly updated with the

opportunity to provide comments on line. A project email address is

also required.

Comment [d40]: Given the recent publicity around the

blacklist operated by the

construction industry around

employees who raised legitimate

concerns around health and safety,

it would be good to see some

assurance around how

whistleblowers are treated to

ensure they do not suffer any kind of detriment as a result of raising

concerns. Is there an industry

standard of good practice that could be referenced?

Comment [bb41]: In addition there needs to be some form of

Independent Complaints

Commissioner

Comment [d42]: 3.1.6Given

the fact that there may be high

levels of anxiety in some areas about the project and how it is

conducted as so

many people are at close proximity

to the sites, we would like to see a

transparent public record of

complaints made and the resultant

action/remediation taken. It will

be important for this large project

to demonstrate its accountability at the level of the local impacts. An

updated version of this can be

provided on display boards, the project hub and the project

website.

Deleted: ,



12

7.1.8 The employer will establish coordination and communication meetings with key stakeholders. The contractor will attend meetings as required and arrange other meetings where required. Any other meetings identified by the contractor will be notified to the employer. Meetings will include a regular traffic/transport liaison meeting with TfL, EA, PLA, and Natural England where relevant, and the associated borough to consider all sites in that borough.

7.1.9 The employer will also establish project-wide coordination meetings with local authorities, TfL, the EA, PLA, and Natural England at critical phases throughout the works for the scheme as a whole.

7.1.10 Any plans which have been consulted on and approved by the employer will be notified to the relevant stakeholders (eg, emergency preparedness plan).

Comment [g43]: Need to ensure fit with groups to be

established pursuant to Transport

Strategy



13


4 General site operations


14


8.1 Construction process

8.1.1 The construction of the project will extend across central London and require a number of major construction sites as well as smaller construction sites.

8.2 Working hours

General

8.2.1 The activities at the worksites are varied and include construction of major shafts, tunnels and other activities that will be constructed over extended periods of time and will include periods of working on a continuous 24-hour, seven days a week basis.

8.2.2 There will be variations in the hours of working between different sites which will be dependent on the ability to mitigate the potential effects of site working. The specific land uses and potential receptors surrounding the sites will also influence the working hours. The working hours by type of site are described in paras.8.2.11 to 8.2.13.

8.2.3 Working hours are identified in the CoCP Part B for each site. Requirements within the DCO provide that the project will be carried out in accordance with both Part A and Part Bs of the CoCP, unless agreed otherwise with the local authority. The contractor may apply pursuant to Section 61 of the Control of Pollution Act 1974 to vary these working hours which will have been fixed and approved by virtue of the CoCP Part Bin the light of the contractor’s detailed working methods. Further Section 61 application guidance is contained in Appendix A.

8.2.4 The Section 61 application process will include submitting noise and vibration predictions and associated mitigation, as appropriate and agreed with or required by the local authority. This is detailed in Section 6 of this document. When implementing best practicable means (as defined in the CoPA) for the control of noise and vibration, measures will be consistent with the recommendations of BS5228 (2009): Code of practice for noise and vibration control on construction and open sites.

8.2.5 This section provides details of the working hour classifications, as well as the flexibility to enable detailed agreement of the works between the contractors and local authorities, in liaison with the community groups, through Section 61 consents, dispensations or variations to ensure that the construction activities are mitigated in order to protect local sensitive receptors.

Classification of working hours

8.2.6 The working hours at the worksites will depend on the construction activities. The following table classifies the types of working hours that will be applied and the conditions that require to be complied with during them.


Numbering


Numbering




15

|As a matter of principle the relevant community liaison group should be advised and where appropriate consulted on the circumstances where works are likely to take place outside stsndard working hours.

Table 8.1Classification of different types of working hours

Classification Description

Standard working hours

08:00 to 18:00 Weekdays

08:00 to 13:00 Saturday

Plus up to one hour before and after for mobilisation, ie,07:00 to 19:00 weekdays, 07:00 to 14:00 Saturdays

Plus maintenance periods

13:00 to17:00Saturdays

10:00to16:00Sundays

These hours consist of:

a. standard working hours

b. mobilisation period

c. maintenance period.

These are the standard hours that will apply to the majority of worksites and construction activities.

These hours are the same as those that are defined by most local authorities within their individual boroughs.

Mobilisation period: Mobilisation activities will comprise the following: arrival and departure of workforce and staff at site and movement to and from place of work (if parked up, engines to be turned off, staff to remain considerate of neighbours, no loud music or raised voices); general refuelling (from jerry cans only, use of fuel tractors/to be limited to standard working hours); site inspections and safety checks; site meetings (briefings and quiet inspections/); site clean-up (site housekeeping that does not require the use of plant); site maintenance; and low key maintenance and safety checking of plant and machinery (provided this does not require or cause hammering or banging etc).

Mobilisation does not include lorry movements into and out of the sites.

Maintenance period: The activities allowed in this period are limited to those that do not cause significant noise or vibration. Maintenance activities will comprise general mechanical maintenance to construction machinery and plant such as cranes, excavators, compressors, grouting equipment and dewatering pumps. Only essential maintenance works will be undertaken on Sundays.

Extended working hours

18:00 to 22:00 weekdays

13:00 to17:00 Saturdays

These are intermittent and are required to cover certain construction activities that will not be completed during standard working hours.

These activities comprise works for major


Numbering

Deleted: w

Comment [d44]: This needs to be defined. What is significant in

this context?



16


concrete pours and piling/ wall works.

The number of work activities that require these extended working hours are limited, and are not necessarily on consecutive days.

The detail of the duration and frequency of the intermittent requirement for extended working hours will be included within the Section 61 application.

Where these works are not defined within the CoCP Part B, they will be agreed with the local authority through a Section 61 consent, dispensation, or variation, and notified to relevant stakeholders (eg, TfL). In addition the relevant community liaison group will be informed and consulted on the site specific circumstances as to when extended working hours would take place.

Continuous working hours

00:00 to 00:00Monday to Sunday

For the tunnel construction activities, the underground work and essential surface support activities will be undertaken on a continuous 24-hour, seven days a week basis. Underground work includes maintenance of underground machinery and plant.

Essential surface support activities comprise works required to support tunnelling including excavated material processing and handling, shaft lifting operations, tunnel lining supply, grout and concrete batching plant operation, barge loading and movements.

Out of hours/ possession working

It may be beneficial to undertake a number of activities outside of the standard working hours. These are required:

d. for utilisation of periods of low traffic flows for items such as abnormal loads/plant delivery; works within the highway or footpaths; works affecting operational railways

e. for utilisation of periods with low demand or flows for utility diversions and works on the existing sewer system

f. to ensure minimum disruption to third parties who may have on-going operations during the day.

This will be agreed with the local authority through a Section 61 consent, dispensation or


Deleted: (in liaison with the community panel)

Deleted: is



17


variation, and in consultation with relevant stakeholders. In addition the relevant community liaison group will be informed and consulted on the site specific circumstances as to when out of hours working would take place.

Tidal working Certain works are located in the foreshore and the construction activities will be required to be undertaken at high or low tides. Any tidal working outside of standard working hours will be agreed with the local authority through a Section 61 consent, dispensation or variation, and notified to relevant stakeholders.

River and rail transport hours

As continuous working hours

00:00 to 00:00Monday to Sunday

Main tunnel construction sites have the opportunity for excavated material to be removed by barge or train. At these sites (other than Chambers Wharf) barge and/train loading and transfer will be on a continuous 24-hour, seven days a week basis.

The movement of barges from construction sites is linked to the state of the tide and will be undertaken when the tide suits barge movement. Small CSO sites using the river will be dealt with on a site-by-site basis in Part B of the CoCP.

Short notice working There may be isolated occasions where there is the potential for works that need to be completed or undertaken to secure and make safe construction operations that will be outside the standard working hours.

Prior to the commencement of the works, the process for permitting, notifying and coordinating these works with the local authorities and relevant stakeholders will be approved by the local authority through a Section 61 consent, dispensation or variation, and notified to relevant stakeholders.

8.2.7 Key support activities are required for safeguarding the works and are required to be in operation and maintained on a continuous 24-hour, seven days a week basis. This includes items such as site security, pumps, ventilation fans, cranes and compressors. Such equipment will be shielded to provide noise attenuation (refer to Section 10).

8.2.8 Suitably qualified staff will be required to undertake monitoring and collect data and samples outside the standard hours, both within the worksite and in the surrounding areas.


Deleted: including

Deleted: .

Deleted: On a major project such as this, t

Deleted: At

Deleted: agreed with

Comment [d45]: There are

potentially significant implications

arising from this, particularly

given the lack of specified details

in the current text. The process for

how this will be deal with

therefore needs to be agreed now. TW to provide further details for

consideration.

Comment [d46]: These could

have significant noise implications. More detail needed on noise

attenuation – to what level? We

presume this will be specified in line with TW's commitment in its 2

December response to LBS on

mitigation.

Deleted: , as appropriate



18

Deliveries and lorry movements

8.2.9 Deliveries will be arranged to limit impacts on the road system. Deliveries and all vehicle movements will be restricted to standard working hours, or extended hours if agreed with the local authority through a Section 61 consent, dispensation or variation, or site specific requirements in the CoCP Part B. Where construction sites are located in areas where the lorry routes will pass schools or along roads used by schoolchildren, restriction on lorry movements during the main school opening and closing times will be put in place following discussion with the relevant school. Abnormal and special loads (as defined in the Road Vehicles (Authorisation of Special Types) (General) Order 2003” (S.I. 2003/1998) may be delivered outside standard working hours, subject to the requirements of the highways authority and the police. Any further requirements for a specific site will be included in the CoCP Part B. Lorry movements during extended working hours must relate to the activity that requires the extension.

8.2.10 Deliveries by lorry at night may only be allowed subject to approval from the local highway authority in accordance with relevant legislation on a site-specific basis; for example, in areas away from sensitive noise receptors.

Description of site types and associated working hours

Main tunnel construction sites

8.2.11 The main tunnel (including Greenwich and Dormay connection tunnels) will be constructed from a number of worksites. The construction phases undertaken on each worksite will include associated development works, site establishment, shaft construction, tunnel construction, shaft and tunnel lining, surface works and commissioning.

8.2.12 The tunnel construction phases (including secondary lining) will be undertaken on a ‘continuous working hour’ basis. The other construction phases will be undertaken within the ‘standard working hours’ unless otherwise agreed with the local authority through either a Section 61 consent, dispensation or variation, and notified to relevant stakeholders.

8.2.13 There are practicality considerations that necessitate the construction of diaphragm walls, and for other major concrete pours for the main shafts to be undertaken beyond ‘extended working hours’.

CSO sites

8.2.14 The construction phases, activities and durations for the CSO interception works and shafts will vary depending on the location; the working hours will depend on the construction phase.

8.2.15 The majority of the construction phases and activities will be completed within the ‘standard working hours’.

8.2.16 Certain activities cannot be completed within the ‘standard working hours’ and will require ‘extended hours’. These activities comprise major concrete pours and piling/wall works during shaft construction.


Numbering



Numbering

Comment [d47]: Not for Chambers Wharf, Shad Thames or


Deleted: ,

Deleted: unless

Deleted: in liaison with the relevant community group



19

8.2.17 A number of the construction sites will operate as connection tunnel drive sites, where the tunnelling works will be undertaken on a ‘continuous basis’. This applies to both short and long connection tunnels.

CSO interception works

8.2.18 A number of construction sites require connections to existing sewers and outfalls outside of the shaft construction sites. These works include requirements for traffic management (where works require temporary closure of the carriageway, governed by the DCO) and may be appropriate to be undertaken outside the ‘standard working hours’.

Associated development works

8.2.19 Associated development works are required, including traffic management and utility diversions. The working hours for these activities will aim to minimise disruption to traffic and the local environment. Beyond the CoCP Part B, any works giving rise to any significant noise effect will be captured under the Section 61 process, and as such approved by the local authority in consultation with the highway authority and impacts on streets and traffic management will be regulated under the DCO. It may be appropriate for certain work, such as works within existing highways, to be undertaken in out of hours/working hours and this will be subject to approval of the local planning authority via one of the above mechanisms.

8.3 Worksite layout

8.3.1 The contractor will ensure that the site layout and appearance will be designed using the following principles:

a. All sites will be fully secured with appropriate hoardings or fences, as defined in the employer’s specification.

b. Noise generating activities will be sited as far away as possible from noise sensitive receptors or screened so as not to exceed agreed levels.

c. Storage sites, fixed plant and machinery equipment and temporary offices will be located to minimise environmental impacts, and have due regard to neighbouring properties and the constraints of each site.

d. The site layout will also prevent, potential impacts from restrictions to natural light to adjacent property.

e. Site lighting will be located and directed so as to minimise intrusion into occupied residential properties and on sensitive areas including the river,and will not constitute a road, rail or river hazard.

f. River sites will have appropriate lighting to assist river navigationin accordance with relevant legislation, such as thePort of London Act 1968.

g. Internal vehicle routes will be arranged to prevent mud being carried out of the site.



Numbering


Deleted: A

Deleted: way

Deleted: limit

Deleted: consider and limit where practical

Deleted: minimise

Deleted: the risk of



20

h. Site drainage will be carefully considered to prevent areas of mud in one part of the site contaminating other areas.

i. Security cameras will be sited and directed so that they do not intrude into occupied residential or commercial properties.

j. Site plant and facilities will be powered from mains electrical sources, where reasonably practicable.

k. Where required temporary fencing will include appropriate noise attenuation.

l. Pedestrian access to and from adjacent residential and commercial premises will be maintained.

8.3.2 The contractor will display an information board containing contact names, telephone number and address, and the helpline number at appropriate locations on the boundaries of the sites (refer to Section 7 for more detail).This will be in accordance with the employer’s specification and approved community liaison plan.

8.3.3 The type of hoarding or fencing is required to comply with the following principles:

a. Meet the employer’s specification and standard detailed drawings.

b. The standard hoarding will be 2.4m high unless specified otherwise in agreement with the local planning authority.

c. The extent and height of hoarding or fencing at a particular location will be selected to maintain effective security and achieve appropriate noise attenuation, dust containment and visual screening.

d. Hoardings will be maintained in good condition throughout the contract.

e. Measures will be used for tree protection (refer toSection15.6).

f. Where reasonably practicable, existing walls, fences, hedges and earth banks will be retained (also to aid in site security where practicable).

g. Notices will be displayed on all site boundaries, where appropriate, to warn of hazards onsite such as deep excavations and construction access.

h. Appropriate sight lines/visibility splays will be maintained to ensure safety of both vehicles and pedestrians is preserved (refer to theHSSE Standard).

i. Temporary fences may be used in certain areas, such as for short-term occupation of sites or at more remote locations. Where indicated in the CoCP Part Bs, temporary fencing will include appropriate noise attenuation.

8.3.4 Hoardings where required will be of a design appropriate to the character of the surrounding townscape. This may include one or more of the following:

a. incorporation of art work visualising the proposed development or photographic views of the local area or incorporating art work, mounted onto standard well maintained hoardings


Deleted: minimise

Deleted: .



21

b. incorporation of viewing windows into standard well maintained hoardings to preserve important views and provide opportunities to observe construction activity

c. incorporation of a full cover of climbing plants on dark green painted hoardings, with the plants trimmed back only to allow for essential lighting and health and safety signage.

d. Signage showing diversion of footpaths and alternative access to businesses, community buildings etc.

8.3.5 Vehicle access and egress points will have gates positioned such that no gate will open outwards onto the highway where possible. As far as is reasonably practicable, gates will be located to allow vehicles to drive into the site, clear of any public highway. Where provided for noise control, gates will be of a similar material and construction to the boundary in which they are situated, and will be closed except when being used for access(refer to the HSSE Standard, Section 9).

8.3.6 The contractor will obtain any required hoarding licences from the appropriate highway authority if the hoarding has to be placed on highway land. Where the area of works is stopped up and the hoarding falls within the stopped up area, a licence will not be required.

8.3.7 The contractor will promote and enforce ‘good housekeeping’ arrangements on all the construction sites to ensure that clean, tidy and safe sites are provided. Arrangements will be implemented to provide effective preventative pest and vermin control and prompt treatment of any pest and vermin infestation. The contractor will ensure that the risk of infestation by pests and vermin is minimised. Adequate arrangements for disposing of food waste or other attractive material must be implemented. If infestation occurs the contractor must take action to eliminate the infestation and prevent further occurrence. Measures will be implemented to protect ecologically sensitive areas or legally protected and/or notable species (refer to Section 15 for further details).This will be assessed as part of the Considerate Constructor Scheme, where it applies.

8.3.8 The contractor will ensure that welfare facilities appropriate to the type of site (eg, drive site) are provided. The facilities will be connected to mains services and drainage, where reasonably practicable. Alternative arrangements will be provided when connection to the mains is not possible(refer to the HSSE Standard for further details).

8.3.9 Where there is potential for crane arcs to impact on trees and other ecology, suitable protection measures will be implemented (refer toSection 15).

8.4 Controls for works outside main site areas

8.4.1 This includes work activities around existing sewer systems and connection or construction works to existing CSOs.

8.4.2 The principles detailed within this CoCP will apply to other works, having regard to size, location, duration and scope of works being undertaken.


Numbering

Deleted: cable

Deleted: In general,

Deleted: t

Deleted: , as appropriate,



22

8.4.3 Each site requires appropriate method statements, risk assessments and consultation and approval from the employer in consultation with the local planning authority..

8.5 Cranes

8.5.1 Crane arcs will be confined within the site boundary or limits of land to be acquired, unless agreed otherwise with the local authority in accordance with statutory legislation for use of cranes which over-sail the public highway, and property owners/whose air space is affected (eg, London Underground, Docklands Light Railway, TfL, Network Rail, PLA). The contractor will obtain the relevant permissions (eg. Licence for use of crane which over-sails the public highway), in accordance with the relevant legislation, from TfL or the local authority, as appropriate, for cranes located adjacent to roads. Cranes will be operated in accordance with the requirements of BS7121, Code of Practice for Safe Use of Cranes.

8.5.2 Where there is potential for crane arcs to impact on trees and associated ecology, suitable protection measures will be implemented (refer toSection 15).

8.6 Site lighting

8.6.1 Site lighting will be provided to ensure the safety of work and to maintain security on the construction sites.

8.6.2 Where appropriate, and in discussion with the local authority and police, lighting to site boundaries will be provided and illumination will be sufficient to provide a safe route for the passing public. In particular, precautions will be taken to avoid shadows cast by the site hoarding on surrounding footpaths and roads, to deter the potential street crime. Appropriate industry standard procedures will be implemented.

8.6.3 The lighting will be positioned and directed so as not to unnecessarily intrude on adjacent buildings and land uses, and to prevent unnecessary interference with local residents or passing transport users (road, rail, and river).The design will ensure that any artificial light emitted from premises will not be prejudicial to health or be a nuisance as required by the Environmental Protection Act 1990.

8.6.4 Road lighting will be designed to comply with the provisions of BS5489, Code of Practice for the Design of Road Lighting, where applicable.

8.6.5 Further guidance is contained within Guidance Notes for the Reduction of Obtrusive Light,GN01, 2011, or later revisions published by the Institute of Lighting Engineers and Bats and Lighting in the UK, Bat Conservation Trust, May 2009

8.6.6 . This includes effects on:

a. The lighting design needs to consider terrestrial ecology including measures to prevent disturbance to notable species and ecologically sensitive areas (refer to Section 15).


Numbering

Deleted: employer

Deleted: Reduction of Light Pollution

Deleted: 05



23

b. The lighting design needs to consider the aquatic environment and avoid direct lighting of watercourses, where reasonably practical, to avoid inhibiting movements of photophobic species such as eel.

8.6.7 A lighting management plan will be prepared by the contractor for each site to detail requirements, provide design layouts and to demonstrate how the requirements are met by the design and will be approved by the local planning authority.

8.7 River works

8.7.1 All river works will be discussed prior to submission of the method statements with the MMO, the PLA and the EA. The proposed approach set out here is preliminary, pending these discussions. All works in the river or foreshore below mean high water mark will have to be approved by the MMO further to conditions on the deemed Marine Licence included in the development consent order and the protective provisions in the DCO in favour of the EA and the PLA.

Construction activities in the river of foreshore

8.7.2 Prior to construction activities starting (including temporary works), the contractor will provide further information to the MMO, the PLA and the EA about proposed river works including:

a. construction methodologies

b. materials to be used, including backfill to cofferdams

c. timings to construction activities

d. details of environmental mitigation measures

e. details of contractors and vessels to be used.

Dredging activities

8.7.3 Prior to dredging activities starting, the contractor will provide further information for approval to the MMO, the PLA, local planning authority and the EA including:

a. dredging methodologies

b. descriptions of dredge materials, including sediment quality sample analysis where appropriate ( e.g. for the determination of the presence or otherwise of contaminants within those sediments to be dredged)

c. timings of the dredging activities

d. dredging volumes

e. waste disposal locations and quantities

f. details of environmental mitigation measures

g. details of contractors and vessels to be used.


Numbering


Numbering




Deleted: employer



24

Removal of temporary works

8.7.4 Prior to removal of any temporary works from the river of foreshore, the contractor will provide further information for approval to the MMO, the PLA, local planning authority, and the EA including:

a. removal methodologies

b. waste disposal locations and quantities for backfill materials

c. timing of removal activities

d. details of foreshore reinstatement measures and material to be used

e. details of environmental mitigation measures

f. details of contractors and vessels to be used.

Removal of in-river piles

8.7.5 The contractor will design in river piling to facilitate removal, and make reasonable effort to remove all piles completely from the bed of the river upon completion of the works.

8.7.6 With the prior written agreement of the PLA and in accordance with relevant legislation, or as part of the River Works Licence, the contractor will ensure any piles which prove impossible to fully extract on application of the confirmed minimum crane pull of 40 tonnes, are driven down, cut off or removed to a depth of a least 1 metre below the adjacent riverbed level unless advised otherwise.

8.7.7 As the works are carried out the contractor will compile and make available for inspection by the PLA a survey report and plan, with plotted cut-off piles, a suitable permanent reference point, a note of the top level of each pile and adjacent riverbed level relative to chart datum. Upon completion of the works the contractor will provide a copy of the completed survey report and plan to the PLA.

8.7.8 The top of any cut-off piles will be retained and kept available for inspection by the PLA during the progress of the works and each one will be marked with the reference given to its pile stump in the survey so that by using the survey and plan the PLA can identify which stump it came from.

Cofferdam construction

8.7.9 The temporary and permanent material used for fill within cofferdams and temporary construction within the foreshore is to be suitable for use within the river environment and not cause any potential contamination to the river.

Scour and accretion

8.7.10 Prior to commencement of any part of the works which would be within the river, a scour monitoring and mitigation plan for that part of the works shall be prepared by the contractor in consultation with the Marine Management Organisation, the Environment Agency, the Port of London Authority and English Heritage and submitted to and approved by the MMO. The scour


Numbering


Numbering


Numbering


Numbering


Deleted: PLA



25

monitoring and mitigation plan shall be prepared in accordance with the Scour and accretion monitoring and mitigation strategy for temporary and permanent works in the foreshore.

8.8 Security

8.8.1 Site security is a significant issue, particularly for central London, and with highly visible construction sites. The contractor will comply with the HSSE Standard relating to security details full requirements including the following:

a. The contractor will ensure that all construction sites are secure and have manned security on a 24-hour basis(swipe card access may be considered). Access to the site will be limited to specified entry points only and all personnel entries/exits will be recorded and monitored for security, health and safety purposes.

b. The contractor has a statutory duty to prevent unauthorised access to the site and will carry out site-specific assessments of the security and trespass risk at each site, and implement appropriate control measures.

c. The site boundary will be secured and constructed such that it minimises opportunities for unauthorised entry. The boundary will be monitored remotely by CCTV at relevant locations. These locations will be determined in consultation with the local authority or local police as appropriate. Should the site boundary suffer damage, it will be immediately rectified by the contractor.

d. The contractor will consult with local crime prevention officers to determine security proposals for each site and to identify any security issues at particular sites with regular liaison to review security effectiveness and response to incidents.

8.9 Emergency preparedness plan

8.9.1 The employer will put in place an emergency preparedness plan(refer to the HSSE Standard for further details) at each site location, which the contractor will be required to adhere to. The procedures will be standardised, as far as possible, across the worksites and will be adapted to be appropriate to the anticipated hazards and the specific layout. The plan will include emergency pollution control measures that will take into account EA guidelines. The emergency procedure will contain emergency phone numbers and the method of notifying local authorities, statutory authorities and local community representatives. Contact numbers for the key employer and contractor’s staff will also be included. The approved Emergency preparedness plan will be notified to relevant stakeholders.

8.9.2 Consideration will also be given to vulnerable buildings and elements of transport infrastructure.

8.9.3 The contractor will ensure that the legislative requirements will be followed for the provision of safe site access points. This might include forums with


Deleted: locations will



26

relevant emergency services where appropriate. In all cases, the arrangements put in place will also be suitable for and in consultation with the emergency services (London Ambulance Service, London Fire Brigade, NHS trust, and the Metropolitan Police) and in consultation with the Local Authority Emergency Planning Officer.

8.9.4 The contractor will need to have standby equipment readily available (eg, road diversion signs).

8.9.5 The contractor will ensure procedures are in place for awareness of flood warning and preparation for a potential flood event relevant to the flood risks of each site. This will include the identification of an evacuation route and potential refuge areas in the event of a flood to enable egress and access from the site.

8.9.6 The plan will need to cover key areas of monitoring and mitigation activities. This includes for buildings, transport and utility infrastructure, and riverbed monitoring for scour. Any separate plans for these areas need to be identified and referenced.

8.9.7 Suitable spill kits will be provided and positioned in vulnerable areas and staff will be trained in their use and a record will be kept of all pollution incidents or near-misses, to ensure appropriate action is taken and lessons are learned. Regular ‘toolbox talks’ will be held to raise staff awareness of incident prevention and share lessons learned. There will be written procedures in place for dealing with spillages and pollution (the pollution incident control plan). The plan will contain the following as a minimum:

a. guidance on the storage and use of hazardous materials with the aim of preventing and containing spills and releases

b. guidelines on the degrees of containment which take account of the nature of the materials and the sensitivity of the environment

c. procedures to be adopted in the event of an environmental incident, to contain and limit any adverse effects

d. procedures and appropriate information required in the event of any incident such as a spillage or release of a potentially hazardous material

e. process in place to link into the incident management plan of the project.

f. systems for notifying appropriate emergency services, the EA and other relevant authorities, the employer and the contractor's personnel.

8.10 Pollution incident response

8.10.1 This will be intrinsic to the above emergency preparedness plan. Works will be carried out in such a way as to avoid pollution incidents. However, should any occur, incident response procedures, including appropriate

Formatted: Indent: First line:

0 cm, Tabs: Not at 2 cm


Numbering



Numbering

Deleted: .



27

equipment, materials and resources, will be implemented to contain and limit the effects.

8.10.2 The site procedures, methods of working and selection of materials will consider the risk of pollution incidents, and include mitigation measures to reduce the likelihood and impact of any incident. Preventative containment measures will also be considered.

8.10.3 Such procedures and measures will cover atmospheric, aquatic or land pollution and procedures in the event of fire.

8.10.4 The correct storage, handling, use, and disposal of any potentially hazardous materials will be carried out in accordance with the relevant statutory provisions and EA and Health and Safety Executive codes of practice and guidance notes, together with any manufacturer’s recommendations.

8.10.5 The relevant statutory bodies, including the Health and Safety Executive (Construction), Fire Authority, the EA, PLA and the local authority (Emergency Planning) will be consulted during the process of developing the pollution incident control plan. This plan will cover the procedures to be followed to limit the spread of pollution in the event of an incident. The pollution incident control plan will complement and be consistent with the relevant emergency preparedness plans, as required by health and safety legislation, other environmental management and health and safety procedures. The approved pollution incident control plan will be notified to relevant stakeholders.

8.10.6 The pollution incident control plan(refer to the HSSE Standard for further information) will contain:

a. an assessment of the type of materials to be used and the risk of contamination

b. guidance on the storage and use of hazardous materials, with the aim of preventing and containing spills and releases

c. guidelines on pollution prevention for sites on or adjacent to the river and watercourses

d. guidelines on the degrees of containment which take account of the nature of the materials and the sensitivity of the environment

e. procedures to be adopted in the event of a pollution incident, to contain and limit any adverse effects

f. procedures and appropriate information required in the event of any incident such as a spillage or release of a potentially hazardous material

g. systems for notifying appropriate emergency services, authorities, the employer and the contractor's personnel

h. arrangements for notifying appropriate statutory bodies andlocal authorities of pollution incidents, where required to by legislation

i. standby equipment and materials

j. specific arrangements for sites on or adjacent to the river




28

k. relevant procedures and contacts for each work site for forwarding to the emergency services and appropriate authorities.

8.10.7 Where pollution is likely to affect an environmentally designated site, safeguards will be included in the ecology and landscape management plan.

8.11 Fire prevention and control

8.11.1 All construction sites and associated accommodation and welfare facilities will have in place appropriate plans and management controls to prevent fires(refer to the HSSE Standard, Section 8.7, for further information).

8.12 Electromagnetic interference

8.12.1 The contractor will consider the effects of electromagnetic interference on wireless telecommunication systems (and including traffic and rail signalling equipment) during the design and construction of the project, which will include site-specific impacts from the demolition of buildings and the installation of tower cranes and, where appropriate, will employ best practice technology to ensure that levels of Radio Frequency Interference associated with the project are low and at acceptable levels.

8.13 Unexploded ordnance

8.13.1 A risk assessment will be completed by the contractor for the possibility of unexploded ordnance being found on all sites (particularly those within the foreshore) and a response process will be included in the emergency response procedures.

8.13.2 Unexploded ordnance (UXO) surveys will be undertaken using a "magnetomer survey" carried out by an accredited specialists. Any magnetic contacts that model as an UXO will be investigated to confirm identity. Any confirmed UXO will be managed and made safe by a suitably qualified specialist.

8.14 Utility works

8.14.1 The utility diversions and new works required by the design will be identified, and schedules produced and agreed with the utility owners and relevant authorities in accordance with the DCO and other applicable legislation and ,where appropriate, with the protective provisions. All out of hours Utility Work shall be covered by a section 61 prior consent application.

8.14.2 Account will be taken of any outages in planning the utility diversions.

8.14.3 Where further changes in utility infrastructure cannot reasonably be avoided, the contractor will make arrangements with the employer and owner of the equipment to be relocated, either temporarily or permanently, outside the area of the project works, and in accordance, where



29

appropriate, with the protective provisions. In some instances, the apparatus may be surplus to requirements and can be decommissioned.

8.14.4 When the work is carried out, the new equipment will be installed and commissioned before the existing infrastructure is disconnected, but there may be circumstances where a period of disconnection will be essential to allow safe completion of the work. In these circumstances, the contractor will agree appropriate arrangements (such as planned night time or weekend closures) with the relevant utility operator, and in accordance, where appropriate, with the protective provisions.

8.14.5 The contractor will locate, identify and protect (or divert if necessary) all utility plant and equipment reasonably expected to be materially adversely affected by the project works. Methods will include the use of ground penetrating radar and vacuum excavation. On a site-specific basis, this will include preliminary site investigations to confirm the extent and exact location of underground infrastructure, to confirm the accuracy of existing and provided records. Even with these precautions, there is a risk that unrecorded infrastructure will be encountered unexpectedly, in a city as densely developed as London. Before starting construction, the contractor will establish procedures with the utility operators for the management and mitigation of unforeseen events, and in accordance, where appropriate, with the protective provisions. Information from the Environmental Statement and site investigations work will be made available.

8.15 Worker access

8.15.1 The contractor shall produce a construction workforce travel plan for the project. The plan will be developed in accordance with the Draft Project Framework Travel Plan to encourage the use of public transport by those working on the project.

8.15.2 The contractor will only allow site vehicles necessary to undertake the works on site. No worker parking will be allowed unless specifically identified in the CoCP Part B, or unless agreed with the local authority. Site parking will be limited to operational vehicles such as mini buses, management and maintenance vehicles. The contractor will put measures in place to monitor and eliminate ‘fly-parking’ by workers in the vicinity of the site.

8.15.3 No temporary living accommodation is permitted on site.

8.16 Clearance of site on completion of activities

8.16.1 The contractor will clear and clean all working areas and accesses as work proceeds and when no longer required for the works.

8.16.2 At the completion of the construction activity plant, temporary buildings or vehicles not required during subsequent construction works will be removed from the site. All land, including highways, footpaths, public open spaces, river embankments/, loading facilities or other land occupied temporarily will be made good to the satisfaction of the employer, the landowner, relevant Requirements and any Section 106 provisions. This



30

will also be in accordance with the ecology and landscape management plan and the approved landscape design for the site.

8.16.3 Temporary working areas within the foreshore will be reinstated to a similar condition and material as was presented prior to the works as agreed with the EA prior to start of the works in accordance with any applicable part of the protective provisions. This is detailed in Section 11 – Ecology.

8.17 Considerate Constructors Scheme

8.17.1 The contractor will be required to manage sites and achieve formal certification under the Considerate Constructors Scheme. contractors will be required to attain certification under the following five areas (or as amended):

a. enhancing the appearance

b. respecting the community

c. protecting the environment

d. securing everyone’s safety

e. caring for the workforce.

8.17.2 For each site, contractors will be required to achieve a minimum score (eight out of ten) for each of the above sections (maximum score = 50). Should the site not be able to achieve a score of 40, an explanation indicating that the highest possible score has been achieved will be required from the contractor, as well as an improvement plan which will be agreed with the employer. Should the Considerate Constructors Scheme be updated, these requirements will be updated accordingly by the employer.

8.17.3 A copy of the Considerate Constructors Scheme certificate will be sent to the employer, and compliance with the Scheme will be audited through the contractor’s EMS.

Possible additional suggestions for this chapter

The Considerate Contractors website has a section aimed at working with a younger audience:

http://www.ivorgoodsite.org.uk/ Where appropriate this should be used as a tool of

communication with local schools and communities with young children both to enhance

safety and to promote the image of the construction industry.

Workplace Health

It is appreciated that the fifth section of the Considerate Contractors Code ‘Value their

Workplace’ goes some way to addressing workplace health issues, however given the

visibility of the project and its public prominence, it would be good to see the project

committing to the Mayor of London’s Healthy Workplace Charter and seeking to obtain

higher levels of accreditation over the scheme. Given the fact that the project has committed

to employing long term unemployed Londoners, the framework should help to support higher

levels of well-being at work, and more productive construction sites. The charter addresses


Numbering


Numbering

Comment [d48]: We note that a slightly amended checklist is in

use from Jan 2014 (and there may

be further changes by the time the

project starts.

Comment [d49]: In terms of

guidance around the scoring, this section needs to be amended to

reflect the latest guidance. At

present each of the five sections has ten questions. In each of the

five sections there are 4 questions

shown in bold. If any these are not

satisfactorily addressed, a

compliant score cannot be

achieved for that particular section.

Furthermore failure on any of

these key items would indicate a

pattern of poor management. If

this happens to be the case for any

of the 20 bold items, a clear

improvement plan needs to be put

in place and communicated to

relevant stakeholders/the Local

Authority and the Community

Liaison Group. Even if the

requisite 80% is achieved across the board and the audit is

‘compliant’, failing on ten items is

a matter of concern and recovery plans for any of the ‘failed’ items

need to be put in place. The high

metropolitan visibility of the sites, the duration and intensity of the

work and proximity to

communities means that simply

achieving minimum compliance

over the life of the scheme is not

good enough and none of the non

bold items should be treated as

optional and left unaddressed over

the construction period.

Comment [d50]: Reports on compliance with the Considerate

Contractors scheme need to be

provided

on a regular basis to the local

authority together with any

resultant improvement plans

for failed items. The Community

Liaison Group should also be kept

informed.

Deleted: A



31

Corporate support for wellbeing

• Attendance management

• Mental health and wellbeing

• Health and safety requirements

• Tobacco

• Physical activity

• Healthy eating

• Problematic use of alcohol and other substances

More details regarding the scheme can be found at:

http://www.london.gov.uk/priorities/health/focus-issues/health-work-and-wellbeing



32


5 Public access, the highway and river transport


33


9.1 Traffic management and control

9.1.1 The CoCP together with the Transport Assessment sets out the framework within which the project related traffic will be controlled and the basis for the production of further site specific level information. The CoCPPart Bidentifies any site-specific requirements and constraints, such as access/egress points for the worksites, and temporary and permanent closures and diversions of highways.

9.1.2 The contractor will comply with the legislation as amended by the DCO(including but not limited to the Highways Act 1980, the Road Traffic Regulation Act 1984, the New Roads and Street Works Act 1991 and the Traffic Management Act 2004). Articles 18, 55 and 56 of the DCO modify and, in some cases exclude, relevant highways legislation and the contractor must also comply with these Articles. The contractor will undertake the works in such a way as to maintain, as far as is reasonably practicable, existing public access routes and rights of way during construction(refer to the HSSE Standard). Alternative signposted routing will be provided where required and feasible.

9.1.3 The transportation of materials (including hazardous materials) will consider the risk of incidents, and include mitigation measures to reduce the likelihood and impact of any incident. Preventative containment measures will also be considered in advance.

9.1.4 The contractor will carry out the works in such a manner as to limit inconvenience to the public arising from increased traffic flows and disruptive impacts of construction traffic.

9.1.5 For each worksite, a site-specific traffic management plan will be produced, co-ordinated and then implemented by the contractor. The plan will be prepared in consultation with highway and traffic authorities and the emergency services. The plans will need to be approved by the relevant local planning authority in consultation with the relevant highway and traffic authority. The plans will include:

a. site boundaries and the main access/egress points for the worksites

b. temporary and permanent closures and diversions of highways (including programme and/or phasing)

c. how the contractor will meet the requirements of the transport assessment

d. the strategy for traffic management such as the use of parking measures and/or site operatives to manage how construction vehicles will enter and exit the sites

e. local routes to be used by lorries, cranes and abnormal loads generated by construction activity including, where required, the timings of use of


Numbering


Numbering

Comment [g51]: All subhect

to LBS's position on street and highway works and traffic

management as set out previously

and most recently in the in the marked up DCO


ongoing discussion

Comment [g53]: As above

Comment [g54]: As above



34

such routes, lorry holding areas, lorry route signing strategy, means of monitoring lorry use and any routes prohibited from use

f. a schedule and programme of the planned traffic management schemes and measures required to undertake the works

g. required bus diversions and bus stop locations

h. requirements for amendments to traffic signal infrastructure or timing modifications that need to be agreed with and provided by TfL

i. interfaces and effects with adjacent developments and other project construction sites, including measures to coordinate and reduce combined impacts

j. arrangements for lorry management as detailed in Section 9.2

k. measures (including notification to suppliers) to address potential risk to residents and activities on local roads adjacent to the construction site. These will include where appropriate restrictions on delivery hours where practical, and strict enforcement of speed limits

l. procedures for carrying out regular full safety audits on all permanent highway works and temporary diversion routes

m. a mechanism to monitor the assumptions within the travel plan.

9.1.6 Traffic management schemes to control, divert or amend traffic flows during the works will be submitted for approval to the relevant local highway authority in consultation with TfL. The submission will include:

a. scheme details and layouts including drawings and any traffic signal amendments

b. phasing and programming of scheme including control measures

c. fully validated traffic modelling and reports for the traffic management and control measures where necessary and specified in the CoCPPart B. The reports will be produced in accordance with the relevant guidance as issued by TfL

d. safety audits on all permanent highway works, temporary diversion routes and accesses and as required in the CoCP Part B

e. details of mitigation measures to reduce impacts on traffic(buses, cyclists and pedestrians) including traffic signal amendments, temporary diversion routes and measures to minimise duration of scheme

f. proposed publicity to notify and inform users before and during the implementation of all traffic management and control measures.

9.1.7 In conjunction with the Traffic Management Plan the contractor will produce a separate Construction Logistics Plan for each site. This details the efficient and sustainable management of material, and material vehicle and vessel movements to and from the site. The plan will be prepared in consultation with the PLA and local planning and traffic authorities. The plans will be submitted and approved by the local planning authority in


Numbering





35

liaison with the PLA and relevant local traffic authorities before commencement of work.

9.1.8 The planning of the works will include consideration of the access and servicing requirements of affected residential and commercial premises and the need to minimise lorry movements during school opening and closing times . The contractor will be required to undertake regular communications with parties affected by the works, as detailed in Section 7. Local residents and businesses will be informed in advance of the dates and durations of closures, and will be provided with details of diversion routes at least two weeks in advance of the works. Access and servicing requirements will be maintained, within the constraints of the works and the need to ensure the safety of the public.

9.1.9 Some traffic management proposals may require traffic regulation orders under the Road Traffic Regulation Act 1984 to cover measures such as the introduction of one-way streets, road closures, banned turns, and temporary speed limits. Where these have not been identified within schedules to the Draft DCO, applications will be made to the relevant highway authority in advance of the works.

9.1.10 The employer will assess overall traffic impact from the project and ensure that where required, traffic management is coordinated between the worksites and contractors.

9.2 Lorry management and control

9.2.1 The contractor will have the following lorry management requirements and vehicle measures applied to his own vehicles and those of sub-contractors and suppliers:

a. Membership of the TfL, Fleet Operators Recognition Scheme. The contractor and subcontractors will register, attain bronze membership for the start of construction progressing to silver within 6 months

b. Use of lorries that have ‘active’ fitted cyclist safety measures including side safety bars, a close proximity warning system comprising of a front mounted, rear facing CCTV camera or Fresnel lens, close proximity sensor, an in-cab warning device (visual or audible) and an external warning device to make the road user in close proximity aware of the driver’s planned manoeuvre

c. Use lorries and vans which display prominent signage on the rear of the vehicle to warn cyclists of the dangers of passing the vehicle on the inside

d. Lorry drivers are required to have undertaken Lorry Drivers Awareness courses in accordance to the requirements of LCC Safer Lorries Pledge (TfL recommended) that identifies and considers travelling in and around London, the known risks and hazards, and the highways and the safety issues and implications

e. Establish a monitoring and reporting system to check training and driving licence of lorry drivers and to report and investigate all collisions of project vehicles


Numbering

Comment [d55]: There is a potential problem of reversing

warning noises from HGVs and

the annoyance it can cause . How can lorries be made safe without

creating an irritating level of

intermittent sound which will be

very trying for other people in the

vicinity? This is a particular

problem for sites such as

Chambers Wharf in close

proximity to receptors.

Deleted: a

Deleted: course



36

f. Use of lorries that meet current best environmental practice, including Euro 6 emission standards, where appropriate

g. A review and assessment of potential conflicts and hazards that may lead to collisions with construction vehicles on route and accessing the site and confirm mitigation measures.

9.2.2 Approval of local routes, holding areas and backup routes to be used by construction lorries will be identified in the applicable traffic management plan.

9.2.3 The routes between the sites and the Transport for London Road Network and Strategic Road Network will be selected to limit effects on residential properties, businesses and sensitive receptors, such as schools, as far as is reasonably practicable. Where available, this is identified in the CoCP Part B.

9.2.4 There will be no parking of lorries on the highway in the vicinity of any work site for lorries waiting to deliver or remove materials from the site, except in specified areas identified in the applicable traffic management plan.

9.2.5 The contractor will communicate with all suppliers the requirements for access to each site to ensure that lorries do not arrive before standard working hours or wait in non-agreed areas.

9.2.6 An appropriate control system will be implemented for the arrival and dispatch of all vehicles containing excavated material, demolition materials or other material, to prevent congestion around the worksite and its access routes. Only vehicles notified in advance will be allowed on to site. No vehicle queuing to enter site, outside of the site will be allowed unless identified in the applicable travel management plan. Procedures will be established for moving on vehicles to prevent queuing.

9.3 Works within the highway or on a Public Right of Way

9.3.1 The DCO will include provisions relating to the carrying out of highway works (including stopping up orders).

9.3.2 All temporary closures of highways and public rights of way will be for as short a time as practicable. Pedestrian and reasonable vehicular and delivery access to premises will be maintained.

9.3.3 Diverted rights of way will be provided prior to the commencement of the relevant parts of the works. Suitable signage, lighting and barriers will be provided. Any proposed temporary diversionary signage for pedestrians shall be approved by the local planning authority in consultation with the highway authority through the DCO provisions and requirements.

9.3.4 Local residents and businesses will be informed in advance (a minimum of six weeks) of the dates and durations of closures, and will be provided with details of diversion routes, as detailed in Section 7, and an application for a s61 CoPA 1974, if the work is to be carried outside normal working hours.

Comment [d56]: Further detail

needed here for when this would

be appropriate.

Comment [bb57]: In addition

the LA should determine where such lorries should be used since

they have the best local knowledge

of areas particularly sensitive to

pollution

Deleted: Where necessary, a

Deleted: requirements

Deleted: s far as is reasonably practicable



37

9.3.5 The contractor will:

a. Limit the need for diversions of public rights of way, cycle routes or National Trails (including the Thames Path)

b. Limit the length of any necessary diversions of the above

c. limit the length of time diversions are in place

d. place controls to ensure the safety of pedestrians and cyclists if they need to cross a haul route

e. provide clear signage for any diversions, and advance notice of any closures/diversions

f. ensure any diversions are fully accessible and in line with Disability Discrimination Act requirements, as far as practicable and in the context of the route that is being closed temporarily.

9.3.6 The design and operation of the works will take into account people with reduced mobility.

9.4 Road cleanliness

9.4.1 All reasonable measures will be put in place to avoid and mitigate the deposition of mud and other debris on the highway as well as buildings adjacent to the highway. This will also minimise dust generation.

9.4.2 These measures will have regard to the nature and the use of the site, and will include:

a. hardstanding at the access and egress points which will be cleaned at appropriate intervals

b. vehicle wash-down points to clean vehicle wheels at each exit point from the site

c. the correct loading of vehicles and sheeting of loads where necessary to avoid spillage during their journeys

d. the use of sealed vehicles for transportation of wet materials that otherwise would have the potential to leak from the vehicle

e. the use of mechanical road sweepers combined with water sprays for the suppression of dust to clean site hardstanding, roads and footpaths in the vicinity of the site. This will be available to respond to emergencies within 1 hour

f. If necessary regular cleaning of buildings adjoining the highway affected by mud and dirt splashed up by construction traffic

g. the flushing of gullies in the vicinity of the site

h. the contractor is responsible to ensure concrete supplies do not spill on journeys to site, and any spills are adequately cleaned up.

9.4.3 After completion of any works affecting a highway, all surplus materials arising from the works will be cleared from the highway, leaving it in a

Formatted: Indent: First line: 0 cm, Tabs: Not at 2 cm


Numbering



Deleted: .

Deleted: /limit



38

clean and tidy condition in accordance with the requirements of the highway authority.

9.5 Highway and public right of way reinstatement

9.5.1 Where temporary alterations to the highway are required, the highway will be restored to the condition it was before the works or to a standard acceptable by the relevant highway authority.

9.5.2 Surveys will be used to establish the condition of the highway and public right of way prior to the commencement and after the completion of project works, in consultation with the highway authority. The locations where surveys will be undertaken will be identified in the traffic management plan. The highway authority will be notified of surveys and may send a representative to agree the survey if it wishes.

9.6 River transport and works

9.6.1 The CoCP establishes the framework within which project related river transport and works will be controlled. The CoCP will be considered as a high-level document which will foster the production of further information at a site-specific level. The HSSE standard and CoCP Part B, where applicable, will give further details of any site-specific requirements such as moorings, loading facilities, navigational aids and signage.

9.6.2 The contractor will ensure that legal requirements for works affecting navigational channels are implemented and will undertake the works in such a way as to maintain existing navigational channels during construction through liaison with the PLA and in accordance with navigational risk assessments.

9.6.3 The contractor will carry out the works in such a manner as to limit undue inconvenience to the public and other river users arising from increased barge movements.

9.6.4 For each relevant worksite, a site-specific river transport management plan will be produced, co-ordinated and then implemented by the contractor. The plan will be prepared in consultation with the PLA and Maritime and Coastguard Agency, as well as with the emergency services. Consultation will also be held with other key river users and stakeholders including freight, London River Services, passenger vessels, other operators, the relevant local authority, and the EA. The plan will include:

a. roles and responsibilities for activities associated with transportation on the river, including a navigation risk assessment, safety management and site-specific arrangements

b. dredging arrangements

c. a standard operating methodology, including methods to meet statutory and regulatory requirements

d. emergency arrangements and a contingency plan




39

e. measures and arrangements to prevent spillages of material into river. The loading processes will be assessed and spillage risks identified along with planned physical mitigation measures and procedures.

9.6.5 The planning of the works will include consideration of access and requirements of affected river users. The contractor will be required to undertake regular communication with parties affected by the works, as detailed in Section 7. Access will be maintained within the constraints of the works and the need to ensure the safety of the public.

9.6.6 The river transport management plan will include assessment of risks to recreational and commercial river users, and details of mitigation measures that will be considered.

9.7 References

a. Highways Act 1980

b. New Roads and Street Works Act 1991

c. Traffic Management Act 2004

d. Road Traffic Regulation Act 1988

e. Town and Country Planning Act 1990

f. Disability Discrimination Act 2005

Design standards

g. Traffic signs Regulations and General Directions 2002

h. Department for Transport - Chapter 3 Traffic Signs Manual

i. Department for Transport - Chapter 5 Traffic Signs Manual

j. Department for Transport - Chapter 8 Traffic Signs Manual

k. Department for Transport - Safety at street works and road works - a code of practice

l. Department for Transport - Guidance on the use of tactile paving surfaces

m. Department for Transport – Design Manual for Roads and Bridges


Numbering



Comment [d58]: Houseboat

communities in proximity to the

works need to be considered as

well as recreation and commercial

users. They may need access to

specialised schemes for

compensation and mitigation.



40


6 Noise and vibration


41


10.1 General

10.1.1 The CoCP establishes the framework within which noise and vibration as a result of the works will be controlled and for the production of further information at a site-specific level. The CoCP Part B identifies any site-specific requirements such as restrictions on noise generating activities (including mitigation), or working hours, activities and locations requiring further detailed consideration. Section 61 applications may seek variations in the working hours specified in the CoCP Part B in the light of the contractors detailed working methods.

10.1.2 The appeals process in the CoPA1974 (Sections 60(7) and 61(7) has been changed by the Development Consent Order (Article 55, Schedule 19, Part 1,para. 14, Schedule 17, para. 4(1)(b)). The contractor will be responsible for raising and conducting any appeals under the DCO in relation to Sections 60 and 61 of the CoPA 1974.

10.1.3 Contractors will be required to submit to the local authority, in liaison and consultation with the community groups, applications for Section 61 consents, variations and dispensations under the CoP A 1974 for all construction activities that may generate a noise effect, including tunnelling, unless agreed with the relevant local authority or otherwise in compliance with a specific noise limit stated in the DCO Requirements applying with the relevant site. Activities that may not require a Section 61 consent include only those which do not have significant noise and vibration impact, such as minor utility connections, existing sewer minor modifications, footpath crossovers, and traffic management schemes if carried out during normal working hours.

10.1.4 In addition to complying with any specific noise limits under DCO requirements, the contractor will employ Best Practicable Means (BPM), as defined under Section 72 of the CoP A, at all times to all activities, to minimise noise and vibration from the works.

10.1.5 The contractor will assess, consider and implement mitigation in the following order:

a. BPM, including:

i noise and vibration control at source - for example the selection of quiet and low vibration equipment, review of construction programme and methodology to consider quieter methods, location of equipment on site, control of working hours (see Section 5.2), the provision of acoustic enclosures and the use of less intrusive alarms, such as broadband vehicle reversing warnings;

ii screening - for example local screening of equipment, perimeter hoarding or the use of temporary stockpiles;





Numbering

Comment [g59]: Subject to EHO and legal review

Comment [bb60]: As stated in the Borough’s submission, Thames

Water will need to carry out a

detailed assessment of noise

impacts and eligibility for noise

insulations etc well in advance of

the appointment of the contractor

in order to ensure that noise insulation is in place before

construction works commence

Deleted: c

Deleted: .

Deleted: typically do

Deleted: .

Deleted: The

Deleted: are employed



42

b. if the noise exposure is still predicted to exceed the criteria defined in this CoCP, the contractor will propose noise insulation; or ultimately temporary re-housing.

10.1.6 Typical generic noise and vibration suppression measures to be employed are included in Section 10.4 and will be adopted on all sites where applicablerequired to meet the limits applying. Agreement of proposed measures will be sought from the local authority through Section 61consent, dispensation or variation applications.

10.1.7 Notification of the start of works and the provision of advanced information to local stakeholders is a key part of mitigating the effect of noise and vibration and Thames Water will ensure that the contractor carries this out.

10.1.8 The contractor will take into account statutory requirements in respect of noise and vibration (refer to Section10.8) as well as the guidance set out in the Mayor’s Ambient Noise Strategy (Greater London Authority, 2004).

10.2 Working hours

10.2.1 Control of working hours is a fundamental means of controlling noise and vibration.

10.2.2 The contractor will carry out the works in such a way as to limit the adverse noise and vibration impact of the construction activities. Therefore, as far as practicable, works will be undertaken during standard working hours. Details of the working hours are given in Section 8.2.

10.2.3 Locations of works that are anticipated to require works outside the standard working hours has been assessed in the Environmental Statement, and defined in the CoCP Part B, and will be confirmed in any Section 61 application (consent, dispensation or variation).

Section 61 consents

10.2.4 Before any works are undertaken which may generate noise effects beyond any limits specified in DCO Requirements, the contractor will seek to obtain from the relevant local authority consent under Section 61 of the CoPA.

10.2.5 The Section 61application will set out the specific method of working, the actual working hours required, and the specific standards and measures that will be used at identified locations to minimise noise and vibration.

10.2.6 The Section 61 application for the tunnel drive sites will include predictions and an assessment of ground borne noise and vibration from the tunnel boring machine and the temporary construction railway. Separate Section 61 applications are required for each local authority the tunnel passes through.

10.2.7 The contractor will engage in early discussions with the local authorities with respect to the information to be provided prior to submitting any Section 61 applications. This will include a list of the activities/stages for which separate Section 61 applications will be required. This is to enable all parties to focus on and agree those activities that could give rise to


Numbering


Comment [bb61]: The

Boroughs do not agree with the

Noise and Temporary Rehousing

policy as currently proposed

Deleted: applicable

Deleted: .



43

noise complaint and the most efficient approach to the Section 61 consent, dispensation or variation.

10.2.8 As required by the CoPA, BPM will be employed and demonstrated through programme, method and noise predictions to the local authority in the Section 61 consent application.

10.2.9 Justification, detailed description and assessment will be provided for activities outside standard working hours.

Section 61 consents: Dispensation/variation

10.2.10 In the event that works for which a Section 61 consent has been applied have to be rescheduled or modified (eg, method or working hours) for reasons not envisaged at the time of the Section 61consent submission, the contractor will apply for a dispensation or variation from the appropriate local authority, in advance of the start of those works, at the time specified within Appendix 1 The dispensation will be sought by means of an application for a variation to the agreed matters, setting out the revised construction programme or method and the relevant noise calculations. The guidance on use of dispensations and variations is included as Appendix J.

10.2.11 Where the rescheduling relates to work of a more urgent or critical nature (such as a key activity likely to delay other key activities), the contractor will apply to the relevant local authority using the Section 61 process, where practicable, seven days (but at least two working days) ahead of the start of those works for a dispensation or variation to the agreed matters.

10.2.12 Where working outside standard hours has been discussed and accepted in a Section 61 consent, a dispensation or a variation, occupiers of nearby residential or other sensitive property who are likely to be affected will be informed, as soon as reasonably practicable after the grant of the consent, by the contractor about this and, where appropriate, the likely duration of works (in accordance with Section 7).

10.2.13 The contractor will be required to maintain an up to date log of all relevant agreed hours and controls on working. This will incorporate any changes to working hours or practices set out in the CoCPPart B which have been agreed through the Section 61 process.

Unscheduled overruns

10.2.14 In the rare event that planned works not covered by a consent (either full Section 61 application or dispensation/variation) extend beyond the approved working hours and continue due to unforeseen circumstances that would affect safety or engineering practicability, the nature, time, location and reasons for the overrun will be immediately notified to the relevant local authority, community liaison group, and the employer, and records kept by the site management.

10.2.15 The local authority will be requested to provide a telephone number and nominate an officer to receive such notifications. Overruns and the reasons for these will be reviewed by the contractor, employer, community


Numbering


Deleted: n

Deleted: for

Deleted: the CoPA.

Deleted: ,

Comment [d62]: This is to

general and could result

unexpected impacts upon residents

etc. ‘Engineering practicability’ is

too general and unspecific a term. A defined process needs to be

provided by TW for who such

instances will be dealt with including definitions of the types

of safety and engineering issues

that might arise.

Deleted: as soon as possible,



44

liaison group and relevant local authority, with the aim of reducing the potential for further unplanned overruns.

10.2.16 In the case of work required in response to an emergency (or which, if not completed, would be damaging or unsafe), the relevant local authority will be immediately advised of the reasons for, and likely duration of, such works and the additional mitigation that is being provided.

10.3 Section 61 consent applications

10.3.1 Where a Section 61 consent is to be sought, before starting any construction activities which may cause noise and/or vibration, the contractor will, using the format in Appendix J, or as agreed with the local authority, prepare and submit to the relevant local authority information which will include:

a. an outline of the proposed construction method, type and number of plant to be used

b. definition of the working hours required and, where these differ from the standard working hours detailed in Section 8.2 of this document, a justification for the working hours sought

c. a work programme which identifies the location and duration of each significant noise-generating activity

d. the sound power levels, or sound pressure level at 10m, for each item of plant for each relevant activity

e. appropriate(in terms of noise level, duration and working hours) justification that the method and plant proposed demonstrates that BPM has been employed to control noise and vibration levels

f. predicted noise and vibration levels at specified locations supported by calculations as per the methodology in BS 5228 part 1 and part 2

g. all steps to be employed to minimise noise and vibration during the works

h. assessment of cumulative noise arising from the works for which consent is being sought, any other works that the contractor already has consent for and other nearby Thames Tideway Tunnel construction works or any other major construction works within the vicinity of the construction site.

10.3.2 The number, extent (geographically and in terms of construction activities) and duration of Section 61 approvals will be the subject of timely consultation between the contractor and each local authority.

10.3.3 Where works are near local authority boundaries but noise from the construction activities could cause disturbance in a neighbouring authority, the Section 61 submission will be made to the authority within which the construction activities are located, with a noise assessment made at locations representative of all neighbouring noise-sensitive receptors with a copy to the relevant neighbouring local authority/ies. Neighbouring local


Deleted: advised as soon as is reasonably practicable

Deleted: .

Comment [d63]: a) Timescales

also need to be provided in this section for how far in advance of

the works S61 consents should be

sought. This is vital given the links with the

mitigation/compensation policies

and the need for mitigation to be

provided. The amount of time

required cannot be underestimated

and the contractor needs to be

aware of this.

b) Details also need to be provided

for the phases of works for which

individual s61 consents will be

sought.

c) Details needed for how

mitigation will be factored in for any variations to an existing s61

consent.



45

authorities will be consulted in advance of the works to determine the need for any additional measures.

10.3.4 Where the works are to be undertaken on the boundary within two local authorities, an application will be made to each authority. The authorities are requested, through discussion, to agree a common set of consent conditions to be issued from each local authority.

10.3.5 Further information and good practice guidance for the development of consent applications is included in Appendix J.

10.4 Noise and vibration control measures

Noise

10.4.1 Generic measures to be considered in implementing BPM will be consistent with the recommendations of BS 5228 and may include one or more of the following, as appropriate:

a. careful selection of construction plant, construction methods and programming

b. equipment to be suitably sited so as to minimise noise impact on sensitive receptors

c. use of site enclosures and temporary stockpiles, to provide acoustic screening

d. choice of routes and programming for the transportation of construction materials, excavated material and personnel to and from the site (refer to also Section 9)

e. careful programming so that activities which may generate significant noise are planned with regard to local occupants and sensitive receptors.

f. If mitigation of vibration impacts at source is not adequate, consideration witll be given to the temporary rehousing of affected residents

10.4.2 Specific measures to be employed will be based on best practicable means and may include:

a. acoustic suppression systems

b. operation of equipment in the mode of operation that minimises noise

c. shutting down equipment when not in use

d. selection of piling methods which limit noise and vibration to acceptable levels (pressed in piling where possible)

e. breaking out concrete by means other than percussion

f. handling materials in a manner which minimises noise

g. limiting noise generation of river based plant, vessels and transport.

10.4.3 The following items of fixed plant will be contained within a suitable noise enclosure: pumps, generators, compressors, concrete batching plant,



Numbering





46

water settlement and waste water plant, and grout plant. This measure will only be required where the plant does not already have sufficient in built noise attenuation:

a. Conveyors:

i the mounting of underground conveyors used to remove excavated material from the tunnel face will be designed and installed so as to ensure that ground-borne noise and vibration to buildings above the tunnel are minimised.

ii a maintenance programme will be implemented to ensure that the noise generation of the conveyor does not deteriorate over time

iii the surface conveyor systems will be acoustically enclosed where they run through or adjacent to noise-sensitive areas

b. Temporary construction railway:

i the alignment, jointing and mounting of temporary construction railway will be installed, maintained and operated in a manner so as to minimise the transmission of vibration and ground-borne noise from the passage of rail vehicles(Groundborne noise criteria of the temporary construction railway to meet the 35 LAFmax design criterion.

ii all diesel locomotives will be fitted with efficient exhaust silencers

iii track passing locations (including joints and switches) will be located away from sensitive surface receptors. In addition speed restrictions may also be required

c. Temporary tunnel ventilation:

i all tunnel ventilation plant with connections to the atmosphere in any noise-sensitive location will be subject to mitigation measures appropriate to its local environment, including enclosures or screening

d. reversing alarms: the contractor will manage the noise from reversing alarms by means of the following:

i The site layout will be designed to limit and where reasonably practicable, avoid the need for the reversing of vehicles.

ii A banksman will be utilised to avoid the use of reversing alarms.

iii Reversing alarms incorporating one or more of the features listed below or any other comparable system will be used: highly directional sounders, broad band signals, self-adjusting output sounders, flashing warning lights.

iv Reversing alarms will be set to the minimum output noise level required for health and safety compliance.

e. for temporary working areas including works within highways, the use of noise barriers or enclosures for machinery.


Formatted: Indent: First line: 0 cm, Tabs: Not at 3.5 cm




Deleted: limited

Comment [bb64]: White noise reversing systems need to be

considered – reversing alarms are a considerable source of nuisance

particularly at night



47

Underwater noise and vibration

10.4.4 The contractor will be required to control vibration generating activities (particularly ‘in-river’ works such as pile installation and removal, installation of jetties, cofferdams, and campsheds) with regard to protecting fish. A piling method statement will be provided and agreed with the employer in consultation with the EA and local authority. The method statement will specify the type of piling technique proposed, with justification as to why the technique has been chosen, mitigation measures and timing of the piling works.

10.4.5 Any site-specific BPM identified are included in the relevant CoCP Part B. No formal regulatory standards exist in England and Wales to limit underwater noise emissions or vibration, and the current informal EA policy is based on pragmatic use of noise predictions and evidence from relevant field studies. For vibro and percussive piling, the following will be applied:

a. avoiding piling at night to ensure free windows of opportunity for no disturbance within each 24-hour period

b. limiting noise and vibration levels at the midpoint of the navigable channel to leave part of the river cross-section passable at all times

c. undertaking noise and vibration measurements at prescribed points and intervals

d. where technically feasible, utilising low noise/vibration cofferdam or pile/pier installation techniques, such as pressing or vibro piling rather than impact/percussive piling.

10.4.6 Where vibro piling is used, slowly increase the power of the driving to enable fish to swim away before the full power of the pile driver is felt through the river.

10.4.7 In the event that in-river percussive piling is needed, prior approval from the employer in consultation with the adjoining local authority/ies and EA will be required.

10.4.8 Toolbox talks will be provided to raise the skill level and competence of staff and labour undertaking piling works, of the need to consider noise and vibration impacts on aquatic ecology.

10.4.9 Where predictions indicate that best practice limits would not be achievable, the underwater noise-generating activities will be confined to outside peak fish migration periods, unless otherwise agreed with the employer in consultation with the EA.

Vibration

10.4.10 The contractor will use BPM to minimise vibration generated by the works in order to:

a. avoid adverse effects on vibration sensitive equipment

b. minimise disturbance to residents and other users of buildings close to the works


Numbering


Numbering


Numbering


Deleted: limit



48

c. protect buildings from physical impact, if it is not reasonably practicable to avoid very high levels of vibration.

10.4.11 The contractor will use BPM to limit the effects of vibration on people, buildings and vibration-sensitive equipment. Appropriate control measures will be agreed with the local authority through the Section 61 process. In establishing criteria, controls and working methods, the contractor will take account of guidance in BS6472, BS5228 and BS7385. At a minimum, the criteria used for assessment in the Environmental Statement will be adopted.

10.4.12 Where activities that are likely to give rise to high levels of vibration are planned or where percussive operations are required near receptors that could be sensitive to noise and/or vibration maximum noise level (LAMax) and peak particle velocity, the need to undertake vibration predictions in support of the relevant Section 61 consent, dispensation or variation will be agreed with the local authority in advance of submitting the consent application. The predictions will be used to guide the selection of steps to minimise vibration and other activities (such as advanced information leafleting and, in extreme cases, building condition surveys) where it is not practicable to minimise vibration at source.

10.4.13 For the protection of buildings from damage, the contractor will need to carry out vibration predictions and act on the results of the predictions and/or measurements.

10.4.14 Action to assess and, where necessary, minimise any adverse effects on vibration-sensitive equipment will be dealt with on an individual basis as appropriate within the relevant Section 61 application.

10.5 Noise insulation and temporary re-housing

10.5.1 The contractor will provide noise insulation or organise temporary re-housing when instructed to do so by the employer. The employer is solely responsible for determining and instructing when the policy is to be enacted, based on the contractor’s detailed methods of construction. It should be noted that this process is not part of the Section 61 consent process, and as such it is to be carried out in parallel.

10.5.2 The Noise insulation and temporary re-housing policy has been developed to provide additional protection for residential property in the event that it is not practical to mitigate construction noise on site, or reduce its exposure durations to tolerable levels. In the event of differences, the requirements of the policy will take precedence over this section of the CoCP.

10.5.3 Where, in spite of the measures set out in this CoCP and any Section 61 consents, noise levels at affected residential properties are expected to exceed the trigger levels for the periods defined below (Table 6.1), approved noise insulation, (or reimbursement of the reasonable costs thereof), or temporary re-housing of occupants as appropriate, will be offered. Affected parties will be notified and the works will be completed in advance of the commencement of works which may cause the relevant trigger levels to be exceeded. Further details on this and the other issues

Comment [d65]: Further comments will be provided when

the full details of these policies is

made available – at present the Boroughs do not agree with the

proposed methodology.



49

listed below are included in the Noise insulation and temporary re-housing policy.

10.5.4 Noise insulation or temporary re-housing will be offered to qualifying parties when noise levels are predicted, or measured, to exceed:

a. the relevant trigger levels as detailed in Table 6.1; or

b. where the current ambient noise level is greater than the noise insulation trigger level:

i The ambient noise level will be used as the noise insulation trigger level.

ii The ambient noise level +10dB will be used as the temporary re-housing trigger level.

Table 6.1Noise trigger levels

Day Time Averaging

period, T

Noise insulation

trigger level

dB LAeq,T

Temporary

re-housing trigger level

dB LAeq,T

0700-0800 1 hour 70 80

0800-1800 10 hours 75 85

1800-1900 1 hour 70 80

Mondays to Fridays

1900-2200 1 hour 65 75

0700-0800 1 hour 70 80

0800-1300 5 hours 75 85

1300-1400 1 hour 70 80

Saturdays

1400-2200 1 hour 65 75

Sundays andpublic

holidays 0700-2200 1 hour 65 75

Any day 2200-0700 1 hour 55 65

10.5.5 All noise trigger levels are predicted or measured noise levels, at 1m from any affected facade containing windows to bedrooms or living rooms in any property, due to construction noise only.

10.5.6 Noise insulation (or the reasonable costs thereof against agreed bills) will be offered to owners, where applied for by owners or legal occupiers, if all of the following apply to a property lawfully occupied as a permanent dwelling:

a. The predicted or measured noise level exceeds the noise trigger level for noise insulation at the property during at least three days out of any period of seven consecutive days or ten days out of any period of fifteen consecutive days or alternatively during 40 days in any six month period.

b. Noise insulation does not already exist that is of an equivalent standard to that which would be allowed for under the noise insulation (railways and other guided systems) regulations 1996.


Numbering


Numbering





50

c. The property complies with all other requirements of the noise insulation (railways and other guided systems) regulations 1996.

10.5.7 Temporary re-housing (or the reasonable costs thereof) will be provided, where applied for by legal occupiers, if both of the following apply to a permanent dwelling:

a. The predicted or actual noise level exceeds the noise trigger level for temporary re-housing at that property for at least three days out of any period of seven consecutive days or ten days out of any period of 15 consecutive days or alternatively 40 days in any six month period.

b. The property complies with all other requirements of the noise insulation (railways and other guided systems) regulations 1996.

10.5.8 The Noise insulation and temporary re-housing policy is primarily applicable to residential buildings but non-residential buildings will be considered where these are occupied by noise sensitive uses such as hospitals and educational establishments on a case by case basis.

10.5.9 It may not be practicable to install noise insulation to achieve the required standard to some lightweight dwellings, including houseboats and residential caravans. Where noise insulation is not practicable, the temporary relocation of caravans or houseboats to an alternative site (or the reasonable costs thereof) will be provided if the property would otherwise be eligible for noise insulation under this CoCP provided that these residences were legally occupied as permanent residences on or before 16 July 16 2012 when the employer’s Section 48 notice was published.

10.6 Noise and vibration monitoring

General statement

10.6.1 The need for noise and vibration monitoring and potential monitoring locations will be identified in the Section 61 application, and will be the subject of discussion between the contractor, the employer and the local authority prior to submission of the Section 61.Monitoring data will be made available to the local authority weekly, or at an agreed frequency.

10.6.2 The contractor will need to adhere to any site-specific noise and vibration monitoring related conditions imposed by the local authority.

10.6.3 Noise and vibration monitoring will take the form of:

a. off-site noise and vibration monitoring to demonstrate compliance with levels in the Section 61 consent application

b. on-site noise and vibration monitoring to demonstrate compliance with plant levels in the Section 61 consent application

c. on-site surveillance monitoring to demonstrate that the noise and vibration mitigation, methods and assumptions in the Section 61 consent application are being adopted on site.

10.6.4 Consent from landowners will be required for the erection of any monitoring equipment.


Numbering





51

10.6.5 Any incidents of noise limits being exceeded will be reported by the contractor to the employer local authority and the employer to forward to the local authority as soon as is practical.

10.7 Suitably qualified persons

10.7.1 The person(s) responsible for the development of Section 61 applications and variations, and for the associated noise and vibration calculations and/or monitoring,will demonstrate:

a. a summary of training and education relevant to the management of construction noise and vibration

b. experience of the Section 61 process and of monitoring noise and vibration

c. confirmation that the individual is, at minimum, an associate member of the institute of acoustics

d. a ‘certificate of competence’ from the institute of acoustics course, ‘environmental noise measurement’.

10.8 References

Relevant acts of parliament/regulations

a. Control of Pollution Act 1974, Section 61

b. Construction Plant and Equipment (harmonisation of noise emission standards) Regulations (1989)

c. Control of Noise (Codes of practice construction and open sites) (England) Order (2002)

d. Hazardous Waste (England and Wales) Regulations 2005, as amended

e. Environment Act 1995,as amended

f. Environmental Protection Act 1990, as amended

g. Noise Act 1996

h. The Control of Noise at Work Regulations 2005 (Statutory Instrument (SI) 2005/1643)

i. Pollution Prevention and Control Act 1999

j. Environmental Permitting (England and Wales) Regulations 2010,as amended

k. Railways and other guided systems Regulations 1996

l. Public Health Acts 1936 and1961.

British standards

m. BS 5228: 2009 (Parts 1 and 2) Code of Practice for Noise and Vibration Control on Open Construction Sites, British Standards Institution

n. BS 4142: 1997Method for rating industrial noise affecting mixed residential and industrial areas, British Standards Institution


Numbering





52

o. BS 6472: 2009Guide to evaluation of human exposure to vibration in buildings (1 Hz to 80 Hz), British Standards Institution

p. BS EN 60651:1994 Specification for sound level meters.

General guidelines

q. GLA 2004. ‘Sounder City’. The Mayor’s Ambient Noise Strategy. Greater London Authority (March 2004).


Numbering



53


7 Air quality


54

11 Air quality

11.1 General

11.1.1 Gaseous and particulate pollutant emissions to the atmosphere from vehicles and plant used on the site, and dust from construction activities, will be controlled and limited in accordance with all applicable law and beyond that as far as is reasonably practicable. Potential sources and sensitive receptors will be identified and appropriate control measures will be applied.

11.1.2 The contractor shall prepare and implement an Air Quality Management Plan for each worksite. The air quality management plans will include an inventory and timetable of emission and dust-generating activities, details of appropriate control measures and arrangements for dust monitoring, with particular regard to the location of sensitive receptors, and including monitoring equipment to be used. The air quality management plan shall be approved by the relevant local authority and the employer prior to construction works commencing.

11.1.3 The air quality management plans must include all the dust and emissions mitigation measures applicable to the circumstances of the relevant site, from the Best Practice Guidance (BPG), The Control of Dust and Emissions from Construction and Demolition published by the GreaterLondonAuthority and London Councils in November 2006 (BPG, 2006, or the Supplementary Planning Guidance (SPG) when published) for the worksite to which it relates.

11.2 Vehicle and plant emissions

11.2.1 The contractor will ensure that the adverse effects of vehicle and plant emissions are controlled utilising the measures contained within the BPG/SPG. Measures to be employed for limiting emissions and avoiding nuisance will include the following as a minimum:

a. ensuring that the engines of all vehicles and plant onsite are not left running unnecessarily

b. using low emission vehicles and plant (so as to comply with particle emission limits)

c. minimising movement of construction traffic around the site in both site layouts and routine operations

d. implementing operational procedures for tugs and other river transport that consider emissions and include methods to reduce them where practical.

11.3 Dust emissions

11.3.1 The contractor will comply with all applicable law including the provisions of the Health and Safety at Work Act 1974, the Environmental Protection


Numbering


Numbering


Deleted:

7 Air quality


55

Act 1990, the Environment Act 1995 and the Clean Air Act 1993, and the regulations made there under, including the Control of Substances Hazardous to Health Regulations (SI 2002/2677).

11.3.2 Beyond complying with these provisions, the contractor will design and implement appropriate measures to limit the impact of dust.

11.4 Dust control

11.4.1 The contractor will ensure that air quality management plans will be prepared and implemented for each worksite, including controls to limit dust emissions. Two levels of control for dust impacts are required, with the techniques used in line with the BPG/SPG and the Building Research Establishments publication Controlling particles, vapour and noise pollution from construction sites (2003).

11.4.2 Emergency control arrangements will be adopted in the event of a pollution incident, or complaint arising from dust. This will include liaison with the relevant local authority, and will be consistent with relevant legislative requirements.

11.4.3 The contractor’s dust control procedures will consider periods of drought.

Standard dust control procedures on all sites

11.4.4 The standard dust control procedures will include (but not be limited to) the measures detailed within the BPG/SPG, as appropriate:

a. measures to reduce dust formation

b. measures to reduce dust re-suspension

c. measures to control dust present

d. measures to reduce particulate emissions

e. measures to ensure road cleanliness (refer to Section 9.4)

f. monitoring and recording of dust-generating activities

g. site based training (eg, induction and toolbox talks to raise skill level and competence of staff and labour)

h. measures to control dust from demolition.

Additional dust control procedures on main drive sites

11.4.5 For main drive sites, the type of activity onsite and the duration of operations are likely to require more dust control. The dust control procedures adopted will include those detailed in the BPG for the most high risk sites (high risk refers to the likelihood of dust generation).

11.4.6 The additional dust control procedures will include, as appropriate measures such as:

a. additional screening of dust-generating activities

b. sealing of dust-generating surfaces

c. full time road sweepers




Numbering


Deleted: T


Deleted: need to

Comment [bb66]: These measure should be put in place on

all construction sites and not just the main drive sites

7 Air quality


56

d. any specific monitoring requirements (and will be confirmed in the relevant CoCP Part B).

11.4.7 Techniques such as total enclosure of certain operations to protect vulnerable receptors will be implemented where necessary to avoid unacceptable impacts. The measures will be proportionate to the risk and will be site-specific. The air quality management plan will include an inventory and timetable of dust-generating activities, and identify appropriate control measures and arrangements for dust monitoring, with particular regard to the location of sensitive receptors, including monitoring equipment to be used.

11.5 Dust and particulate monitoring

11.5.1 The contractor will ensure that dust and particulate monitoring will be carried out on project construction sites. A risk-based approach will be used to identify the type of dust monitoring to be used at each worksite by looking at the details of the specific packages of work within the site boundaries and the receptors around the site. Monitoring locations will be agreed with the relevant local authority. Where works are near to more than one local authority boundary, the monitoring locations will be agreed with each local authority for their respective areas.

11.5.2 Sites will have passive deposition monitoring techniques adopted at appropriate locations (site boundaries/local receptors) according to specific site conditions.

11.5.3 A baseline will be established by the contractor prior to construction at all sites. This will be determined, where specifically required, for a twelve-month period (or for a shorter period if agreed with the employer in consultation with the relevant local authority), derived from data sourced from local background PM10 concentrations measured by the Automatic Urban and Rural Network (AURN) monitoring sites, and appropriate local authority automatic monitoring sites.

11.5.4 The contractor will begin dust monitoring as soon as reasonably practicable after obtaining possession at relevant sites in order to provide localised data to augment the data obtained from the AURN/local authority sites.

11.5.5 During construction, continuous particulate monitoring will be undertaken using appropriate survey instruments at locations agreed with the local authority.

11.5.6 Instruments will be setup at relevant sites to operate an alert system when a predetermined site action level is reached. If the alarm is triggered, the following actions will be taken:

a. The contractor, or someone delegated by the contractor, will as quickly as practicable investigate activities on the site to ascertain if any visible dust is emanating from the site, or activities are occurring that are not in line with dust control procedures.

b. Any identified causes will be rectified where practicable. Actions will be recorded in the site logbook and the relevant local authoritynotified of



7 Air quality


57

the event and actions by telephone or email, as soon as practicable, after or during the dust event.

c. If no source of the dust event is identified, other project sites and local authority or AURN monitoring sites will be contacted to establish if there is a wider area increase in particulate concentrations.

d. If the cause of the alert is not related to site operations, the outcome of any investigation will be recorded in the site logbook and reported to the relevant local authority at an appropriate time.

11.5.7 Dust monitoring will be continued until the site is deemed to be low risk. The cessation of monitoring is subject to consultation with the local authority in whose area the worksite is situated and agreement with the employer.

11.6 Odours

11.6.1 It is not anticipated that the works will give rise to any significant odour impacts but, if necessary, the contractor will adopt appropriate measures so as to avoid the creation of statutory nuisance, or significant loss of amenity from odours.

11.6.2 Where connection works to the existing sewer systems are to be made, the contractor’s method statement will consider the potential increase of odour to sensitive receptors, and manage and control foul water flows as appropriate.

11.7 References

a. The Air Quality Standards Regulations 2010 (SI 2010/1001)

b. The Air Quality Limit Values Regulations 2003 (SI 2003/2121)

c. Environmental Protection Act 1990, as amended

d. Clean Air Act 1993

e. Pollution, Prevention and Control Act 1999

f. Environmental Permitting (England and Wales) Regulations 2010, as amended

g. Department for the Environment Food and Rural Affairs.Air Quality Strategy for England, Scotland, Wales and Northern Ireland(July 2007)

h. The Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677)

i. Buildings Research Establishment. Controlling particles, vapour and noise pollution from construction sites, parts 1 to 5 (2003)

j. Greater London Authority and Mayor of London’s guidance. The Control of Dust and Emissions from Construction and Demolition – Best Practice Guidance (2006)

k. Control of Asbestos Regulations 2006 (SI 2006/2739)


Comment [bb67]: The

paragraph is too vague – need

clarification of “significant”

7 Air quality


58

l. Asbestos (Licensing) Regulations 1983 (SI 1983/1649), as amended in 1998 (SI 1998/3233)

m. Asbestos: The survey guide (HSG 264), 2010.Health and Safety Executive

n. Hazardous Waste (England and Wales) Regulations 2005, as amended.

7 Air quality


59


8 Water resources


60

12 Water resources

12.1 General

12.1.1 The contractor will undertake the works and implement working methods to protect surface water and groundwater from pollution and other adverse impacts, including change to flow, flood storage volume, water levels and quality. The contractor will protect the integrity of the flood defences. This will be completed in accordance with relevant legislative requirements and industry guidance.

12.1.2 The contractor will, within its CEMP, include detailed arrangements in accordance with relevant legislation (including, but not limited to the Water Resources Act 1991, the Environmental Permitting Regulations 2010 and the Land Drainage Act 1991) to obtain EA approval for works which could affect any surface water or groundwater resource or any flood defences. These arrangements will need to include the discharge of waters from construction sites to any water courses as well as any works that are required within 16m of a flood defence asset.

12.1.3 Water management plans will be produced by the contractor for each of the construction sites, including water courses or underlain by aquifers, and will take account of the guidance contained within the relevant Pollution Prevention Guidelines (PPGs) issued by the EA and other Construction Industry Research and Information Association (CIRIA) documents. This will be approved by the employer in consultation with the EA. Specific receptors in the water environment will be listed in the plans. Where appropriate, integrated aquatic ecology and water quality plans will be developed.

12.1.4 The emergency preparedness plan and pollution incident control plan, detailed in Sections8.9 and 8.10, will include effects on water resources. EA guidance on pollution incident response planning will be reflected in the emergency plans.

12.2 Site drainage

12.2.1 Sustainable methods for discharges including site drainage, surface runoff, and dewatering discharges will be utilised. This includes discharge to water courses subject to water quality and rate of discharges and scour assessments. For discharges to mains foul or combined sewers relevant permissions will be obtained from the statutory undertaker. Discharge to watercourses will insofar as not dealt with in the DCO will only be permitted where permits or other relevant approval has been obtained. Sufficient time will be made for the EA to issue permits in accordance with relevant legislation.

12.2.2 The contractor will ensure that the site drainage meets the effluent and flood risk standards required by the sewerage undertaker and EA, as appropriate, in accordance with the relevant permit, and will provide and maintain holding or settling tanks, separators and other measures as may


Numbering

8 Water resources


61

be required. The contractor will ensure that access is provided to the undertaker and EA so that samples of discharge can be obtained and analysed, and the flows verified as required.

12.2.3 All temporary hardstanding, as far as reasonably practicable, on non-foreshore sites will incorporate permeable surfacing unless there is a risk of ground/water pollution from contaminates.

12.2.4 Any discharge to sewers and controlled waters will be required to be in accordance with the DCO provisions, having regard to the relevant licensing body’s requirements.

12.2.5 Water flows from sites will be limited during construction to existing runoff rates, unless otherwise agreed with the EA in accordance with relevant legislation.

12.2.6 The relevant sections of British Standard 6031: Code of Practice for Earthworks for the general control of site drainage will be followed.

12.3 Protection of watercourses

12.3.1 The contractor will seek to control flood risk to appropriate levels set bythe EA, using mitigation, compensation and/or monitoring where required. Insofar as it is not dealt with in the DCO, approval will be obtained in advance for all crossings of, diversions to, and work affecting watercourses from the EA. Sufficient allowance will be made for theEAto issue land drainage consents.Insofar as it is not dealt with in the DCO, appropriate protective provisions will be agreed with the EA for works under, over or within a river channel and within 16m of a tidal river and 8m of a non-tidal river.

12.3.2 Protection measures for works in or adjacent to watercourses will be provided in accordance with requirements set out by the EA.

12.3.3 Watercourses, including land and/or road drainage, within the construction sites will be maintained.

12.3.4 Measures will be taken to prevent the deposition of silt or other material in any existing watercourse, canal, lake, reservoir, borehole, aquifer or catchment area, arising from work operations. The measures will accord with the principles set out in industry guidelines, including the EA’s note PPG 5, Works in near or liable to affect water courses, and CIRIA’s report C532, Control of water pollution from construction sites. Measures include use and maintenance of temporary lagoons, tanks, bunds and silt fences or silt screens, as well as consideration of the type of plant used and the time of the year for working in watercourses.

12.3.5 Other than in water bodies where the PLA guidelines will be applied, sediment plumes from dredging in inland waterways, including those under control of the Canal & River Trust, will be controlled by measures in accordance with the principles set out in industry guidelines such as the CIRIA’s report 169, Inland Dredging – guidance on good practice, and Section 6 of CIRIA’s report C547,Scoping the assessment of sediment plumes from dredging. Contaminated dredged material will be managed

Deleted: Insofar

8 Water resources


62

as described for other contaminated land materials in Section13.In addition, relevant EA guidance will be followed, including the following:

a. General guide to the prevention of pollution: PPG 1

b. Pollution prevention guidance for working at construction and demolition sites: PPG 6

c. Vehicle washing and cleaning: PPG 13

d. Dewatering of underground ducts and chambers: PPG 20

e. Incident response planning: PPG 21

f. Storage and handling of drums and intermediate bulk containers: PPG 26.

12.3.6 Measures will be taken with regard to ‘in-river’ works to limit the release of suspended sediment and solids into the water column.

12.3.7 For works where materials are being loaded and unloaded on the river, the contractor is required to establish suitable management arrangements and mitigation measures so as to prevent spillage of transferred materials. This includes design of conveyor systems, enclosures, conveyor belt scrapper locations and selection of other loading equipment. Monitoring methods and contingency arrangements areto be included in the river transport management plan (Section 9) and emergency preparedness plan (Section 8.9).

12.4 Control of pollution of surface water

12.4.1 The contractor will ensure that protection measures to control the risk of pollution to surface water will be adopted and will include:

a. Any containers of contaminating substances onsite will be leak-proof and kept in a safe and secure building or compound from which they cannot leak, spill or be open to vandalism. The containers will be protected by temporary impermeable bunds (or drip trays for small containers) with a capacity of 110% of the maximum stored volume. Areas for transfer of contaminating substances(including refuelling areas) will be similarly protected.

b. Any permanent oil storage tanks and temporary storage of over 200 litres of oilin drums and mobile bowsers, and ancillary pipework, valve, filters, sight gauges and equipment require secondary containment, eg, bunding or drip trays (The Control of Pollution (Oil Storage) (England) Regulations 2001). Also, any oil stored within 10m of a watercourse or within Source Protection Zone (SPZ) 1 or SPZ 2requires secondary containment, eg, secondary bunding impermeable to water and oil, with no drainage valve fitted for draining of rainwater.

c. The secondary containment must be sufficient to contain at least 110% of the maximum contents of an oil tank, mobile bowser or intermediate bulk container.



8 Water resources


63

d. Above-ground pipework will be properly supported, and underground pipework will be protected from physical damage and have adequate leakage detection; and all mechanical joints on oil pipes must be easy to inspect. Oil and hydrocarbon underground pipes will not extend into the groundwater saturated zone, unless approval is obtained from the employer, with risk acceptably mitigated.

e. All refuelling, oiling and greasing will take place above drip trays or on an impermeable surface (eg, plant nappy) with sealed drainage or oil interceptor, which provides protection to underground strata and watercourses, and away from drains as far as is reasonably practicable. Vehicles and plant will not be left unattended during refuelling.

f. Only construction equipment and vehicles free of oil/fuel leaks which could cause material contamination will be permitted onsite. Drip trays will be placed below static mechanical plant.

g. All wash down of vehicles (including wheel washing) and equipment will take place in designated areas, and wash water will be prevented from passing untreated into watercourses and groundwater and will comply with PPG13.

h. PPG 23 will be followed when carrying out maintenance of structures over water. Where practicable, only biodegradable hydraulic oils will be used in equipment working in or over watercourses.

i. Appropriate measures are to be taken to protect erodible earthwork surfaces.

12.5 Control of pollution to groundwater

12.5.1 The contractor will ensure that protection measures to control the risk of pollution to groundwater are included within the CEMP; these will, in particular, be consistent with the Environmental Permitting (England and Wales) Regulations 2010. The CEMP will address the items in Section 8.4.1 as well as the following:

a. The potential for construction activities to cause cross-contamination, either by upper aquifer being connected to the lower aquifer or by the movement of groundwater of different qualities, thereby affecting the lower aquifer.

b. The handling of material from the excavation of shafts and tunnels is another potential source of contamination. The contractor will need to ensure that the handling of contaminated excavated material, any treatment processes required and the storage of excavated material does not affect the upper or lower aquifer. Measures will be put into place to prevent contaminated run off reaching open ground.

12.5.2 The contractor will avoid using materials in the permanent or temporary works that could result in direct or indirect discharge of hazardous substances or non-hazardous pollutants to groundwater, as defined under the Groundwater (England and Wales) Regulations 2009(“The input of hazardous substances to groundwater will be prevented, and the input of


Numbering

8 Water resources


64

non-hazardous pollutants will be limited to ensure that they do not pollute groundwater”).

12.5.3 The materials to be used for construction within the lower aquifer will be agreed with the EA.

12.5.4 Personnel employed on hand excavation of aquifer materials or the handling of excavated material within a zone designated as an inner SPZ or 50-day time of travel zone (SPZ Zone 1) will be required to undergo prestart and on-going health screening, to protect the water from potential contamination. Inductions for these personnel will include the need for personal hygiene and the dangers of contamination to groundwater.

12.6 Management of impact on abstraction boreholes

12.6.1 The foregoing sections describe the measures used to minimise the risk of groundwater pollution and adverse impact on water resource. However, at any particular abstraction, there will be a residual risk that the water quality may deteriorate, such that the abstractor may no longer use the water for the current or licensed purposes. The following precautionary actions will be applied, where applicable, to limit and manage the residual risks:

a. Where determined and agreed with the owners/operators or other abstraction licence holders, targeted risk-based audits and checks of water quality monitoring will be undertaken at abstraction sources by the contractor. The period of monitoring will be appropriate to the timing and type of work undertaken, and will include a period of baseline monitoring. The need for intermediate monitoring holes and procedures for water and contaminant testing during construction and operation will be discussed with the owners/operators or other abstraction licence holders.

b. The contractor will arrange any monitoring of water levels in areas where dewatering of the deep aquifer is planned.

c. Where the water quality monitoring shows an adverse impact on water quality as a result of the works, the contractor will contact the relevant abstractor (licence holder and operator) and the EA as soon as practicable. The contractor will put in place appropriate emergency measures to overcome the adverse impact where this has resulted from the project works. These emergency measures may include the transfer of a potable water supply to another water source and informing the water users. Further monitoring and remediation will be arranged as appropriate.

12.6.2 The contractor will recognise the rights of existing abstractors and consult them on measures to avoid or minimise loss or interruption of supply, or provision of alternative supplies. The EA will also be consulted through the permitting of discharges for the dewatering schemes required (refer to Section 12.8).The Environmental Permitting (England and Wales) Regulations 2010,as amended, apply to discharges of water to surface waters that are controlled waters. Discharges to groundwater are generally excluded from these regulations.


8 Water resources


65

12.7 Flooding

12.7.1 The contractor will be responsible for obtaining from the EA updated modelled water levels (for the 1 in 200 year return period event including climate change) as well as updated information on the required standard of protection of the flood defences.

12.7.2 The contractor will ensure that flood risk is managed safely throughout the construction and implementation period, and that all designs are compliant with the Flood Risk Assessment included in the Environmental Statement, and include the provision of a safe refuge during a flood event. Within the water management plan, a ‘flood risk compliance procedure’ will be included. This will deploy a risk-based precautionary approach, using the source–pathway–receptor concept, and will apply to temporary and permanent works.

12.7.3 The contractor will be responsible for providing and maintaining continuous flood defence provision, for both permanent and temporary works, to the statutory flood defence level as detailed within the Flood Risk Assessment. This is a requirement of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879, and is essential to ensure that both the sites themselves and third-party land and assets in the surrounding area are protected from flooding appropriate protective provisions will be agreed with the EA, in accordance with relevant legislation, for any works within 16m of the Thames tidal defence alignment, under the Water Resources Act 1991 and Thames Region’s Land Drainage Bylaws. The existing standard protection will not be reduced even if it is above the statutory defence level.

12.7.4 The contractor will consider and implement appropriate measures to manage the potential risks of flooding from fluvial rivers, localised perched groundwater, overland surface water flows and sewer surcharging, in accordance with the details provided within the Flood Risk Assessment. This will include consideration of potential flow paths within the site which could become active in the event of extreme rainfall and/or sewer surcharging, particularly during temporary works. Overland flow paths will be determined by site topography, therefore vulnerable operations and materials will be located within elevated parts of the site, away from potential flow paths. If this is not possible, other appropriate protection measures will be incorporated.

12.7.5 The existing flood defences are required to be monitored for stability for surface construction works, tunnelling, dewatering, filtration and river works. Reference should be made to Section 13 on third-party impact and settlement.

12.7.6 The contractor will assess potential build-up of groundwater on the upstream side of below ground structures, as this may lead to rise in groundwater levels and in severe occurrences of groundwater flooding, and mitigate where appropriate. At the end of construction where temporary support, such as sheet piling and secant piles, do not form part of the operational structure, pile walls where required will be removed, cut-

8 Water resources


66

down or piped through routes provided to prevent the potential build-up of groundwater.

12.8 Dewatering

12.8.1 The following provisions will apply to groundwater dewatering activities:

a. Records of water pumped (volume and quality to sewer and/or watercourse) will be kept at all dewatering sites where wells are constructed in the lower aquifer, or as required under the terms of a permit.

b. Water quality at all dewatering sites will be monitored, applying a risk-based check and audit sampling approach appropriate to the location of operation. Monitoring will comprise laboratory testing and field tests required under the conditions of a permit. Monitoring may need to be agreed at locations where a permit is not required. Any contamination observed will be recorded, notified and proposals for disposal agreed.

c. Visual inspection at an agreed frequency of the discharged water will be carried out to ensure excessive suspended solids are not present in the discharge. Pumping will cease immediately (without risk to site personnel and equipment) if polluted discharge is noted. The frequency will be approved by the employer and will be included within the water management plan.

d. Discharge rates and location of discharge point to be approved by the employer and the EA to minimise impact of scour within the receiving watercourse.

12.8.2 Monitoring arrangements for dewatering will be in accordance with the Groundwater monitoring strategy included in the employer’s Environmental Statement.

12.8.3 Any site-specific monitoring arrangements outside of the limits of land to be acquired or use will be approved by the employer in consultation with relevant parties and such activities shal be carried out in accordance with the CoCP and other relevant provisions of the DCO

12.8.4 Dewatering operations for cofferdams and in-river structures need to consider fish rescue arrangements. To the extent that it is not dealt with in the DCO, prior written consent from the EA is required under the Salmon and Freshwater Fisheries Act, 1975, to net or trap fish, or introduce fish into a water course.

12.9 Ground treatment

12.9.1 The ground conditions at sites principally in the central and eastern parts of the proposed development may require ground treatment techniques. Ground treatment may be required at both main tunnel sites and around the connection points of connecting tunnels to the main tunnel. The use of ground treatment techniques does have the potential to affect both groundwater resources and water quality.


Numbering

Deleted: .

8 Water resources


67

12.9.2 The effects of ground treatment on the stability and integrity of adjacent structures, such as river walls, is required to be assessed. In addition ground treatment can have adverse construction impacts from noise etc.upon adjoining buildings and all works should be carried out in accordance with the CoCP

12.9.3 Any materials and methods used for ground treatment will be approved by the EA before being used. The contractor will maintain a list of the products authorised for use.

12.9.4 Site-specific monitoring proposals for those sites where ground treatment will be used, will be approved by the EA in consultation with relevant parties. This includes groundwater quality monitoring around grouting areas and visual inspection of adjacent watercourses, where relevant.

12.10 Monitoring

12.10.1 Where significant changes in water levels in the upper aquifer are expected, additional site investigations may be required. Water levels at selected observation piezometers will be monitored after dewatering or construction of the cut off is completed. The monitoring data will be analysed in relation to data on elevations of nearby basements and existing drains. Additional drainage will be provided as mitigation where necessary. here appropriate, any existing monitoring from either the employer’s Environmental Statement or site investigation work will be adopted.

12.10.2 Where discharge to water courses is permitted monitoring of groundwater levels and groundwater quality at appropriate down hydraulic gradient locations will be undertaken.

12.10.3 The dewatering activities and other construction activities around certain sites have the potential to affect both the lower aquifer resources and a number of ‘key’ abstractors from the Chalk aquifer. The groundwater environmental monitoring programme will define baseline conditions and trigger levels using a risk-based approach. If any triggers are exceeded, emergency measures will be implemented to mitigate any significant effects.

12.10.4 The contractor will provide monitoring details defined within the design, the scope of works and construction method submissions for approval by the EA.

12.11 Dredging

12.11.1 Dredging will be undertaken in accordance with any dredging licences and required permissions( Port of London Act 1968, Marine and Coastal Access Act 2009) from the PLA, the MMO and EA to ensure stability of defence walls is not affected, and for ecological requirements and compliance with the Water Framework Directive.

Deleted: Where

8 Water resources


68

12.11.2 To the extent that it is not dealt with in the DCO, appropriate protective provisions will be agreed with the EA for works within 16m of a tidal river and 8m of a non-tidal river.

12.11.3 The contractor will follow PLA guidance for dredging in the Thames Tideway and its tributaries. The critical period of June to August for dredging when juvenile fish are using nursery habitats will be avoided, unless agreed otherwise with the employer in consultation with relevant stakeholders. This will be achieved through programming capital dredging outside this period, and implementing a monitoring programme to identify future maintenance dredging. There will be sufficient monitoring of the river morphology and maintained depth at any berths will be in place to avoid emergency dredging requirements within the critical period. Where practicable, the contractor will undertake a single maintenance dredge prior to the critical period.

12.11.4 The contractor may need to undertake emergency dredging within the critical period of June to August. Emergency dredging is defined as dredging in response to an unforeseen event or occurrence, which could not be reasonably expected or planned and which jeopardises the operation of the barge loading facilities.

12.11.5 Dredging will be undertaken using techniques that limit the dispersal of intertidal sediments, such as a back hoe dredger. Where dredging could lead to exceedence of the Probable Effects Level, dredging will be undertaken using a method, such as with an enclosed bucket on the backhoe, to minimise sediment loss and thus mobilisation of contaminants.

12.11.6 Where sites that may require dredging lie within the stretch of the river known to support spawning habitat for smelt and dace, careful regard will be given so as to limit any impact on biodiversity within the river and the Salmon and Freshwater Fisheries Act 1975.

12.11.7 The restricted period for dredging (ie, June to August) may need to be extended to include the spring period (ie, March to May) at sites lying close to known spawning areas or areas with fresh water riverine species. These sites are listed within the Environmental Statement.

12.11.8 Dredging works excludes local bed levelling for installation and maintenance work on or around temporary campshed areas. However, the contractor will assess these activities for the potential to release sediment, and the construction method will be required to control this, otherwise a dredging license will be required in accordance with relevant legislation(Port of London Act 1968, Marine and Coastal Access Act 2009).

12.12 References

a. Water Framework Directive

b. Water Resources Act 1991, as amended by the Environment Act 1995

c. Water Resources Act 1991


8 Water resources


69

d. Water Act 2003

e. British Standard: Code of Practice for Earthworks.BS 6031:2009

f. EA PPGs, including:

i PPG1: General guide to the prevention of pollution

ii PPG2: Above ground oil storage tanks

iii PPG3: Use and design of oil separators in surface water drainage systems

iv PPG6: Pollution prevention guidance for working at construction and demolition sites

v PPG21: Pollution incident response planning

g. CIRIAC532Control of water pollution from construction sites: Guidance for consultants and contractors

h. CIRIA/EA Joint Guidelines: Concrete Bunds for Oil Storage Tanks

i. CIRIA/EA Joint Guidelines: Masonry Bunds for Oil Storage Tanks

j. EA Guidance Note: Piling into Contaminated Sites

k. The Groundwater Regulations 1998 (SI 1998/2746).Control of Pollution (Oil Storage) (England) Regulations 2001 (SI 2001/2954)

l. The Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677)

m. The Groundwater (England and Wales) Regulations 2009,No. 2902

n. The Environmental Permitting (England and Wales) Regulations 2010, as amended

o. The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations: Statutory Instrument 2003/164

p. The Environmental Protection (Prescribed Processes and Substances) Regulations: Statutory Instrument 1991/472

q. Environmental Protection Regulations 2010

r. Thames Region Land Drainage Bylaws, 1981, as amended 1991

s. Salmon and Freshwater Fisheries Act 1975.


Numbering


Numbering

9 Land quality


70

13 Land quality

13.1 General

13.1.1 The contractor will assess contaminated land under guidance contained within the Environmental Protection Act 1990 (Part IIA). This guidance, referred to as the Part IIA regime, came into force in England in April 2000 by enactment of Section 57 of the Environment Act 1995. The accompanying Contaminated Land (England) Regulations 2000 (SI 2000/227) state the conditions under which land is defined as contaminated. The contractor will develop mitigation measures in accordance with these regulations , applicable DCO Requirements and the HSSE requirements for contractors.

13.1.2 The main objective of Part IIA is to provide a system for the identification of land where contamination is causing unacceptable risks to human health or the wider environment, with respect to the current use and setting of the local authority. If contaminated land is identified, the guidance contained within Part IIA is intended to ensure that where it is reasonable to do so, mitigation is carried out so that the land no longer presents an unacceptable risk.

13.1.3 The contractor will assess for invasive plants, and use associated guidance as detailed in Section 15.4.

13.1.4 The contractor will review information available within the Environmental Statement relating to contaminated land.

13.2 Site assessment and remedial practice

13.2.1 The contractor will carry out site assessments, investigations and/or risk assessments in order to assess the potential for contamination in both soil and groundwater, in accordance with standard industry guidelines including Model procedures for the Management of Land Contamination, Contaminated Land Report 11, in accordance with DCO Requirements on contaminated land. Any necessary measures will be approved by the employer and the relevant local authority in consultation with the EA,.

13.2.2 Where appropriate, specialist site surveys will also include Unexploded Ordnance Surveys which as a minimum would include a site-specific desk study and recommendations for safe methods of work during construction.

13.2.3 A set of criteria for site investigation will be developed by the contractor in consultation with the local authority, prior to the commencement of any intrusive works. Where site investigation reveals the presence of contamination, an appropriate remedial strategy will be developed to identify the most appropriate option for dealing with the presence of contamination. This strategy will include the following:

a. The contractor will liaise with the local authority, the EA and other relevant statutory bodies and will agree control or protection measures necessary to provide appropriate mitigation with the employer. This


Comment [g68]: Subject to EHO and legal review

Deleted: wherever construction work is planned

Deleted: ,

Deleted: and the relevant local authority

Deleted: with a view to addressing their requirements,

Deleted: approve

9 Land quality


71

may involve the sealing, excavation and disposal of soil or onsite remedial works.

b. The consolidated European Waste Catalogue lists those wastes that are ‘absolute entries’ (hazardous waste regardless of their concentration) and ‘mirror entries’ (hazardous waste only if ‘dangerous substances’ are present above threshold concentrations). Contaminated soils are ‘mirror entries’ in this catalogue. This means that contaminated soils may be classified as either hazardous or non-hazardous, depending on the concentrations of ‘dangerous substances’ in the soil. An assessment of the composition of the waste soil using appropriate techniques, which could include sampling and laboratory analysis, will be undertaken to determine if the waste is classifiable as hazardous.

c. The contractor will also give consideration to alternatives to landfill disposal as the solution to treating contaminated soil. This may include the use of remedial technologies (in-situ and ex-situ) to reduce the quantity of soil requiring disposal, and/or treatment of soils to a standard such that they can be reused at a site or be disposed of as non-hazardous waste. Onsite remedial works will be carried out under the Environmental Permitting (England and Wales) Regulations 2010, as amended. Re-use of excavated soils will follow the guidance given in the Definition of Waste Industry Code of Practice.

d. All relevant information regarding the export of waste soils including anticipated volumes, WAC testing results, trip notes etc as well as information regarding volumes, chemical testing, and deposition of imported soils, will be retained to form part of the Validation Report

e. Contamination issues will be recorded in the project health andsafety plans,in accordance with the Construction (Design and Management) Regulations 2007, to protect affected parties.

f. Monitoring of excavation works will be undertaken to check for unexpected or unusual materials with a contaminative potential. This material could consist of buried drums, tanks or containers, soil, groundwater or liquids with an unusual colour or odour, or other evidence of contamination. If this type of material is encountered, work will be stopped until the material has been properly identified and suitable precautions taken, including amending risk assessments and the remedial strategy, if appropriate. This approach will be included in the Construction Phase Plan.

g. The contractor will undertake specific precautions if materials containing asbestos are present or encountered during works, in order to comply with the Control of Asbestos Regulations 2012 and their amendments, and adhering to relevant guidance, including Asbestos: Exposure Limits and Measurement of Airborne Dust Concentrations (EH10 and MDHS 39/4) and Managing Asbestos in Workplace Buildings 1988.

h. The contractor will ensure that there are designated areas onsite where contaminated materials can be separated from clean ones and stored in an appropriate environment. Storage of contaminated materials may


Numbering

9 Land quality


72

require specific facilities to prevent contaminants from leaching into the ground, nearby watercourses or neighbouring properties.

i. Guidance provided in the EA’s PPGs in respect of water pollution, in particular PPG 1, PPG 2, PPG 5, PPG 6, PPG21 and PPG23, will be followed as far as is reasonably practicable. Provision of a watching brief by an appropriately qualified person, throughout the investigation and remediation works.

j. On completion of any remedial works, a record will be kept of the works undertaken to comply with the remedial strategy. A verification report will be issued to the employer, EA and the local authority.

13.3 Site works

13.3.1 During the site works, and in particular during the initial below-ground works, the contractor will ensure that the works are routinely monitored for contamination, eg, the presence of odours and unusual staining, as well as oily, tarry or fibrous materials.

13.3.2 An on-site watching brief will be undertaken during potentially high risk activities and an ‘on call’ watching brief for all other activities. Specialist watching brief may include: UXO, contaminated land, occupational health, archaeological and ecological.

13.3.3 In the event of such contamination being suspected, works in the immediate area will be made safe and secured, and the event reported via the defined reporting procedure (including the employer and the contractor). The contractor’s contaminated land specialist will inspect the site and, where deemed necessary, arrange for further sampling and laboratory testing of soils or liquids. Further risk assessments to receptors will be undertaken as necessary and reported to the employer, the local authority and/or EA.

13.3.4 Should unacceptable risks be identified, a revised remediation method statement will be submitted and agreed with the local authority in consultation with the EA.

13.3.5 The site induction for construction workers (and visitors if necessary) will include a section on the potential presence of contaminated materials being encountered onsite and the risks that these may pose to workers or others (including offsite receptors via dust generation).Training will be given in the identification of potentially hazardous materials, and aclearly defined reporting procedure be set up in the event of any suspect substances being encountered.

13.3.6 All staff and visitors will be made aware of the requirement to adopt the appropriate personal protective equipment, eg, dust masks, respirators, gloves, etc, and also the observation of good hygiene practices and the avoidance of hand to mouth contact.

13.3.7 All staff will be made aware of regulations governing the storage, handling, treatment and disposal procedures for all wastes. In particular, staff will be made aware of the need to segregate and manage potentially hazardous/

9 Land quality


73

harmful materials which could pose an immediate risk to the site workers or wider environment.

13.3.8 Occupational monitoring, such as gas or vapour monitoring (either personal or work area) and health surveillance will be undertaken. This would include consultation with health and safety/occupational health specialists.

13.3.9 Dust and air/vapour monitoring will be carried out to provide a check that volatile contamination or construction dusts do not affect off site receptors. Where appropriate this will include a combination of on-site and boundary monitoring, which would provide either real time measurements or collect samples for subsequent analysis. See air quality section for further guidance on measures to be undertaken.

13.4 References

Contaminated land

a. Environmental Protection Act 1990

b. The Contaminated Land (England) Regulations 2006 (SI 2006/1380)

c. CIRIA A guide to safe working on Contaminated Sites, Report 132 (1996)

d. CIRIA Contaminated Land Risk Assessment: A Guide to Good Practice, Report C552 (2001)

e. BSI. Investigation of Potentially Contaminated Sites. Code of Practice BS 10175 (2011)

f. Defra/EA Model Procedures for the Management of Land Contamination (Contaminated Land Report11) (September 2004)

g. CIRIA Unexploded Ordnance (UXO): A guide for the construction industry (C681) (2009)

h. Defra Environment Protection Act 1990: Part 2A Contaminated Land Statutory Guidance (April 2012).

Asbestos

i. Control of Asbestos Regulations 2012 (SI 2012/2675)

j. Asbestos (Licensing) Regulations 1983 (SI 1983/1649), as amended in 1998 (SI 1998/3233)

k. Asbestos: Exposure Limits and Measurement of Airborne Dust Concentrations (EH10 and MDHS 39/4). Health and Safety Executive, 1996.

Duty of care

l. Waste (England and Wales) Regulations 2011.

Waste

m. The landfill (England and Wales) Regulations 2002 (SI 2002/1559), including Schedule 1: Waste Acceptance Criteria (WAC)


Numbering



Numbering


9 Land quality


74

n. The Hazardous Wastes (England and Wales) Regulations 2005 (SI 2005/894)

o. EA Technical Guidance WM2: Interpretation and Classification of Hazardous Waste (April 2011)

p. CLAIRE.Definition of Waste: Redevelopment Industry Code of Practice (2011).

EA Pollution Prevention Guidelines

q. PPG1 General guide to the prevention of pollution

r. PPG2 Above ground oil storage tanks

s. PPG5 Works and maintenance in or near water

t. PPG6 Pollution prevention guidance for working at construction and demolition sites

u. PPG21 Pollution incident response planning

v. EA Guidance Note: Piling into Contaminated Sites.

Other regulations

w. Environmental Permitting (England and Wales) Regulations 2010

x. EC Landfill Directive 1999 (Council Directive 99/31/EC)

y. Landfill Tax (Qualifying Material) Order 2011 (SI 2011/1017)

z. The landfill (England and Wales) Regulations 2002 (SI 2002/1559), The Construction (Design and Management Regulations) 2007 (SI 2007/320)

aa. Water Resources Act 1991(WRA 1991)

bb. The Groundwater (England and Wales) Regulations 2009 (SI 2009/2902)

cc. The Animal Health Act 2002, Notifiable Disease Burial Sites

dd. The Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677)

ee. The Environmental Permitting (England and Wales) Regulations 2010.


Numbering


Numbering

9 Land quality


75



Top: 2.5 cm, Bottom: 2.5 cm,Width: 21 cm, Height: 29.7

cm

10 Waste management and resource use


76


14.1 Excavated material options assessment and Excavated material and waste strategy

14.1.1 The employer’s excavated material options assessment and excavated materials and waste strategy provides a framework for the management of materials and waste that will be produced throughout the construction and operational phases of the project. The commitments within these documents are set out in the Excavated Material and Waste Strategy Commitments document.

Site waste management plan requirements

14.1.2 The contractor will ensure that, for the relevant areas, waste is managed in accordance with local, regional and London specific policies (eg, the London Plan 2011), as well as with the Site Waste Management Plan Regulations 2008.

14.1.3 An overarching project-wide plan will be produced by the employer and used to ensure a consistent approach to managing the excavated materials and waste at individual construction sites. The project-wide plan will provide a central location for all project waste information. The project-wide plan will:

a. record the employer’s responsible person, as well as the responsible person for each site, provided by the contractor

b. record the waste types generated by the entire project – initially generated by the employer and, once the contracts are let, by the contractor

c. provide the details of all waste minimisation actions – initially generated by the employer and, once the contracts are let, by the contractor

d. provide project-wide waste forecasts for each waste type – initially generated by the employer and, once the contracts are let, by the contractor

e. contain a complete register of all approved waste carriers and receptor sites for the project, provided by the contractor

f. contain a summary of the information relating to waste transactions from each site provided by the contractor.

14.1.4 The contractor is required to produce a site waste management planfor each site using the template given in the excavated materials and waste strategy. These plans will feed into the project-wide plan and provide a framework to facilitate and ensure good practice on construction sites and that excavated material and waste is effectively managed, as well as recording and monitoring environmental performance, meeting regulatory control requirements and reducing waste disposal costs.


Numbering


Numbering




77

14.1.5 The project-wide plan and the site-specific plans ensure that waste will be managed in accordance with the waste hierarchy.

14.1.6 The site-specific plans will identify:

a. the approach taken to excavated material and waste management taking account of:

i the waste hierarchy

ii the CL:AIRE code of practiceiii, to determine when treated excavated waste can cease to be waste for a particular use

iii waste and resource action programme aggregate quality protocol for construction and demolition material

iv the potential to reuse material from other projects in London to infill the cofferdams on foreshore sites subject to meeting the delivery requirements in the Transport Strategy

v using local permitted and exempt sites that can accept, process and recycle construction materials

b. a dedicated area at each construction site for the handling and storage of excavated materials

c. where the practicable opportunities for the use of material with recycled content during construction will be adopted

d. the types of excavated material and waste removed from site, its description and estimated quantities of waste generated

e. the authorised waste carrier details and waste carrier registration number

f. through segregation, maximise opportunities for the potential for reusing and recycling

g. the types of training that will be provided to all site workers on waste management and recycling procedures

h. disposal routes and permitting requirements

i. details of the site that the waste and/or material will be and was taken to

j. details of the environmental permit or exemption held by the receptor site where excavated material will be and was taken.

14.1.7 The contractor will ensure that waste materials are sorted into separate waste groups, as defined in the project-wide plan (according to the waste streams generated by the scope of the works), either onsite or offsite through a licensed contractor for recovery.

14.1.8 On-site hazardous excavated material or waste will be kept separate from other materials and will be removed and managed in accordance with legislation requirements.

iiiThe voluntary CL:AIRE Definition of Waste Code of Practice (CoP) provides a regulator approved framework to determine on a site by

site basis whether excavated materials are classified as waste or not and determine when treated excavated waste can cease to be waste for a particular use.


Numbering


Numbering


Deleted: plansensure



78

14.1.9 The contractor will produce an end of life plan to be agreed with the employer six months before practical completion for all temporary site infrastructures to maximise reuse and recycling opportunities. Information on where temporary site infrastructures have been reused and/or recycled will be included in the site-specific plans.

14.1.10 The site-specific plans will be updated (within three months of practical completion of the works) to include:

a. comparisons between estimated waste and/or material, and the actual waste and/or material levels produced

b. an explanation of any differences between the estimated and actual levels of waste and/or material produced

c. an estimate of the cost savings that were achieved through implementing the site-specific plans.

Demolition requirements

14.1.11 Where demolition forms a part of the works the contractor will comply with the following:

a. a review of the existing buildings will be carried out to establish if asbestos is present (refer to Section 14.3)

b. complete a demolition reuse plan before demolition to maximise the recovery of material for subsequent high-grade/value applications

c. information from the demolition reuse plan will be detailed in the site waste management plan and cover:

i identification of the demolition materials

ii potential applications and any related issues for the reuse and recycling of the key demolition materials.

14.2 Duty of care

14.2.1 The contractor will comply with all legal ‘duty of care’ requirements to protect the interests and safety of others from the potential effects of handling, storing, transporting and depositing of excavated materials and demolition/wastes arising under the project. Such compliance will include the implementation and monitoring of accepted industry practices for the control of dust, mud and other debris onsite. The guidance set out in Waste Management – The Duty of Care, Code of Practice (Her Majesty’s Stationery Office March 1996) (except where superseded by changes in waste law made since issue of this Code of Practice in 1996) will be followed, in addition to the obligations under the Waste (England and Wales) Regulations 2011.

14.2.2 The site waste management plan will include detailed procedures for compliance with the requirements for waste transfer notes, in accordance with the Waste (England and Wales) Regulations 2011,and arrangements for auditing the actions of other parties in the waste handling chain. A sample waste transfer note document, together with details of the


Numbering


Numbering





79

administrative arrangements for record keeping, will be included in the site waste management plan.

14.2.3 The arrangements for registering the site, consigning, handling and transporting hazardous wastes will be followed in the context of duty of care and the specific consignment note procedures applicable under the Hazardous Waste (England & Wales) Regulations 2005 (SI 2005 No.894) or any succeeding relevant legislation.

14.3 Asbestos waste management

14.3.1 Managing the risk from release of asbestos during alteration and demolition works and excavation work will be carried out in compliance with the regulations and codes of practice. This will be in accordance with the HSSE Standard.

14.3.2 The Control of Asbestos Regulations 2012(SI 2012/632) and associated approved codes of practice will be complied with, and asbestos inspection, survey sampling and analysis will be carried out in accordance with Asbestos: The Survey Guide Health & Safety Executive guidance, HSG264 (2010).

14.3.3 Measures for managing asbestos in alteration, demolition and excavation works will include:

a. employing competent specialist contractors to carry out alteration and demolition works

b. a procedure for dealing with potentially suspect materials exposed requiring sampling and analysis by an independent specialist consultant

c. all locations of asbestos containing materials will be clearly labelled

d. formal exchange of information before start of work, including relevant information from the Asbestos Register to clearly identify location of asbestos containing materials

e. method statements for any works in the vicinity of asbestos containing materials, to avoid any disturbance to such materials.

14.3.4 Measures for managing work involving asbestos containing materials encountered in construction will include:

a. appointment of a specialist consultant independent of the asbestos treatment contractor

b. all locations of asbestos containing materials will be clearly labelled

c. ensuring any work with asbestos containing materials is notified to the Health and Safety Executive

d. ensuring any work with asbestos containing materials is carried out by licensed specialist asbestos treatment contractors in accordance with the Control of Asbestos Regulations 2012 (SI 2012/632)





80

e. method statements defining detailed control measures to be produced by the specialist asbestos treatment contractor and approved by the employer

f. air sample monitoring of work to ensure required air quality standards are achieved.

14.3.5 Transport of asbestos containing materials will be undertaken in accordance with Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (SI 2009/1348). Disposal of asbestos containing materials to licensed waste sites in accordance with Hazardous Waste (England and Wales) Regulations 2005, as amended (SI 2005/894).

14.4 Resource use

General

14.4.1 Resource will be controlled by the contractors through the use of the following management plans.

Water use

14.4.2 The contractor will produce a water management plan (refer to Section 12), which will include measures to manage and where possible minimise water usage during construction. The water management plan will include:

a. measuring potable water consumption

b. setting targets and reporting water consumption arising from construction activities

c. measures for improving water efficiency of site facilities.

14.4.3 Alternatives to potable water use on site will be considered.

Energy and carbon

14.4.4 The contractor will produce an energy management plan, containing measures to minimise energy consumption and carbon emissions during construction. The energy management plan will also include ways to:

a. measure and reduce energy usage

b. monitor,report and set targets for carbon dioxide arising from site activities and from transportation to and from the site.

14.4.5 The procurement, maintenance and use of construction plant will be shown to have considered energy efficiency.

14.4.6 There will be consideration and assessment of energy from renewable and/or low emission sources that has been used during construction.

Material use

14.4.7 The contractor will produce a materials management plan, which will include measures to manage material usage during construction. The material management plan will include ways to:


Numbering


Numbering





Numbering

Deleted:



81

a. use sustainably sourced materials (eg, Forest Stewardship Council or PFEC certified timber)

b. use recycled or secondary materials

c. minimise use of unhealthy materials, which have the potential to harm human health or the natural environment.

14.5 References

Waste

a. Environmental Protection Act 1990

b. Waste (England and Wales) Regulations 2011

c. The Environmental Permitting (England and Wales) Regulations 2010

d. The Site Waste Management Plans Regulations 2008,Statutory Instrument 2008 No. 314

e. Site Waste Management Plans – Guidance for Construction contractors and Clients - Voluntary Code of Practice, Department of Trade & Industry (July 2004)

f. Hazardous Waste (England & Wales) Regulations 2005, Statutory Instrument 2005 No. 894

g. Waste Management – The Duty of Care, Code of Practice, Her Majesty’s Stationery Office(March 1996)

h. CIRIA guidance

i. The London Plan, Spatial Development Strategy for Greater London, July 2011.

Asbestos

j. Control of Asbestos Regulations 2006 (SI 2006/2739)

k. Asbestos: The Survey Guide Health & Safety Executive guidance, HSG264 (2010)

l. Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (SI 2009/1348)

m. Hazardous Waste (England and Wales) Regulations 2005, as amended (SI 2005/894).



Numbering


11 Ecology (aquatic and terrestrial)


82


15.1 General

15.1.1 The contractor will ensure that procedures are implemented to control and limit disturbance and damage to areas of conservation interest, and legally protected and notable species in accordance with the Environmental Statement, the ecology and landscape management plan and legislation.

15.2 Procedures

15.2.1 The contractor will prepare a site-specific ecology and landscape management plan using a suitably qualified ecologist, in consultation with the relevant stakeholders, and for approval by the employer and local planning authority. This document will incorporate mitigation measures as set out in the Environmental Statement and the CoCP Part B where relevant, which give consideration to relevant legislation, and nature conservation policy and guidance, including the Mayor's Biodiversity Strategy and local biodiversity action plans.

15.2.2 Where species are protected by specific legislation, approved guidance will be followed and sufficient time will be allowed to obtain the required licences or consents.

15.2.3 The contractor will use a suitably qualified ecologist to undertake site supervision works during activities that would affect sensitive habitats and species, to ensure that the procedures and provisions in the ecology and landscape management plan and the CoCP in respect to terrestrial and aquatic ecology are followed. The ecologist will also identify any potential new ecological constraints on site.

15.2.4 Site checks for notable and protected species will be undertaken by a suitable qualified ecologist immediately prior to site clearance. The contractor will implement watching briefs, to be undertaken by the ecologist, during site clearance activities. This is to ensure that any unanticipated discoveries of notable flora and fauna are appropriately dealt with and to ensure legal compliance. In the event that an unanticipated discovery is made, the ecologist/contractor will seek advice from Natural England and relevant local authority, and agree a mitigation strategy to be implemented with the employer.

15.2.5 The contractor will implement a programme of monitoring to review the status of ecological issues, including the monitoring and maintenance of any measures implemented as part of advanced mitigation works. The programme will be included in the ecology and landscape management plan.

15.2.6 The contractor will be responsible for reporting to the employer on any incidents conflicting with agreed procedures.


Numbering

Deleted: e employer



83

15.3 Detailed provisions

15.3.1 The contractor will protect habitats including terrestrial, foreshore and river wall, as detailed within the Environmental Statement. This includes measures such as site fencing/hoarding to prevent encroachment of works into sensitive habitat areas. The contractor will undertake landscaping at the end of construction in line with the relevant DCO Requirement, in accordance with the Site works parameter plan and design principles. Landscaping includes measures to reinstate or restore habitats that have been lost during construction, and provide habitat enhancements as described in the Design Principles.

15.3.2 For provisions relating to the control of potential effects on aquatic ecology, see Section 10.4.

15.4 Habitat and species considerations

Invasive and noxious plants

15.4.1 Construction may involve works within areas containing invasive species, and may result in the disturbance and potential spread of these. Invasive species are listed on Schedule 9 of the Wildlife and Countryside Act 1981,such as Japanese Knotweed, Himalayan Balsam and Russian Ivy making it illegal to cause it to grow or spread.

15.4.2 The contractor will undertake detailed surveys to determine and map the extent of invasive species for each of the sites where present (with reference to baseline surveys within theEnvironmental Statement). A subsequent site-specific management and eradication plan as part of the ecology and landscape management plan, will be produced and implemented, dependent on proposed works at the site and the timescale for these works. For this activity the contractor’s ecologist will be present.

15.4.3 It is likely that an advanced herbicide application regime will be recommended in relevant locations, prior to construction works in order to eradicate invasive species from those areas where construction works will take place, and a detailed protocol for this will be developed.

15.4.4 The methodology to be used will be selected from avoidance (by fencing off areas from the works), barrier (to prevent the spread and permit use of the area) or removal options, and will consider herbicide application to treat and to prevent spread. The contractor will follow this approach to ensure that the spread of Japanese knotweed is controlled. The EA will be notified for operations to use herbicide alongside any watercourses.

Birds

15.4.5 Construction where loss of areas of habitat that are likely to be used by nesting birds will need to take account of the Wildlife and Countryside Act 1981, as amended. All species of wild bird, their nests and their eggs, are protected by law. It is an offence to intentionally (recklessly) take, damage or destroy the nest or eggs of any wild bird while the nest is in use or being built.





84

15.4.6 The contractor will undertake clearance of bird nesting habitats on site, such as trees, scrub, buildings and grassland, between October and February inclusive, which is outside of the bird nesting season. This will ensure that no birds are nesting on site at the start of construction. If clearance is not possible outside of the bird nesting season, then suitable nesting habitat to be removed will be checked by the contractor's ecologist immediately prior to its removal. Where active bird nests are present, no works to or in the vicinity of the bird nests will be undertaken until the nest becomes inactive. If no active nests are present then the clearance can continue under the watching brief of the ecologist. For any clearance activities the contractor’s ecologist will be required to gain the employer’s acceptance.

Schedule 1 Bird species

15.4.7 Certain uncommon species of bird are given additional protection from disturbance, in that it is also an offence to intentionally or recklessly disturb any such bird while it is nest building or at a nest containing eggs or young, or to disturb the dependent young of such a bird. These species are listed on Schedule 1 of the Wildlife and Countryside Act 1981, as amended and, of these, the black redstart and barn owl are the most likely to be encountered in association with the project. Protection measures specific to the Schedule 1 species present on site will be proposed by the contractor’s ecologist and will be included in the ecology and landscape management plan for the site.

15.4.8 To minimise the risk of disturbing a Schedule 1 bird species (eg,Black Redstart)nest, the following approach, in accordance with The Conservation of Habitats and Species Regulations 2010, will be taken:

a. Those habitats with the potential for use by Schedule 1 bird species (in particular, structures that are to be demolished) will be identified and surveyed by the contractor’s ecologist prior to site clearance.

b. In the event that Schedule 1 bird species are found during the nesting season, consultation with Natural England will be undertaken in order to identify and agree the appropriate measures to be undertaken in respect of this species.

c. The actions required of the contractor, should a Schedule 1 species be discovered within an area to be disturbed, are those general measures as set out above for birds(refer topara.15.4.6), with the added requirement that any Schedule 1 species (Black Redstart) or its dependent young must not be disturbed while at or building a nest. Hence, in addition to the measures undertaken as above, exclusion/protective measures may be required.

15.4.9 The contractor should note that there is no legal provision under the Wildlife and Countryside Act 1981 (as amended) to obtain a licence to facilitate development which would disturb a Schedule 1 species.


Numbering





85

Bats

15.4.10 Construction works may involve the removal, damage and disturbance of structures and trees along the project route that have some potential to be used as roost sites by bats. All species of bat in the UK are protected by law, under the Wildlife and Countryside Act 1981, and under the Conservation and Habitats and Species Regulations 2010. This makes it an offence to intentionally (or recklessly) kill, injure, capture or disturb bats, and to damage, destroy or prevent access to roost sites (even when bats are not present).

15.4.11 Bat survey information is available within the Environmental Statement. The contractor’s ecologist will undertake an updated bat roost potential survey of the buildings and trees on site, and undertake any necessary detailed surveys for bats to determine whether a bat roost is present. No site clearance works or construction activities that could affect a potential bat roost can be undertaken until the ecologist confirms that no bat roost is present. Where a bat roost is present or suspected, the ecologist will prepare a method statement for the works to protect bats and ensure the works are legally compliant. Where required, Natural England will be consulted to agree the method statement, and to obtain licenses for works that may affect bat roosts, in accordance with relevant legislation (The Conservation of Habitats and Species Regulations 2010), and gaining a European Protected Species Licence - Bat licence.

15.4.12 The Environmental Statement will identify areas used by bats for commuting and foraging, therefore, lighting will be implemented in accordance with prescribed guidance where these areas are to be lit. The contractor will consider lighting levels during night time activities and where required minimise lighting in line with Section 8.6. Where practical the lighting will be positioned as low to the ground as possible, will be capped, cowled and directional, with the light directed away from transit routes and foraging habitat (See guidance produce by the Bat Conservation Trust – Bats and Lighting in the UK (2009) or the latest version).

Reptiles

15.4.13 Where construction works take place in areas that have potential to support(refer to the Environmental Statement for site-specific details) common reptile species, such as common lizard and slow worm,all British native reptile species are afforded at least some level of protection under the Wildlife and Countryside Act 1981. Common lizards, grass snakes, adders and slow worms are protected from killing and injury only; protection is not extended to their habitats.

15.4.14 Reptile survey work undertaken by the Environmental Statement to establish the presence of reptiles will be referenced. In order to ensure that no unlawful activities take place during site clearance and construction in respect of reptiles, the contractor will implement a watching brief. Any individual reptiles found will be relocated to the nearest safe, suitable habitat. In the unlikely event that large numbers of reptiles are


Numbering




Deleted: .

Deleted:



86

found, a programme of trapping and translocation will need to be agreed with Natural England in accordance with relevant legislation (The Conservation of Habitats and Species Regulations 2010),before works in that area can continue.

Animal welfare

15.4.15 Badgers are protected under the Protection of Badgers Act 1992 against damage or destruction to their setts (underground tunnel and chamber network), disturbance while occupying their sett, death and injury. The contractor is required to undertake specific measures to manage the risk of impacts to badgers from the works. Such measures are likely to include details of site hoarding that prevents badgers from accessing the site.

15.4.16 Construction works will take place in areas where wild mammals, such as foxes, hedgehogs and rabbits, may be present. The Animal Welfare Act 2006protects such animals against unnecessary suffering. Where pest control measures are to be undertaken, the contractor will appoint an appropriate qualified person to undertake this work. Hedgehogs are of conservation interest, although not legally protected, and they are likely to be present in the vicinity of some of the construction sites. Measures to prevent hedgehogs from falling into open excavations will be implemented at those sites where the need for this has been identified in the Environmental Statement. Such measures are likely to include the provision of site hoarding that prevents hedgehogs from accessing the site.

15.5 Aquatic ecology receptors (marine mammals, fish and invertebrates)

15.5.1 The following section highlights the measures to control impacts on aquatic ecology receptors.

15.5.2 All aquatic ecology receptors are vulnerable to the effects of water pollution. Measures to protect watercourses from pollution, including sediment deposition, are described in Section 12.3 and include following the EA’s PPGs. General measures to control the risk of pollution to surface waters are described in Section 12.4.

15.5.3 The following control measures relate to specific aquatic ecology receptors.

Habitats

15.5.4 In constructing temporary cofferdams the contractor will avoid any mixing of fill material with the underlying substrate. This will be achieved by installing a membrane between the existing river bed and the back fill material.

15.5.5 The measures described in Section 12.2 to 12.4 in relation to site drainage, protection of watercourses and control of pollution to watercourses will be adopted to ensure that surrounding habitats are protected from contaminated surface runoff and dewatering effluents.


Numbering


Numbering



87

15.5.6 The location of barges resting on the foreshore and river bed will be controlled to reduce extent of potential environmental impacts. The design of facilities such as campsheds will consider the need to minimise environmental impacts and will consider the use of lattice structure barge grids where appropriate.

15.5.7 In-river structures, including campsheds, will be removed on completion of the works unless otherwise agreed with the employer in consultation with relevant stakeholders, in accordance with relevant legislation (such as Port of London Act 1968, Marine and Coastal Access Act 2009, The Conservation of Habitats and Species Regulations 2010). Where concrete is used, such as campsheds, a membrane will be required to protect the underlying riverbed.

15.5.8 The method for reinstatement of the temporary works area will be subject to a method statement that will consider requirements for impact on aquatic ecology. The EA will be consulted on any method statements for reinstating the foreshore. The method statements for approval by the employer will include, but will not be limited to, details of the following:

a. timing of the works

b. measures to be used in order to minimise the environmental impact of the works

c. the materials or substrates used for the reinstatement

d. methods of reinstatement

e. any necessary pollution protection measures

Fish

15.5.9 Measures to control the impacts of underwater noise and vibration on fish are described in paras. 10.4.4 to 10.4.9.

15.5.10 Provision for protection and rescue arrangements for fish are detailed in para.12.8.4.

15.6 Protection of trees

15.6.1 Tree protection measures will be included within the ecology and landscape management plan. Trees will be removed or pruned as approved in the site demolition and clearance plan. Where trees require pruning or removal that are not shown on the plan, this will require approval from the local authority. The method for undertaking these works is detailed below.

15.6.2 The contractor will be required to submit a request for removal or alterations to protected trees for approval by the employer in consultation with the local planning authority and relevant stakeholders. Any essential remedial or protective work to trees adjacent to construction activity will be carried out by suitably trained or qualified personnel, using recognised methods in accordance with BS5837:Trees in relation to design, demolition and construction: recommendations.


Numbering


Deleted: which



88

15.6.3 All tree surgery will comply with BS3998:Tree Work: Recommendations, insofar as these are reasonably practicable. The elements of this approach are as follows:

a. selective removal of lower branches in an approved manner, to reduce mechanical damage by construction plant

b. retained trees will be protected with tree protective fencing to BS5837,Guide for trees in relation to construction, if working conditions allow

c. tree protection is to be installed before any materials or machinery are brought onto the site and before any stockpiling commences. Special attention will be paid to ensuring that barriers remain rigid and complete

d. matting is to be installed around the root zone to minimise soil compaction

e. notwithstanding the above, construction activities will be controlled to minimise compaction of the ground beneath the entire tree canopy. No heavy plant or materials or plant will be stored, and construction movements will be controlled by fencing or other means so as to minimise vehicle movement within the canopy footprint

f. the existing ground levels will not be altered beneath the extent of the tree canopy, unless agreed by an arboriculturalist in relation to tree pruning requirements

g. no ploughing, ripping, storage of materials or soil tipping, etc, will take place in the protected areas beneath the tree canopy

h. all works to ground within the protected area will be undertaken by hand, unless agreed otherwise with the contractor’s arboriculturalist

i. any works to the tree canopies will be undertaken by a qualified tree surgeon.

15.6.4 Works within the root protection area of trees will be avoided wherever practicable. However, where some works within the root protection area cannot be avoided, eg, for access or stockpiling, it is possible (if the local authority’s tree officer agrees) to use cellular confinement systems to minimise/compaction to the ground. Protection will still be required to avoid physical damage to the tree (ie, trunk, branches or crown). In addition, if works are deemed essential within the root protection area, it will be noted that the length of time of the impact will also be limited.

15.7 Reinstatement landscaping

15.7.1 The contractor will undertake landscaping at the end of the construction in line with the relevant DCO Requirements, and where relevant, in accordance with the DCO article on temporary use of land (article 34) and any relevant section 106 agreement.


Numbering



89

15.8 References

a. Wildlife and Countryside Act 1981

b. Habitats and Species Regulations 2010

c. Protection of Badgers Act 1992

d. The Animal Welfare Act 2006

e. Guide for trees in relation to construction: BS5837

f. Recommendations for Tree Works: BS3998.


Numbering

12 Historic environment


90


16.1 General

16.1.1 The contractor will carry out the works in accordance with the DCO Requirements relating to listed buildings and archaeology. For work outside the DCO the contractor will comply with all relevant legislation, and have regard to guidance and best practice, as outlined below and at the HBMCE Historic environment: local management web site (http://www.helm.org.uk).

16.1.2 The historic environment includes all aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged, and landscaped and planted or managed flora.

16.1.3 Procedures apply to all heritage assets as detailed in the Environmental Statement and Heritage Statement, whether or not subject to statutory or other designation.

16.1.4 If significant heritage assets are to be retained in-situ, they will be suitably protected from the contractor’s plant and operations during construction.

16.1.5 Works directly affecting listed buildings and structures will be undertaken in accordance with approved details and method statements. Archaeological works will be carried out in accordance with the Overarching Archaeological Written Scheme of Investigation (OAWSI).

16.2 Procedures

16.2.1 Procedures apply to all heritage assets, whether or not subject to statutory or other designation.

16.2.2 The contractor will prepare a site-specific heritage management plan, indicating how the historic environment is to be protected in a consistent and integrated manner, co-ordinated with all other relevant environmental topics. Protection for heritage assets on site may take form of both physical protection and working practices.

16.2.3 The plan will set out how the contractor will discharge the requirements of the DCO in relation to heritage in consultation with HBMCE and the local authority. The plan will be submitted to the employer and local planning authority for approval.

16.2.4 The plan will address all construction related temporary and permanent works, including demolition, utility diversions, access routes, works compounds and dredging. It will also address potential effects on heritage assets from third-party impacts, vibration, ground settlement and dewatering.

16.2.5 The contractor will provide HBMCE and the local authority with sufficient contact, programme, site access, and safety information to facilitate inspections.




Numbering

Deleted: employer



91

16.2.6 The plan will indicate how the OAWSI, which accompanies the application, and site-specific written schemes of investigation where applicable will be implemented defining (in general terms) the procedures and mitigation measures to be applied under preservation in situ and preservation by record.

16.2.7 The plan will include detailed methodology for the dismantling, removal and storage of any identified historic elements of heritage assets removed during construction, and details of reinstatement.

16.2.8 The contractor will define procedures for unexpected archaeological discoveries during the works in the heritage management plan and emergency preparedness plan. These are to include ceasing work in the vicinity, making safe, and notifying the employer, HBMCE and the local authority, so that suitable mitigation may be implemented as per the site-specific schemes.

16.3 Detailed provisions

16.3.1 Works affecting statutorily protected assets will be undertaken in accordance with the requirements within the DCO. In the event that works are proposed outside the consent granted by the DCO they will be undertaken in accordance with all required consents and licences under legislation, such as the Planning (Listed Buildings and Conservation Areas) Act 1990,Ancient Monuments and Archaeological Areas Act 1979 and the Burial Act 1857.

16.3.2 Mitigation will be detailed in full within the OAWSI and site-specific schemes. This will include as appropriate, archaeological investigation, excavation and, or a watching brief during the works.

16.3.3 Mitigation measures for the permanent removal or demolition of heritage assets will include an appropriate level of analysis, reporting, publishing and public dissemination of the results. The resulting archive of records, data and finds will then be transferred into the public domain with a suitable receiving body, such as a local museum. The Greater London Historic Environment Record will also be updated. The full approach to recording and dissemination will be detailed within the OAWSI.

16.3.4 During the works, the contractor will also give HBMCE and the local authority adequate notice before implementing measures defined in the site-specific schemes. Their representatives may wish to monitor the works for compliance.

16.3.5 Methods for protection of the historic environment will include the following, where appropriate:

a. Protective measures, such as temporary support, hoardings, barriers, screening and buffer zones around heritage assets, and archaeological mitigation areas within and adjacent to worksites.

b. Advance assessment to inform the types of plant and working methods for use where heritage assets are close to worksites, or attached to structures that form parts of worksites.




92

c. Where elements to be demolished are attached to listed structures being retained, they will be separated where practicable, prior to demolition, using non-vibratory techniques such as diamond sawing.

d. Care will be taken when jack-up barges; piling or borehole rigs; mechanical excavators or other plant is operating over areas of the river channel or foreshore known to be particularly archaeologically-sensitive (including within cofferdams). In exceptional cases (eg, nationally-significant remains) exclusion zones may apply. In the remaining cases safeguards may include appropriate methods for installing and operating such plant. Subject to any necessary consent, suitable protective materials may also need to be added onto the foreshore during construction in order to prevent damage (eg, mats, blinding or aggregate to spread the load).

e. Condition surveys to define settlement and vibration limits for heritage assets potentially affected by the works to include monitoring regimes and provision for cessation of works where feasible, should levels exceed the specified limits.

f. Procedures under the emergency preparedness plan for the emergency repair of damage to listed buildings. Where there is damage that does not require emergency repair, repair will be affected as making good as part of the construction process. Final repairs to significant finishes will be ‘like for like’.

g. Security procedures to prevent unauthorised access to heritage assets and archaeological investigations, and damage to or theft from them, including by the use of metal detectors.

h. Procedures in the event of the discovery of human remains.

i. Procedures under the Treasure Act Code of Conduct 1997, to address the discovery of any artefacts defined in the Treasure Act 1996.

16.4 References

a. Planning (Listed Buildings and Conservation Areas) Act 1990

b. Ancient Monuments and Archaeological Areas Act 1979

c. The Burial Act 1857

d. Treasure Act Code of Conduct 1997

e. Treasure Act 1996.


Numbering




93


13 Third-party impact and asset protection process


94


17.1 Protection of existing infrastructure and buildings

General provisions

17.1.1

17.1.2 The employer’s consultants have undertaken assessments of existing infrastructure and buildings potentially impacted by construction of the works as part of the development of the scheme for planning purposes. Assessment reports and ‘approval in principle’ documents have been prepared and submitted to the relevant third-parties for discussion and acceptance where possible.

17.1.3 The contractor is responsible for reviewing and validating the identified interfaces and assessments and undertaking any necessary calculations, documentation and revisions to take account of the contractor’s proposed method of construction. The contractor will be responsible for undertaking the impact assessment, designing any mitigation works and obtaining final approval to proceed, where required, at the interface from the asset owner. The contractor will comply with the infrastructure asset protection agreements put in place.

17.1.4 For listed building and structures located within the zone of influence, the contractor’s design will ensure that the works do not cause damage that is worse than that identified and assessed in the Environmental Statement for those buildings and structures.

17.1.5 Any third party impact and asset protection processes, methods, and condition surveys that involve flood defence structures (ie, flood defence consent)will also be approved by the EA.

17.1.6 A pre-construction condition survey of the relevant infrastructure and buildings within the zone of influence will be undertaken prior to commencing any works that could potentially create an adverse impact upon them. For buildings this will be carried by an independent chartered building surveyor, and for infrastructure by a suitably qualified engineer agreed with the asset owner. Where the building or infrastructure is listed, the surveys will be undertaken by an independent professional who will be conservation accredited or will have had at least five years’ experience in surveying historic buildings or infrastructure.

17.1.7 Post condition surveys, which may be in the form of an exception report where agreed, will be undertaken, where possible, by the same parties as the pre-condition surveys for infrastructure and buildings impacted by construction of the works to determine any issues and establish the level of impact associated with the project.

17.1.8 A condition survey of highway access routes immediately adjacent and connecting to the Strategic and Transport for London Road Networks, will


Numbering


Numbering

Deleted: materially



95

be undertaken by the contractor/employer before works commence and prior to completion (refer to Section 9.5).

Protection measures

17.1.9 The contractor will design and carry out construction of the project in a manner that will minimise the impact on third-party infrastructure and buildings as a result of ground movement and other construction related activities. The contractor will utilise best practice methods to reduce, control and limit ground movement, including the selection of suitable tunnelling techniques and the selection and operation of modern tunnel boring machines.

17.1.10 The contractor will design and undertake necessary protective and mitigation measures to buildings and infrastructure. The design and method of implementation of these measures will be agreed with the asset owner and relevant consenting body prior to the works being carried out.

17.1.11 The contractor will prepare assessment reports and pre-construction condition survey reports for any listed structures within the zone of influence. The contractor will liaise with HBMCE to agree a list of vulnerable buildings. The contractor will also prepare method statements for any works to be carried out, including any works to listed structures. Copies of the assessment reports, pre-construction condition survey reports and method statements that relate to listed structures will be provided to HBMCE for review and the employer will take reasonable account of HBMCE’s responses.

17.2 Monitoring and action plans

17.2.1 The contractor, in consultation with the employer, will design and install instrumentation and monitoring to confirm that ground movements and construction impacts are as predicted and acceptable and to provide advance warnings where significant deviation from this occurs. Where appropriate, and when potentially affecting any nationally designated heritage asset, monitoring will be carried out prior to commencement of construction work to enable base-line values to be established and monitoring will continue until settlement due to the works, as shown by the monitoring, has effectively ceased.

17.2.2 The contractor will develop an emergency preparedness plan for London Underground Ltd assets and an emergency preparedness plan or emergency response plan(depending upon their requirements) for other asset owners, where necessary, to deal with any residual risks. Where this requires any actions to be undertaken on behalf of the asset owner it will be agreed with the asset owner. The emergency preparedness plans and the emergency response plans will include relevant contingency plans and trigger levels for action, and will be agreed or approved, as appropriate (ie. if the stakeholder is a regulatory body, this will be for approval, else it will be for agreement), with relevant stakeholders.


Numbering

Comment [d69]: A survey of

all highway routes should be

carried out.

Deleted: /or

Glossary


96

Glossary

Term Description

abnormal load This is also known as ‘Abnormal indivisible load vehicles’ (AILV) and is defined in para.2 of Schedule 1 (abnormal indivisible load vehicles) to the Road Vehicles (Authorisation of Special Types) (General) Order 2003” (S.I. 2003/1998), and is one which cannot be divided for the purpose of being carried on a road without undue expense or risk of damage

ambient Surrounding. For noise, for example, it is the totally encompassing sound in a given situation at a given time, usually composed of sound from many sources near and far.

ancient monument A monument protected under the Ancient Monuments and Archaeological Areas Act 1979.

aquifer A permeable geological stratum or formation that is capable of both storing and transmitting water in significant amounts.

Automatic Urban and Rural Network (AURN)

The AURN is the UK's largest automatic monitoring network and is the main network used for compliance reporting against the Ambient Air Quality Directives.

baseline The situation against which the potential impacts due to the proposed development are assessed.

Best practicable means (BPM)

[BPM is the use of best practicable means to achieve a particular objective. The component words of BPM are further explained as:

“Best” – means the most effective techniques for achieving a particular objective.

“Practicable” – indicates that the “means” under consideration should only be selected following an optimisation process that includes consideration of the technical viability including comparable processes, facilities or methods of operation which have recently successfully tried out and takes into account social and economic costs and benefits.

“Means” – includes technology, the design, build, maintenance, operation and wider management arrangements.

Regard will be had, in construing references to "best practicable means" to any relevant provision of a code of practice.]

biodiversity Biological diversity – or ‘biodiversity’ – is the term given to the variety of life on Earth and the natural patterns formed as a result. Biodiversity has been defined by the Convention on Biological Diversity (CBD), signed in 1992, as:

"The variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are



Glossary


97

Term Description

part; this includes diversity within species, between species and of ecosystems.” – CBD Article 2. UNEP 1992.

borehole A hole driven into the ground to obtain geological information.

bund An embankment which acts as a visual or noise screen or impermeable structure around an oil tank to contain oil if it should spill or leak.

Chalk In the project area, chalk is firm, white, fine-grained limestone with conspicuous semi-continuous nodular and tabular flint seams.

Code of Construction Practice (CoCP)

Document setting out control measures to be adopted during the project construction period.

combined sewer overflow (CSO)

A structure, or series of structures, designed to allow spillage of excess wastewater from a combined sewer under increased rainfall conditions. Flows may discharge by gravity or by pumping.

condition survey A survey of an asset undertaken prior to construction works that could affect the asset. A further survey can also be carried out after construction is to be completed, if required.

conservation area This is defined in the Planning Listed buildings and Conservation Areas Act 1990 as “an area of special architectural and historic interest, the character or appearance of which it is desirable to preserve or enhance.”

contractor Any contractor carrying out works associated with the construction of the Thames Tideway Tunnel.

Development Consent Order (DCO)

An order under the Planning Act 2008 approving a development that is or forms part of a Nationally Significant Infrastructure Project. The order can grant planning permission and compulsory purchase powers. The order is granted by the Secretary of State.

dewatering Construction dewatering is a term used to describe removal or draining groundwater or surface water from a riverbed, construction site, caisson or mine shaft by pumping or evaporation.

drive site A site containing the shaft from where the TBM is ‘driven’ forward. Excavated material is removed from and segments are fed into the tunnel via the shaft at the drive site.

dust Coarse particulate matter (between 1µm and 75µm in diameter) produced as a result of abrasive activities during the construction phase of the development/project.

ecology The relationship between organisms and their environment.



Deleted: Planning Inspectorate

Glossary


98

Term Description

effect The result of an impact on a particular resource or receptor.

effluent The treated wastewater discharged from the sewage treatment works.

emergency preparedness plan

A plan prepared for each asset where required. The plan will detail actions to be taken at each trigger level and will link directly to the outcomes of the risk workshops.

environmental impact assessment (EIA)

An assessment of the possible positive or negative impact that a proposed project may have on the environment, consisting of natural, social and economic aspects.The purpose of the assessment is to ensure that decision makers consider the ensuing environmental impacts when deciding whether to proceed with a project.


A document to be prepared following an EIA which provides a systematic and objective account of the EIA’s findings.

excavated material The earth/soil/ground material removed when the shafts, other structures and tunnels are excavated. Excavated material can be either topsoil, subsoil or other material, such as rock, etc.

flood risk assessment

An assessment of the likelihood of flooding in a particular area so that development needs and mitigation measures can be carefully considered.

fluvial The processes associated with rivers and streams and the deposits and landforms created by them.

foreshore Ground uncovered by the river when the tide is low.

greenfield sites Land not previously developed, can include agricultural land.

ground treatment A range of measures to improve the properties of the naturally occurring ground, or counter the potential pore water pressure changes arising from underground working/excavations, so as to facilitate tunnel or shaft construction and/or reduce ground movement caused by the works.

groundwater Water located beneath the ground surface in soil pore spaces and in the fractures of rock formations.

groundwater body A column of water beneath the water table or a unit volume of ground that is saturated.

haul roads Temporary roads provided within the contractor’s site area to allow the transportation of material around the site.

impact A physical or measurable change to the environment attributable to the project.

impermeable surface

Surfaces or ground unable to absorb rainfall, eg, concrete, most tarmac surfaces and hardstanding.

Glossary


99

Term Description

LAeq(T) Equivalent continuous sound level is a notional steady sound level which would cause the same A-weighted sound energy to be received as that due to the actual and possibly fluctuating sound over a period of time (T). It can also be used to relate periods of exposure and noise level. Thus, for example, a halving or doubling of the period of exposure is equivalent in sound energy to a decrease or increase of 3dB(A) in the sound level for the original period.

LAmax The maximum sound level measured on the A-weighted scale occurring during an event.

listed buildings Buildings or other built structures included in the statutory list of buildings of special architectural or historic interest of national significance, which is compiled by the Secretary of State for Culture, Media and Sport. Buildings are graded and are protected both internally and externally. Listed building consent is required for almost all works to a listed building.

London Plan 2011 The London Plan 2011is the strategic spatial planning document for London, produced by the Mayor of London.

main tunnel The tunnel from Acton Storm Tanks to Abbey Mills Pumping Station.

main tunnel site A site from where the main tunnel is built. Each site needs to provide enough space for all the construction related activities, which vary depending on the type of TBM used and whether the site is a drive site, a double drive site or a reception site.

method statement Under Health and Safety at Work Act and Management of Health and Safety Regulations, a method statement must be prepared for each task prior to work on site. The statement is to give details of how the task will be carried out and include possible risks/dangers, along with methods of control to be established which will ensure safety.

mitigation measures

Actions proposed to moderate adverse impacts and to enhance beneficial impacts arising from the whole or specific elements of the development.

modelling Simulation of the proposed design (eg,hydraulic modelling of the drainage network, physical modelling of drop shafts or odour modelling, etc).

monitoring Monitoring, recording and collection of existing situation data prior to construction (eg,CSO spill frequency, vehicle/traffic movements or building settlement monitoring pre/during construction).

oil interceptor Underground tank, split into sections and connected into the drainage system, which contains oil and prevents it being discharged into rivers and streams, etc.

Glossary


100

Term Description

Piezometer A small-diameter observation well used to measure the hydraulic head of groundwater in aquifers; a standpipe, tube, vibrating wire piezometer or manometer used to measure the pressure of a fluid at a specific location in a column.

PM10 PM10 is any particulate matter with an aerodynamic diameter equal to or less than 10µm. Particulate matter of this size can be respired.

protective provision provisions for protection of specified undertakers containing specific safeguards

receptors People (both individually and communally) and the socio-economic systems they support.

reception site

A tunnel site containing the shaft from where the TBM is ‘received’, ie, ends up. The TBM is removed from the tunnel via the shaft at this reception site.

recreational water users

People who use the river for leisure, eg, rowers.

relevant stakeholder

This means any of the following organisations which may be relevant in the opinion of the local planning authority depending on the nature of any proposed amendment to the Code of Construction Practice, to be considered for approval by the local planning authority: the EA, the local highway authority, Transport for London, the Port of London Authority, the Marine Management Organisation or the Historic Buildings and Monuments Commission for England.

sewerage undertaker

The statutory undertaker for sewerage – responsible for sewerage maintenance.

shaft Duct/pipe/vertical tunnel; a vertical normally circular chamber.

silt Granular material of a grain size between sand and clay derived from soil or rock. Silt may occur as a soil or as suspended sediment (also known as suspended load) in a surface water body. It may also exist as soil deposited at the bottom of a water body.

sites and monuments record

A resource and repository of information about the archaeology and historic landscapes under the care of an organisation such as the National Trust and local authorities.

Source Protection Zone (SPZ)

A Source Protection Zone is an area designated by the Environment Agency to show the risk of contamination from potentially polluting activities around groundwater sources such as wells, boreholes and springs used for public drinking water supply.

sound level meter An instrument for measuring the sound pressure level.

special loads This is defined in para.10, Part 2 (Part 2 Vehicles and Part 2

Glossary


101

Term Description

vehicle-combinations: recognised categories and defined terms) to the Road Vehicles (Authorisation of Special Types) (General) Order 2003 (S.I. 2003/1998).

Strategic road network (SRN)

This is the strategic network of roads used to move people and freight around the country, and includes motorways and major trunk roads.

suspended solids The small solid particles that remain in suspension within a liquid.

temporary works All works required to facilitate the execution of the design, including any left in place after completion, as required under Construction (Design and Management) Regulations 2007.

Thames Tideway Tunnel project

The Thames Tideway Tunnel projectincluding all associated works undertaken by the contractor or members of its supply chain. It is intended to capture and store unacceptable discharges from combined sewer overflows (CSOs) along the route of the tidal Thames.

topography The study of Earth's surface shape and features or those of planets, moons, and asteroids. It is also the description of such surface shapes and features (especially their depiction in maps).

Transport for London Road Network (TLRN)

The 580km network of major roads that is administered by Transport for London. It accounts for 5% of London’s roads but carries 33% of its traffic.

tree preservation orders

The designation of trees that contribute significantly to the amenity value of an area. A tree preservation order designation requires an application is made before any works are carried out to them, including routine maintenance.

trigger level A predetermined value that can be measured (eg, by survey processes) from a stable baseline, due to construction works. When a trigger level is exceeded, there will be preset actions that should be followed. Trigger levels and preset actions are normally set out in safety case assurance documentation, related to the construction works.

tunnel boring machine (TBM)

A machine used to excavate and line tunnels with a circular cross-section through a variety of ground conditions.

ventilation shaft/olumn

A vertical pipe or conduit which allows air to move in or out of the system.

works All construction work associated with the construction of the Thames Tideway Tunnel.

zone of influence An area contained by a 1mm vertical movement contour defined in the Environmental Statement that supports the application.

Appendices


102

Appendix J:Section 61 application guidance

J .1 Guide to making a Section 61 application

J.1.1 The CoCP requires that Section 61 applications under the CoPA are made to relevant local authorities for all construction activities which may generate noise effects. This appendix provides guidance on the process of application for a Section 61 consent, and gives recommendations on liaison with the local authority.

J.1.2 For clarity, and consistency with the CoPA, the term ‘noise’ includes vibration.

J.1.3 This appendix provides a sample form for making a Section 61 application. In the event that, due to circumstances that were not foreseen at the time of making the application, changes occur to the planned works, a number of steps must be taken by the contractor. These are outlined in the sections following the guidance on the initial Section 61 application.

Section 61 application

J.1.4 contractors will be required to submit applications for Section 61 consents, variations and dispensations under the CoPA for all construction activities which may generate noise effects, including tunnelling, which do not comply with any specific limits set out in the DCO Requirements, unless the relevant local authority requires otherwise. Activities that may not require a Section 61 consent include minor works which do not have significant noise and vibration impact, such as minor utility connections, existing sewer minor modifications, footpath crossovers, and traffic management schemes if the work is being carried out during normal working hours only.

J.1.5 The required level of information in the Section 61application will be dependent on local circumstances, ie, the proposed work and the area in which it is to be carried out.

J.1.6 The Section 61 consent process must be ‘owned’ by the construction team within the contractor as the consents are for the method of work and mitigation measures (which will include constraints on hours of working and potentially other significant cost items), and hence the processes for developing consent applications and ensuring compliance with the approved methods must be the responsibility of senior level construction management.

J.1.7 The CoCP Part B defines which of the different types of working hours (Table 4.1) apply to the different activities at each site. Except for continuous working hours (including river and rail transport hours), all other categories of working hours outside of standard working hours are intermittent or are required for defined periods of time. The period of application of these types of working hours will be notified within the Section 61 application.


Numbering

Formatted: Indent: Left: 2cm, No bullets or numbering



EHO and legal review

Deleted: typically d

Deleted: o

Deleted: those

Deleted: .

Appendices


103

J.1.8 Noise calculations and development of steps to minimise noise will be focussed on the significant noisy activities; this will be of relevance for both applications. The quiet activities will simply be listed as items in the method statement. Quiet and noisy activities will be defined in consultation with the local authority before submission.

J.1.9 The screening process will also consider the extent of each consent application. Coverage of a very large number of activities or a small number of activities will usually be avoided. The former can result in excessive consent development time and cost. The latter is also inefficient as it involves too much paperwork for both the contractor and local authority. It may be applicable for the standard working hours Section 61 application to run for a longer period than the application covering works outside of standard working hours.

J.1.10 The duration of consents will be considered carefully. Seeking consent for future activities that have yet to be fully developed can lead to significant and unnecessary work for the contractor and local authority in agreeing subsequent amendments. It will also be noted that some local authorities might wish to time limit consents on large projects (eg, six months) to allow for regular review (eg, complaints).

J.1.11 Consideration will also be given to the content of applications. Two approaches are typical, covering all activities for a fixed period or seeking consent for activities or groups of activities. The latter approach can often fit better with the development of the construction programme and placement of subcontracts.

J.1.12 The contractor will keep a list of the activities and durations for separate Section 61 applications, which will routinely be reviewed and updated.

J.1.13 Early discussions between the contractor and the local authorities will be required to ensure that all parties are familiar with the issues associated with the planned construction works to be covered by a consent application. Any agreed consultation with the community liaison panel would take place at this stage in the process. A draft Section 61 application will be submitted to the relevant local authority at least one month before the intended submission date. The draft can then be used as the basis of more detailed discussions between the contractor and local authority with respect to the works, and the need for any alteration of the information provided in the Section 61 can be identified, with sufficient time for changes to be implemented.

J.1.14 In advance of the formal submission of the first Section 61 application, the contractor will provide to the local authorities information on the personnel authorised on behalf of the contractor to sign off Section 61 applications and requests for changes to Section 61s. The contractor will provide the names of the personnel and sample signatures. In the event that the authorised signatories change, the contractor will inform the local authority as soon as possible.

J.1.15 The draft Section 61 consent could include the following information:

a. scheme of work (including description of the works to be carried out, working methods and duration of the works)

Comment [bb71]: Noise calculations should be carried out

for all construction activities

Appendices


104

b. details to demonstrate that BPM will be used to control noise and vibration

c. location of the noise-sensitive receptors identified for which noise predictions will be made

d. predicted noise levels (and vibration where required) for the noise-and/vibration-sensitive receptors identified above

e. sufficient information for the local authority to validate predictions:

i plant: number and types selected, sound power levels of that plant (and the source of the information, eg, BS 5228)

ii noise source and receptor heights

iii information used in a BS 5228 calculation, ie, angle of view corrections, percentage on time

iv screening calculations

v facade correction

vi information on calculations may be provided as a spread sheet for ease, both in submission and for validation.

f. proposed noise monitoring locations (indicated on a plan)

g. details of activities within the start-up/close-down periods

h. plan showing the working area, main plant locations and named nearby noise-sensitive receptors.

J.1.16 For packages of works which are required to be undertaken outside of standard working hours and/or are predicted to result in noise levels in excess of the noise insulation trigger level, additional information is required to be incorporated within the consent application, including:

i. The number of days for which the thresholds for noise insulation/rehousing are met or exceeded (refer to the CoCP Section 10.4)

j. A detailed BPM assessment of possible quieter alternative methods and full justification of why these are not reasonably practicable

k. Particular emphasis will be given to the consideration of specific mitigation measures over and above the general measures discussed in CoCP Section 10.4

l. For works proposed to be undertaken outside of standard working hours, full justification for why these works cannot be completed within standard working hours.

J.1.17 Following discussion of the draft Section 61consent with the relevant local authorities and the implementation of any necessary changes, the formal application will be made. Submission of ‘standard working hours’ applications must be at least 28 days before the commencement of any works onsite. Submission of consent applications for works to be undertaken outside of standard working hours, and/or are predicted to result in noise levels in excess of the noise insulation trigger levels, will



Numbering



Appendices


105

need to ensure that there is sufficient time between the consent being granted and the works starting to allow any additional mitigation to be implemented. For example, where noise insulation is to be provided, the associated Section 61 consent may need to be submitted four months or more in advance of starting the works that give rise to the need for the insulation, given that the works cannot commence until the mitigation works are complete.

Details of noise levels to be provided

Period LAeq

J.1.18 The range of times over which noise predictions will be required will be dependent on the hours of work needed for the particular construction site. Predictions will be carried out for whichever of the following periods work is expected. Works within the start-up/down periods are to be included.

Table J.3 LAeq period hours of work

Day Works between these hours Period for LAeq

(hours)

Mon-Fri 7am – 8am 1

8am – 6pm 10

6pm – 7pm 1

7pm – 10pm 1

Sat 7am – 8am 1

8am – 1pm 5

1pm – 10pm 1

Sun/Bank/Public holidays 7am – 10pm 1

Any day 10pm – 7am 1

J.1.19 Where works outside of standard working hours are required, the worst case LAeq(1 hour) between 18:00 and 22:00 hours and between 22:00 and 07:00 hours will be stated. Worst case LAeq (1 hour) values may need to be stated at other times, depending on local sensitivities. The need for these predictions will be discussed with the local authority as part of consultation prior to the application.

Maximum noise levels

J.1.20 In the event that percussive operations are required near receptors that could be sensitive to noise and/or vibration maximum noise level (LAMax) and peak particle velocity, vibration predictions will be made. If percussive operations are planned, this will be discussed as part of the consultation prior to the application. Where these types of activity are required, it will be necessary to give careful consideration to BPM noise and vibration control measures (eg, equipment selection, screening and/working hours).


Numbering



Numbering

Appendices


106

Management of changes to proposed works

J.1.21 It is recognised that there may be changes to planned works between the time at which the Section 61 application is made and the works being carried out onsite. Changes have been divided into three categories, as described below.

Dispensation for significant change

J.1.22 The dispensation procedure is to be used when a change in works is required that was not foreseen at the time the Section 61 application was made. A dispensation will need to be applied for when the change in works may result in a change in the potential disturbance to noise/vibration-sensitive receptors. Examples would be changes resulting in different noise levels, working hours or duration of works.

J.1.23 An application for a dispensation must be made to the relevant local authority at least 14 days before the works (to which it relates) are due to commence. When rescheduling relates to works of a critical or urgent nature, the application will normally be made seven days (but at least two working days) before the commencement of the work.

Minor change (variation)

J.1.24 Minor changes may be required to the scheme of works described in the Section 61 application. The contractor may apply to the local authority for a variation in these circumstances. Minor changes are those that would not give rise to a change in the predicted noise/vibration levels. The procedure for applying to the local authority for a variation may also be used where additional activities are required which do not change the predicted noise/levels. It is not anticipated that extensive supporting information would be required for application for variation.

J.1.25 It is intended that the application for variation would be filled out by the contractor and e-mailed to the local authority. If the local authority is satisfied that the variation will not give rise to additional effects on local noise/vibration-sensitive receptors, a nominated officer (normally the EHO) will sign and return the e-mail. The local authority may attach conditions to the variation.

Overrun

J.1.26 It is recognised that there will be occasions when overruns occur, particularly where, for reasons of health and safety or engineering requirements, a specific work item needs to be urgently completed. It is intended that a notification will be e-mailed to the local authority by the contractor. The local authority would then acknowledge its receipt, and return it to the contractor. The notification system for overruns is not an approval process.

J.1.27 The local authority may follow up notifications of overrun. If the overrun and consequent notification are found not to have been carried out for a valid reason, the local authority may pursue this with the contractor.



Numbering



Appendices


107

Emergency deviation

J.1.28 In the event that an occurrence onsite requires an emergency change to works set out in the Section 61, the contractor must notify the relevant local authorities within one hour of the event. The notification must include details of:

m. when and where the occurrence happened and its duration

n. mitigation measures used to control noise and vibration

o. reason for the deviation

p. who is in control of the works onsite for the contractor and contact details

q. any notification to the public

r. how the incident will be prevented from reoccurring.


Appendices


108

Appendix K: Construction environmental management plan template

Construction environmental management plan

K.1 Part 1: General issues

K.1.1 Amendment record

K.1.2 Policy statements

K.1.3 Project profile and scope of works

K.1.4 Project duration

K.1.5 Management structure and responsibilities

s. Responsibilities of the environmental team

t. General environmental responsibilities

K.1.6 Points of contact

K.1.7 Environmental aims, key performance indicators and targets

u. Objectives and targets

v. Key performance indicators

K.1.8 External permission or notification to residents

K.1.9 Identification and management of environmental requirements and legislative constraints

w. Environmental (eg, ecology) constraints

x. Permits/ consents/ licences

K.1.10 Contractors/designers selection and appointment

K.1.11 Coordination, communication and liaison

y. Internal communication

z. External communication

aa. Environmental records

bb. Community relations

K.1.12 Induction, competence and training

cc. Training of the environmental team

dd. Specific training and awareness

K.2 Part 2: Environmental management

K.2.1 Environmental condition of site

K.2.2 Aspects and impacts register

K.2.3 Environmental notices


Numbering

Appendices


109

K.2.4 Thames Tideway Tunnel site rules

K.2.5 Identification of materials to be used

K.2.6 Environmental incident reporting and investigation

ee. Environmental incident recognition/characterisation

ff. Emergency plan

gg. Emergency procedures

hh. Notification and reporting

ii. Arrangements to mitigate environmental incidents

K.2.7 Environmental monitoring and reporting

K.2.8 Performance monitoring and reporting

jj. Monthly reports

kk. Considerate Constructors Scheme

K.2.9 Inspection and audits

ll. Responsibilities

mm. Schedule, frequency and planning

nn. Health and Safety Executive leadership tours

K.2.10 Procedures in the event of failure to comply with this plan

K.2.11 Review and close out reports

K.2.12 Record keeping and archiving

K.2.13 Management review

K.3 Part 3 Appendices: Supporting documentation

K.3.1 Appendix 3.1: Topical environmental management plans

oo. Pollution incident response plan

pp. Lighting management plan

qq. Traffic management plan

rr. River transport management plan

ss. Noise and vibration management plan

tt. Air quality management plan

uu. Water management plan

vv. Land quality

ww. Site waste management plan

xx. Ecology and landscape management plan

yy. Heritage management plan

zz. Materials management plan

Appendices


110

aaa. Community liaison plan

bbb. Resource management plans (water, energy, materials)

K.3.2 Appendix 3.2: Additional environmental guidance/supportive documentation

K.3.3 Appendix 3.3: Schedule of permits, licenses and consents

K.3.4 Appendix 3.4: Policies

K.3.5 Appendix 3.5: Environmental aspects layout drawings

K.3.6 Appendix 3.6: Legal register

K.4 Part 4: Site-specific construction environmental management plan (SSCEMP)

K.4.1 This section shall include the site specific matters and could be supported by the contract wide topical management plan, and includes:

ccc. Introduction

ddd. Key regulators: local authority, EA, HBMCE, PLA, MMO, NE, etc

eee. Proposed site layouts showing the positions and nature of accommodation and construction plant etc

fff. Site activities (one year look ahead)

ggg. Key issues and sensitive receptors

hhh. Licences and consents schedule

iii. Environmental aspects and mitigation measures

jjj. Location of the key sensitive receptors in relation to the environmental aspect

kkk. Specific mitigation measures implemented

lll. Compliance checks for all environmental aspects

mmm. Resources

nnn. Environmental resources for the worksite

ooo. Emergency procedure/contacts for the worksite

Appendices


111

Appendix E LBS Mark Up of Code of Construction Practice B (Chambers Wharf) provided to Thames Water on 20 December 2013 (also incorporating additional comments on noise and vibration and land quality)

DCO-DT-000-ZZZZZ-071902 I December 2013 LBS Comments 1301

Code of Construction Practice Part B: Site-specific requirements

Chambers Wharf

Code of Construction Practice Part B


2

Thames Tideway Tunnel

Code of Construction Practice Part B

Chambers Wharf

List ofcontents

Page number

1 Chambers Wharf ...............................................................................................3

1.1 General ....................................................................................................3

2 General requirements.......................................................................................4

3 Communications and community/stakeholder liaison ..................................4

4 Site operation....................................................................................................5

5 Public access, highway and river transport ...................................................7

6 Noise and vibration...........................................................................................8

7 Air quality ........................................................................................................11

8 Water resources..............................................................................................12

9 Land quality.....................................................................................................12

10 Waste management and resource use..........................................................12

11 Ecology (aquatic and terrestrial) ...................................................................12

12 Historic environment ......................................................................................13

13 Other ................................................................................................................13

List of figures

Page number

Figure 1.1 Chambers Wharf: Site context and location plan .......................................4

3

Chambers Wharf

17.3 General

17.3.1 All works covered within this document are to be managed and performed to the culture within the Thames Tideway Tunnel vision of ‘Zero Incidents, Zero Harm, Zero Compromise’.

17.3.2 The Code of Construction Practice(CoCP) comprises two parts:

a. Part A: General requirements. These measures are applicable project-wide.

b. Part B: Site-specific requirements. These are site-specific measures, where there are deviations from the general requirements indicated in Part A.

17.3.3 This document comprises the CoCP Part B for the Thames Tideway Tunnel project works at the Chambers Wharf site and identifies the detailed site-specific measures including working hours, site set up and servicing arrangements, taking into account the environmental issues and consultations with the London Borough of Southwark and other stakeholders.

17.3.4 For ease of reference the CoCP Part B mirrors the headings in Part A. The CoCP Part B sets out site-specific issues and deviations from Part A so where there are no site-specific measures reference should be made to the measures set out in Part A.

17.3.5 A plan showing the location of the site is shown in Figure 0.1below.

4

Figure 0.1Chambers Wharf:Site context and location plan

Note: For detailed Limits of Land to be Acquired or Used, refer to drawings in the Book of Plans.


18.1.1 As per text in CoCP Part A.

18.1.2 For the avoidance of doubt, the Construction Environmental Management Plan for each phase of works shall be submitted for the approval of the London Borough of Southwark (LBS) (in consultation with any relevant statutory organisation) prior to any works commencing for that phase.

2.1.3 Any works outside the construction site shall also take place in accordance with

agreed CoCP.


19.1.1 The project shall convene a working group with representatives made up from residents, local councillors, contractors, the employer, officers from the London Borough of Southwark and representatives from the local primary care sector. The group will be chaired by either the Local Authority or an independent person.

Comment [d72]: The

Community Liaison Plan needs to

be drawn up in liaison with the

Local Authority. Further specific

details required to be included of

how this will be formed and

operate in order to effectively

integrate the local community taking into account the particular

socio-economic profile of the

surrounding area. It also need to include complaints

procedure and independent

arbitration.

5

19.1.2 A community project hub shall be provided on site throughout the construction works in accordance with details which shall have been previously submitted to and approved by LBS.

20 Site operation

Topic Site-specific requirement

Working hours

This site shall adhere to the following working hours:

a. standard

b. extended standard

c. continuous for main tunnel construction.

Phase 1: Insert working hours

Phase 2: ditto

Phase 3: ditto

Phase 4: ditto

Phase 5: ditto

Phase 6: ditto

[Further restrictions to working hours and permitted activities to be provided for Sundays and Public Holidays.]

When other types of working hours (CoCP Part A, Table 4.1) are required, these shall be subject to prior agreement with the local authority through the Section 61 process.

Site layout, buildings and structures

Details of site layout (including specific areas, operations, parking, servicing & turning areas, buildings and structures for each phase of the construction shall be submitted to and approved by LBS before works commence for that phase. The site layout details shall also show those areas of the site where no work will be permitted within evening and nighttime hours.

Details of designs of all buildings, enclosures and structures (including noise attenuation details) for each phase shall be submitted to and approved by LBS before works commence for that phase if they fall into any of the following categories:

Comment [d73]: Further details being provided in the CLG

draft currently being produce by

TW. LBS to comment on this

when produced.

Comment [d74]: This is not

clear. Considerably greater detail is required of working hours.

How, for example, will residents

reading this document know what

times works will be taking place?

The expected position needs to be

set out up front – s61 can be used

for exceptions and changes to that

- Make clear which working

hours will adhere for the different phases of the project.

- Details of those areas of the site

where no work or activity will be permitted after certain times

(6.00pm and 10.00pm).

- Details of respites in working hours for particular activities (e.g.

Sundays and Bank Holidays) during ‘continuous’ periods of

work.

Comment [d75]: Thames

Water to propose these for

discussion with LBS. These will

include limits on any works on Sundays and public holidays and,

where not possible, limits on

particularly noise generating activities on these days.

6


iv) Any building or structure greater than 2 metres in height and/or a footprint of greater than 25 sq ms,

v) Concrete batching plant. vi) Site power structure.

Details submitted to LBS of any building associated with the construction works located within 15 metres of a site boundary and over three metres in height shall be accompanied by a day and sun light report assessing the impact of the particular building upon adjacent residential properties.

The site layout shall consider the use of required offices and storage containers or structures as noise barriers while also considering their effect on day and sun light.

[suggest you insert an explanatory comment re the deleted paragraph re the offices etc proposed to be used as a sound boundary]

The site layout, including hoardings and noise barriers on the west of the site shall be designed to prevent adverse sunlight/daylight impacts, impacts from visually overbearing appearance, and overlooking of the lower floors of Axis Court.

The site layout shall ensure that noise generating operations shall be located away from sensitive receptors.

Site security / hoarding requirements

The standard hoarding (which shall be 10kg.m-2) shall be increased to 3.6m high around this site.

5m high hoarding/ noise barrier (which shall be 10kg.m-2) to eastern edge of site.

The hoarding is to be as defined in CoCP Part A para. 4.3.4c incorporating planted hoarding and public art on public facing sections.

The local authority shall approve the external appearance and noise attenuation of all hoardings and noise barriers prior to its erection. Details of the hoardings and noise barriers shall be drawn up and provided for discussion with LBS prior to formal submission in order to ensure that the hoardings are erected to meet the programme. No construction works shall take place without the approved hoardings in place.

7


River works Details of coffer dam (or alternative) construction along with necessary mitigating measures shall be submitted to and approved by LBS prior to commencement of its construction.

Otherwise, as per text in CoCP Part A.

Other items A site-specific lighting plan is required including design, power, position of luminaries and times of operation. The lighting shall address the impact on terrestrial and aquatic ecology and include the use of low level directional lighting where possible whilst meeting safe work requirements. The lighting plan is to be submitted to and approved by the London Borough of Southwark prior to works commencing.

Workers cycle parking shall be provided on site prior to

the commencement of development in accordance with

details previously submitted to and approved by LBS.

Refuse and recycling facilities shall be provided prior

to the commencement of development in accordance

with details previously submitted and approved by

LBS.

21 Public access, highway and river transport


Site access and gates The security barrier shall be positioned to allow a standard rigid tipper vehicle to be wholly off the road whilst awaiting barrier operation.

The site gates shall be solid panels and shall remain closed, and only opened for vehicle access and egress, to mitigate against noise and other impacts.

Traffic management All vehicles shall access/egress the site from the A200 Jamaica Road via Bevington Street/Chambers Street.

The site access shall operate as right turn in, left turn out.

Parking along Chambers Street from the site entrance to Bevington Street shall be suspended.

Comment [d76]: Provide

detail of what size is standard.

Might larger than standard be

used? Is so need to be taken into account.

8


Sections of parking on Bevington Street at the junction with Chambers Street shall be suspended.

A new pedestrian refuge on Bevington Street 20m south west of the junction of Bevington Street / Chambers Street shall be provided to accommodate a safe pedestrian crossing.

Signage shall be provided to inform pedestrians and cyclists of safe routes and the presence of construction vehicles.

No lorry movements shall take place to or from the site between the hours of 08:30 and 09:30 or between 15:00 and 16:00, to avoid the lorry movements at arrival and departure times of local schools. The contractor shall provide traffic marshals who shall prevent site lorries entering Bevington Street at these times.

Any displaced parking to be provided before any of the works commence.

All construction related traffic shall proceed directly into the site. No vehicles (including HGV or other construction related traffic) shall wait on Bevington Street or Chambers Street. Site operatives shall patrol the streets to ensure compliance.

Suitable space for the parking, waiting, turning and manoeuvring of vehicles shall be provided in accordance with the construction site layout plans which need to be approved by LBS under section 4 above.

Introduction of a GPS vehicle location and tracking system for all vehicles within the principal contractor’s control.

Event restrictions To be confirmed in consultation with local authority and Transport for London.

River transport There will be no movement, loading or unloading of river vessels mechanismbetween the hours 22:00 hours – 08:00 hours (Mon – Sat), or 22:00 hours – 10:00hours (Sat – Sun) and 16:00 hours – 08:00 hours (Sun – Mon).

Comment [S77]: St Michael’s

starts at 08.50

Comment [S78]: St Michael’s

ends at 15:30

Comment [S79]: And no HGV

movements during ‘extended

hours’ either?

Comment [S80]: How will this

work in practice as HGVs will be

turning in from Jamaica Road?

Comment [d81]: TW to liaise directly with Simon Phillips of

LBS.

9


Chambers Wharf shall not be used as a transhipment site for excavated materials or other materials from other worksites.

A minimum of 90% of excavated materials shall be removed by river, with any derogations or exceptional circumstances requiring the prior approval of LBS in consultation with TfL and PLA. In addition, there shall be no more than 250 HGV movements per day.

Tunnel lining segments will be brought to the site by river only.



Control measures See hoarding and site layout requirements detailed above.

Low vibration piling methods will be used unless approved in advance by LBS as impossible. The first 'anchor' piles will need to be installed using a vibratory driver during normal working hours only. These anchor piles will be installed at a location the furthest possible distance away from the closest residential receptors including Luna House and 8-14 Fountain Green Square.

Compaction of material on site shall be undertaken using machinery generating the lowest practicable vibration levels which still enables the required level of compaction to be completed. Specifically, large twin-drum vibrating rollers shall only be used where vibration levels can be controlled to less than the impact criteria set in the Environmental Statement.

A detailed compaction and piling methodology shall be submitted to and approved by LBS prior to the commencement of such works.

The construction area around the main shaft shall

Comment [d82]: A clearer definition is needed for this.

Comment [d83]: The impact criteria should be written here or

the reference to the criteria should

be included.

10


be covered by an acoustic enclosure/building during the main tunnel construction and secondary lining works (details of which, including the maximum possible noise attenuation, shall be approved by LBS as required under section 4 of this CoCP prior to commencement of construction). The building openings shall be designed to be away from sensitive noise receptors and shall be kept closed when not in use at night. Only essential use of openings shall be permitted at night.

Enclosures with suitable structure and acoustic attenuation material shall be provided for each of the concrete batching plant, grout plant, conveyors to load barges and material storage / handling areas (to be approved by LBS prior to commencement of its operation)

The material handling area shall be screened by a four sided enclosure and roof, clad with suitable noise attenuation material (to be approved by LBS prior to commencement of materials handling)

The slurry treatment plant shall be screened by a four sided enclosure with roof, clad with [suitable] noise attenuation material (to be approved by LBS prior to commencement of the operation of the plant).

All static plant shall be screened or enclosed including enhanced enclosure for pumps (in each case to be approved by LBS prior to operation of each item of plant commences)

Movement of vehicles on site outside standard hours shall be restricted.

The vessel loading area shall be located to consider the noise impacts on riverside properties on both the east and west of the site.

2.4m high noise barrier (10kg.m-2) shall be erected with no gaps at the joints on the edge of cofferdam on the east and west sides of the

Comment [d84]: Details need

to be added by TW for what this

essential use can be and for how long. ‘Only essential use’ provides

no certainty.

Comment [d85]: More

definition needed rather than ‘suitable’.

Comment [d86]: How will this be done? More details are needed

including areas of the site where

there are no movements or activity

after specified hours (6 and 10pm)

Comment [d87]: This needs to

be more specific. Details need to be provided on a plan.

11


vessel loading area.

The noise barrier on cofferdam shall be constructed of transparent plastic (perspex/plexiglass) with a minimum thickness of 6mm and which meets noise attenuation requirements. The barrier up to 1m from ground shall be constructed of plywood (10kg.m-2 ) with no gaps at the joints and the section above shall be transparent to minimise visual impact. Baseline monitoring for noise shall be undertaken for a minimum of 12 months prior to the works commencing.

In-road utility works in Chambers Street shall utilise suitable portable noise barriers including fixing noise attenuating cladding to any portable steel open mesh fencing used.

A Trigger Action Plan (TAP) which shall be agreed with the LBS for Riverside Primary School and other qualifying residential accommodation and other uses will be implemented in full. [suggest you explain that you have deleted the wording re accommodation close by because it should receive insulation etc without any TAP?]

Other For removal of the existing jetty decking piles see Part A. The contractor’s method is to reduce potential river vibration.

23 Air quality


Vehicle and plant emissions As per text in CoCP Part A.

Dust emissions/control Baseline monitoring for PM10, PM2.5 , TSP and NO2shall be undertaken for a minimum of 12 months, prior to the works commencing.

Odour As per text in CoCP Part A.

Other As per text in CoCP Part A.

Comment [d88]: What noise

attenuation requirements? Needs

to be spelt out in more detail.

12

24 Water resources


Control of pollution:

surface water /groundwater

All areas of hardstanding (as far as reasonably practicable) shall incorporate permeable surfacing with details submitted to and approved by the LBS before works commence.

Control on abstraction As per text in CoCP Part A.

Ground treatment / dredging As per text in CoCP Part A.


25 Land quality


Site works As per text in CoCP Part A.

Site-specific issues / mitigation

As per text in CoCP Part A.

Other A UXO mitigation plan to be prepared in consultation with the local planning authority.



Excavated material As per text in CoCP Part A.

Resourceusage As per text in CoCP Part A.

Other Litter bins shall be provided on site and in the vicinity of the site (near to shops for example) for the duration of the works along with collection arrangements. This is to prevent litter accumulating around the site. Details to be submitted to and approved by LBS before works commence.



Protection of habitats A membrane shall be installed between river bed and temporary back fill material to prevent contamination of juvenile fish habitat and benefits

13

in preserving potential archaeology.

Areas of foreshore used for temporary works shall be restored to substantially the same condition and material as was present prior to the works.

For removal of piles see CoCPPart A (Section 4.7 River works).

Protection of trees As per text in CoCP Part A.

Other Details on how the construction of the cofferdam and wharf will be undertaken shall be submitted and approved by LBS prior to works commencing. Strict measures need to be taken to avoid any construction materials and lubricants polluting the river.



Other The site-specific heritage management plan for this site shall include all heritage assets along the alignment of the tunnel driven from this site where not directly affected by other sites.

29 Other



14

Appendix F LBS Mark Up of Draft Development Consent Order provided to Thames Water on 20 December 2013

S T A T U T O R Y I N S T R U M E N T

201[●] No. [●]

INFRASTRUCTURE PLANNING

WASTEWATER

The [Draft] Thames Water Utilities Limited (Thames Tideway

Tunnel) Development Consent Order 201[●]

Made - - - - [●] 201[●]

Coming into force - - [●] 201[●]

CONTENTS

PART 1

PRELIMINARY

1. Citation and Commencement

2. Interpretation

PART 2

WORKS PROVISIONS

Principal powers

3. Development consent etc. granted by the Order

4. Authorisation of use

5. Maintenance of authorised project

6. Limits of Deviation

7. Defence to proceedings in respect of statutory nuisance

Benefit of order

8. Benefit of Order

9. Transfer of benefit of Order

Streets and traffic regulations

10. Street works

11. Power to alter layout, etc., of streets

15

12. Construction and maintenance of altered streets

13. Stopping up of streets

14. Public rights of way and permissive paths

15. Temporary stopping up

16. Access to works

17. Agreements with street authorities

18. Traffic regulation

Supplemental powers

19. Discharge of water

20. Protective work to buildings and structures

21. Rmedial work to buildings, or apparatus or equipment

22. Authority to survey and investigate the land

23. Removal of human remains

24. Incidental powers

25. Felling or lopping of trees

26. Trees subject to tree preservation orders

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

27. Compulsory acquisition of land

28. Compulsory acquisition of rights

29. Acquisition of subsoil only

30. Acquisition of land limited to subsoil lying more than 9 metres beneath surface

31. Power to override easements and other rights

32. Statutory authority to override easements and other rights

33. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

Temporary possession of land

34. Temporary use of land for carrying out the authorised project

35. Temporary use of land for maintaining authorised project

Compensation

36. Disregard of certain interests and improvements

37. Set-off for enhancement in value of retained land

38. No double recovery

39. Compulsory acquisition of land – incorporation of the mineral code

Supplementary

40. Acquisition of part of certain properties

41. Statutory undertakers

42. Apparatus and rights of statutory undertakers in stopped-up streets

43. Recovery of costs of new connections

44. Time limit for exercise of authority to acquire land compulsorily

45. Private rights of way

46. Public rights of navigation

47. Rights under or over streets and city walkways

PART 4

MISCELLANEOUS AND GENERAL

48. Application of landlord and tenant law

Deleted: e

16

49. Deemed marine licence

50. Miscellaneous provisions relating to the 1990 Act

51. Safeguarding

52. Provisions for protection of specified undertakers

53. Discharge of requirements etc.

54. Removal of consent requirements

55. Application, disapplication and modification of legislative provisions

56. Amendment of local legislation

56A. Application of pipe subways legislation

57. Certification of plans etc

58. Meaning of Secretary of State

59. Arbitration

SCHEDULES

SCHEDULE 1 — AUTHORISED PROJECT

PART 1 — AUTHORISED DEVELOPMENT

PART 2 — ANCILLARY WORKS

SCHEDULE 2 — PLANS

PART 1 — WORKS PLANS

PART 2 — LAND PLANS

PART 3 — ACCESS PLANS

PART 4 — APPROVED PLANS

SCHEDULE 3 — REQUIREMENTS

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

SCHEDULE 6 — STREETS TO BE STOPPED UP

SCHEDULE 7 — PUBLIC RIGHTS OF WAY AND PERMISSIVE PATHS TO BE

EXTINGUISHED

SCHEDULE 8 — STREETS AND RIGHTS OF WAY ETC. TO BE TEMPORARILY

STOPPED UP

SCHEDULE 9 — ACCESS TO WORKS

SCHEDULE 10 — TRAFFIC REGULATION

PART 1 — TEMPORARY

PART 2 — PERMANENT

SCHEDULE 11 — PROTECTIVE WORKS

SCHEDULE 12 — PUBLIC RIGHTS OF NAVIGATION TO BE AFFECTED BY THE

AUTHORISED PROJECT

SCHEDULE 13 — LAND OF WHICH ONLY SUBSOIL MORE THAN 9 METRES

BENEATH THE SURFACE MAY BE ACQUIRED

SCHEDULE 14 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 15 — DEEMED MARINE LICENCE

PART 1 — GENERAL

PART 2 — CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

SCHEDULE 16 — PROVISIONS FOR PROTECTION OF SPECIFIED

UNDERTAKERS

PART 1 — FOR THE PROTECTION OF ELECTRICITY AND GAS

UNDERTAKERS

17

PART 2 — THE PORT OF LONDON AUTHORITY

PART 3 — THE ENVIRONMENT AGENCY

PART 4 — TRANSPORT FOR LONDON

PART 5 — NETWORK RAIL INFRASTRUCTURE LIMITED

PART 6 — COMMUNICATIONS NETWORK OPERATORS

SCHEDULE 17 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS ETC.

AND APPEALS

SCHEDULE 18 — REMOVAL OF CONSENT REQUIREMENTS

SCHEDULE 19 — MISCELLANEOUS CONTROLS

PART 1 — PUBLIC GENERAL LEGISLATION

PART 2 — LOCAL LEGISLATION

An application was made to the Secretary of State in accordance with section 37 of the Planning Act

2008 and the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

for an order under sections 37, 114, 115, 117, 120, 122 and 123 of that Act.

The Examining authority appointed by the Secretary of State examined the application in accordance

with Chapter 4 of Part 6 of that Act and made a recommendation [under section [74] of that Act] that

the application should be granted.

Accordingly, the Secretary of State, having the function of deciding the application, in exercise of the

powers conferred by sections 103, 114, 115, 120, 122 and 123 of that Act, makes the following Order—

PART 1

PRELIMINARY

Citation and Commencement

5. This Order may be cited as the Thames Water Utilities Limited (Thames Tideway Tunnel)

Development Consent Order 201[●] and shall come into force on [●] 201[●].

Interpretation

6.—(b) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(4);

“the 1965 Act” means the Compulsory Purchase Act 1965(5);

“the 1980 Act” means the Highways Act 1980(6);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;

“the 1984 Act” means the Road Traffic Regulation Act 1984(7);

“the 1990 Act” means the Town and Country Planning Act 1990(8);

“the 1991 Act” means the New Roads and Street Works Act 1991(9);

“the 2008 Act” means the Planning Act 2008(10);

(4) 1961 c.33. (5) 1965 c.56. (6) 1980 c.66. (7) 1984 c. 27. (8) 1990 c.8. (9) 1991 c.22. (10) 2008 c.29.


18

“acceptance date” means the earlier of the date on which the acceptance tests are satisfactorily

completed and the date on which deemed acceptance of the relevant part of the authorised project

occurs; [DRAFTING NOTE – THIS REFLECTS THE DEFINITION IN THE DRAFT NOTICES

MADE UNDER THE SIP REGULATIONS].

“access plans” means the plans certified as the access plans by the Secretary of State for the

purposes of this Order and listed in part 3 of Schedule 2;

“agreed date” means the day agreed for the provision of further information pursuant to paragraph

4(5) of Schedule 17;

“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (authorised project)

and any other works authorised by the Order and which are not development within the meaning of

section 32 of the 2008 Act;

“appeal documentation” means a copy of the application submitted to the discharging body and any

supporting documentation which the undertaker may wish to provide;

“appeal parties” means the discharging authority, the undertaker, and (where relevant) a

requirement consultee;

“approved plans” means the plans listed in Part 4 of Schedule 2 and such revised or supplemental

plans as may be approved pursuant to the requirements;

“authorised development” means the development and associated development described in Part 1

of Schedule 1 (authorised project)

“the authorised project” means the authorised development and the ancillary works;

“the book of reference” means the book of reference certified by the Secretary of State as the book

of reference for the purposes of this Order;

“building” includes any building, structure or erection or any part of a building, structure or

erection;

“business days” means Monday to Friday excluding bank holidays;

“carriageway” has the same meaning as in the 1980 Act;

“city walkway” means a walkway in the City of London declared further to the City of London

(Various Powers) Act 1967;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008

Act;

“CSO” means a combined sewer overflow;

“discharging authority” means the body responsible for giving any consent, agreement or approval

required by a requirement included in this Order or protective provision set out in Schedule 16 to

this Order, or further to any document referred to in any requirement, or any licence condition in the

deemed marine licence set out in Schedule 15 (deemed marine licence), or the local authority in the

exercise of functions set out in sections 60 or 61 of the Control of Pollution Act 1974;

“environmental statement” means the environmental statement with document reference 6 as

submitted by Thames Water Utilities Limited to support its application for development consent;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“highway works (class 1)” means all highway works that are not highway works (class 2);

“highway works (class 2)” means [listed non-critical path works]; [DRAFTING NOTE – TW IS

CURRENTLY CONSIDERING IN DETAIL WHICH WORKS COULD FALL WITHIN THIS

CATEGORY AND DETAILS WILL FOLLOW.]

“infrastructure provider” means any body designated by the Secretary of State for the Environment,

Food and Rural Affairs or by the Water Services Regulation Authority (as the case may be) in

respect of the authorised project or part(s) of the authorised project under or by virtue of Section

36D of the Water Industry Act 1991 (as inserted by Section 35 of the Flood and Water Management

Act 2010) or any successor under a special administration order or otherwise;

“the land plans” means the plans certified as the land plans by the Secretary of State for the

purposes of this Order and listed in part 2 of Schedule 2 (plans);

Comment [g89]: Definition required

Deleted: [and any other

development authorised by this

Order, which is development

within the meaning of section 32 of

the 2008 Act]; [DRAFTING NOTE

– FURTHER TO DISCUSSIONS

AT THE DCO HEARINGS, TW IS

CONSIDERING THE DELETION

OF THE WORDS IN BRACKETS.]

Comment [g90]: Amendment

required to catch changes to ES

following further mitigation work

for the purposes of the NEWT

commitment

Comment [g91]: Presume

details will be accompanied with justification of why critical works

are critical

19

“levels” means the levels shown on the sections;

“limits of deviation” means the limits referred to in article 10;

“maintain” includes maintain, inspect, repair, adjust, or alter, refurbish, the authorised project and

“maintaining” and “maintenance” shall be construed accordingly;

“major detailed requirements” means requirements: [DRAFTING NOTE – THIS LIST HAS BEEN

EXTENDED FOLLOWING A FURTHER REVIEW BY TW.]

ACTST2, ACTST3, ACTST6, ACTST7, ACTST8, ACTST9,

HAMPS4, HAMPS5,

BAREL3, BAREL6, BAREL7, BAREL8 BAREL10,

PUTEF2, PUTEF3, PUTEF4, PUTEF5, PUTEF6, PUTEF8, PUTEF10, PUTEF11, PUTEF13,

PUTEF14, 15, PUTEF16, PUTEF17, PUTEF20 ,

CARRR1, CARR3, CARRR6, CARR7, CARRR8, CARRR9, CARR10, CARR11, CARR14,

DRMST2, DRMST3, DRMST4, DRMST7, DRMST8, DRMST9, DRMST11,

KNGGP2, KNGGP3, KNGGP6, KNGGP7, KNGGP8, KNGGP9, KNGGP10, KNGGP13,

FALPS2, FALPS5, FALPS6, FALPS7, FALPS8,

CREWD2, CREWD3, CREWD4, CREWD5, CRWED6, CREWD7, CREWD10, CREWD11,

CREWD12,

CHEEF3, CHEEF4, CHEEF5, CHEEF6, CHEEF7, CHEEF8, CHEEF9, CHEEF10, CHEEF11,

CHEEF13, CHEEF14, CHEEF15, CHEEF16,

KRTST2, KRTST3, KRTST4, KRTST7, KRTST8, KRTST9 KRTST10, KRTST11, KRTST12,

KRTST14

HEAPS2, HEAPS3, HEAPS4, HEAPS5, HAEPS6, HEAPS9, HEAPS10, HEAPS11, HEAPS12,

HEAPS16,

ALBEF2, ALBEF3, ALBEF4, ALBEF5, ALBEF6, ALBEF8, ALBEF9, ALBEF10, ALBEF11,

ALBEF12, ALBEF14, ALBEF15, ALBEF16, ALBEF17,

VCTEF2, VCTEF4, VCTEF5, VCTEF6, VCTEF7, VCTEF9, VCTEF10, VCTEF12, VCTEF13,

VCTEF14, VCTEF16, VCTEF17, VCTEF18, VCTEF19, VCTEF20,

BLABF2, BLABF4, BLABF5, BLABF6, BLABF10, BLABF11, BLABF13, BLABF14,

BLABF15, BLABF16, BLABF17, BLABF19, BLABF20, BLABF21, BLABF22, BLABF24,

BLABF25,

SHTPS2, SHTPS3, SHTPS5, SHTPS6, SHTPS7,

CHAWF2, CHAWF3, CHAWF4, CHAWF5, CHAWF6, CHAWF7, CHAWF8, CHAWF10,

CHAWF11, CHAWF12, CHAWF13,

EARPS2, EARPS3, EARPS6, EARPS7, EARPS8,

DEPCS2, DEPCS3, DEPCS4, DEPCS5, DEPCS6, DEPCS7, DEPCS8, DEPCS9, DEPCS12

GREPS2, GREPS3, GREPS4, GREPS7, GREPS8, GREPS10, GREPS11, GREPS12,

KEMPF2, KEMPF3, KEMPF4, KEMPF5, KEMPF6, KEMPF7, KEMPF8, KEMPF9, KEMPF10,

KEMPF12, KEMPF13, KEMPF14, KEMPF16,

BEKST3, BEKST5,

ABMPS2, ABMPS3, ABMPS5, ABMPS6,

BESTW2, BESTW3, BESTW4;

“minor detailed requirements” means requirements, other than major detailed requirements, which

require any consent, agreement or approval of a discharging authority or permit the discharging

authority to agree or approve matters otherwise than provided for in the requirement;

“Order land” means the land shown on the land plans which is within the limits of land to be

acquired or used and described in the book of reference;

“Order limits” means the limits shown on the works plans within which the authorised project may

be carried out;

Comment [g92]: Please see

explanatory comments on

corresponding article. TW to

produce justification for the width

of each term as requested by ExA

Deleted: remove, clear,

Deleted: reconstruct, decommission, demolish, replace

or improve

20

“owner” in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act

1981(11);

“permissive path” means any permissive path whether created by statute, agreement or otherwise;

“relevant planning authority” means the council of the relevant London Borough and any successors

to its function as planning authority for the area in which the land to which the provisions of this

Order apply is situated; [DRAFTING NOTE – THIS TERM IS USED IN ARTICLES 16(b) (ACCESS

TO WORKS), 23(4) & (11)(b) (HUMAN REMAINS), AND 53(3) (DISCHRGE OF

REQUIREMENTS ETC) (NOW 53(2)).]

“relevant time limits” means the time limits prescribed in Schedule 17 or set by the appointed

person pursuant to Schedule 17;

“requirement consultee” means any body named in a requirement which is the subject of an appeal

as a body to be consulted by the discharging authority in discharging that requirement;

“requirements” means those matters set out in Schedule 3 (requirements);

“the Secretary of State” means the Secretary of State as specified in article 62 (or his successor);

“the sections” means the sections shown on the works plans;

“special administration” means special administration as defined in the Water Industry Act 1991

Sections 23 to 25 and in relation to an Infrastructure Provider paragraph 7 of Schedule 1 of the

Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013;

“start date” means the date on which the appeal parties are notified of the person appointed to

determine an appeal made under Schedule 17;

“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008

Act;

“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the

verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“tree preservation order” has the meaning given in section 198 of the 1990 Act;

“Thames Water Utilities Limited” means Thames Water Utilities Limited as [the statutory sewerage

undertaker licensed under the Water Industry Act 1991 and statutory successors or any successor

under a special administration order or otherwise]; [DRAFTING NOTE – DEFINITION TO BE

CONFIRMED FOR PURPOSES OF ARTICLE 9.]

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means the person who has the benefit of this Order in accordance with articles 12

and/or 13 of this Order;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices,

sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the plans certified as the works plans by the Secretary of State for the

purposes of this Order and listed in part 1 of Schedule 2.

(1) References in this Order to the authorised project coming into use mean use of the authorised

development for the purpose for which it was designed including commissioning.

(2) References in this Order to rights over land include references to rights to do or to place and

maintain, anything in, on or under land or in the air-space above its surface.

(3) All distances, directions, levels and lengths referred to in this Order are approximate. All

distances for scheduled linear works referred to in this Order are measured along the centre line of the

limit of deviation for that work. Internal diameters for tunnels and shafts are the approximate internal

dimensions after the construction of a tunnel lining. Unless otherwise stated in Schedule 1, depths are

specified to invert level and are measured from the proposed final ground level.

(4) For the purposes of this Order, all areas described in square metres in the Book of Reference are

approximate.

(11) 1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991

(c.34).

21

(5) References in this Order to points identified by letters or numbers shall be construed as references

to points so lettered or numbered on the plan to which the reference applies.

(6) References in this Order to numbered works are references to the works as numbered in part 1 of

Schedule 1.

(7) References in this Order to any statute, order, regulation or similar instrument shall be construed

as a reference to the statute, order, regulation or instrument as amended by any subsequent statute,

order, regulation or instrument or as contained in any subsequent re-enactment.

PART 2

WORKS PROVISIONS

Principal powers

Development consent etc. granted by the Order

7. Subject to the provisions of this Order and to the requirements in Schedule 3 (requirements) and

Schedule 16 (protective provisions) to this Order the undertaker is granted—

(a) development consent for the authorised development; and

(b) consent for the ancillary works;

to be carried out within the Order limits and in accordance with the approved plans.

Authorisation of use

8. Subject to the provisions of this Order and to the requirements the undertaker may operate and

use the authorised project for the purposes for which it was designed.

Maintenance of authorised project

9. The undertaker may at any time maintain the authorised project, except to the extent that this

Order or an agreement made under this Order provides otherwise, and for the avoidance of doubt the

power of maintenance provided by this article does not constitute the grant of development consent

for any development not authorised by article 3.

Limits of Deviation

10. In constructing or maintaining works 1a to 1d, 3b, 4b, 5b, 7, 10b, 11b, 12b, 14b, 15b, 16b and

20, the undertaker may deviate—

(a) laterally from the lines, situations or positioning of the authorised development shown or

indicated on the works plans to the extent of the limits of deviation shown on the works plans;

and

(b) vertically from the levels of the authorised development shown on the sections to any extent:

(i) not exceeding 3 metres upwards; or

(ii) downwards as may be found to be necessary or convenient.

Defence to proceedings in respect of statutory nuisance

11.—(c) Where proceedings are brought under section 82(1) of the Environmental Protection Act

1990(12) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance

falling within paragraph (g) of Section 79(1) of that Act (noise emitted from premises so as to be

(12) 1990 c.43. section 82 is amended by section 5 of the Noise and Statutory Nuisance Act 1993 (c.40), section 106 of and Schedule 17

to the Environment Act 1995 (c.25) and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16). There are other amendments to this section which are not relevant to this Order.


Numbering

Comment [g93]: This is still

subject to the catch all in the

definition of associated development. Even with an

appropriate restriction here the

specific items in the definition of

maintain need to be justified by

TW.

22

prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section

82(2) of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the

construction of the authorised project and associated activities up to the acceptance date and

that the nuisance is attributable to the carrying out of the authorised project in accordance with

a notice served under section 60 (control of noise on construction sites), or a consent given

under section 61 (prior consent for work on construction sites) or 65 (noise exceeding

registered level), of the Control of Pollution Act 1974(13); or

(b) is a consequence of complying with a requirement of this Order specifically relating to control

of noise and that it cannot reasonably be avoided

(c) .

(2) Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to

include statement that it does not of itself constitute a defence to proceedings under section 82 of the

Environmental Protection Act 1990) and section 65(8) of that Act (corresponding provision in relation

to consent for registered noise level to be exceeded), shall not apply where the consent relates to the use

of premises by the undertaker for the purposes of or in connection with the construction or maintenance

of the authorised project.

(3) The defence in this article shall not have effect after the acceptance date.

Benefit of order

Benefit of Order

12. Subject to article 13 (transfer of benefit of Order), the provisions of this Order shall have effect

solely for the benefit of Thames Water Utilities Limited (save where the context requires otherwise)

and any successor under a special administration order or otherwise.

Transfer of benefit of Order

13.—(d) The undertaker may transfer to an infrastructure provider any or all of the benefit of the

provisions of this Order (save for the powers of compulsory acquisition in articles 31 (compulsory

acquisition of land), 32 (compulsory acquisition of rights), 33 (acquisition of subsoil only), 34

(acquisition of land limited to subsoil lying more than 9 metres beneath surface) and 44 (acquisition

of part of certain properties)) and such related rights for such period as may be necessary for the

construction, operation or maintenance of the authorised project as may be agreed between the

undertaker and the infrastructure provider.

(1) Notwithstanding any transfer under paragraph (1) above the undertaker may with the consent of

the Secretary of State transfer to another person (“the transferee”) any or all of the benefit of the

provisions of this Order (save for the powers of compulsory acquisition in articles 31 (compulsory

acquisition of land), 32 (compulsory acquisition of rights), 33 (acquisition of subsoil only), 34

(acquisition of land limited to subsoil lying more than 9 metres beneath surface) and 44 (acquisition of

part of certain properties)) and such related rights for such period as may be necessary for the

construction, operation or maintenance of the authorised project as may be agreed between the

undertaker and the transferee.

(2) Where a transfer has been made in accordance with paragraph (1) or (2) references in this Order

to the undertaker, except in paragraphs (1) and (4), shall include references to the infrastructure provider

or transferee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer

under paragraph (1) or (2) shall—

(13) 1974 c.40. sections 61 and 65 are amended by section 133 of and Schedule 17 to the Building Act 1984 (c.55), section 120 of and

Schedule 24 to the Environment Act 1995 (c.25) and section 162 of, and Schedule 15 to, the Environmental Protection Act 1990 (c.43); there are other amendments not relevant to this Order.


Comment [g94]: Practically

everything that the undertaker is

doing will be susceptible to being

connected back to compliance with

a Requirement

Comment [g95]: This waters

down the BPM test that would otherwise apply. There is no

justification for watering down this

well established balancing test,

especially in a project where noise

is one of the principal impacts

Deleted: <#>; or¶

is a consequence of the

construction of the authorised

project before the acceptance date

and that it cannot reasonably be

avoided

Deleted: [

Deleted: ]

23

(a) be subject to the same restrictions, liabilities and obligations as would apply under this Order

if those benefits or rights were exercised by Thames Water Utilities Limited; and

(b) not prevent Thames Water Utilities Limited benefitting from those provisions of this Order

notwithstanding that those provisions may also benefit the infrastructure provider or

transferee.

Streets and traffic regulations

Street works

14.—(e) The undertaker may, for the purposes of the authorised project, enter on so much of any of

the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits and

may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street, or carry out works to strengthen or repair the carriageway;

(c) place and keep apparatus in or on the street;

(d) maintain, renew or alter the position of apparatus in or on the street or change its position;

(e) demolish, remove, replace and relocate any bus shelter and associated bus stop infrastructure;

(f) execute any works to provide or improve sight lines required by the highway authority;

(g) execute and maintain any works to provide hard and soft landscaping;

(h) carry out re-lining and placement of new temporary markings; and

(i) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to

(h) above.

(2) Without limiting the scope of the powers conferred by paragraph (1) but subject to the consent of

the street authority, which consent shall not be unreasonably withheld, the undertaker may, for the

purposes of the authorised project, enter on so much of any other street [] within the Order limits, for

the purposes set out at paragraph (1) (a) to (i) (street works) and article 54(2) (miscellaneous provisions

relating to the 1990 Act) shall apply.

(3) The authority given by paragraph (1) or (2) is a statutory right for the purposes of sections 48(3)

(streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991

Act(14).

(4) The provisions of sections 54 to 106 (save insofar as disapplied through the operation of article 59

(application, disapplication and modification of legislative provisions) and Schedule 19 (miscellaneous

controls) part 1 to this Order) of the 1991 Act (15) apply to any street works carried out under

paragraph (1) or (2).

(5) In Part 3 of the 1991 Act, provisions relating to major highway works which refer to the highway

authority concerned shall, in relation to works done pursuant to paragraph (1) or (2) which are major

highway works, be construed as references to the undertaker.

(6) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

(7) The undertaker may not exercise the powers under this article after the acceptance date.

[DRAFTING NOTE – AT THE DCO HEARINGS TW COMMITTED TO REVIEW THE TEMPORAL

SCOPE OF ALL POWERS WITHIN THE DCO, AND THE ADDITIONAL PROVISIONS IN THIS

DRAFT OF THE DCO REPRESENT THE OUTCOME OF AN INITIAL REVIEW, HOWEVER MORE

DETAILED REVIEWS CONTINUE AND CHANGES MAY BE NECESSARY. THESE WILL BE

PROVIDED TO YOU ONCE AVAIALBLE.]

(14) Section 51 is amended by section 40 of and Schedule 1 to the Traffic Management Act 2004 (c.18). (15) Sections 54 to 106 are amended by Schedule 7 to the Road Traffic Act 1991 (c.40), Schedule 1 to the Water Consolidation

(Consequential Provisions) Act 1991 (c.60), sections 255 and 256 of the Transport Act 2000 (c.38), sections 40 to 64 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18), Schedule 3 to the Flood and Water Management Act 2010 (c.29), and regulation 17 of S.I. 2007/1951; there are other amendments that are not relevant to this Order.


Comment [g96]: LBS position throughout this section remains

that works should only go ahead if

TW has:

- consulted Southwark Council Networks Management Departments; - complied with the NRSWA 1991 Code of Practice for Co Ordination; and - complied with the London Permit

Scheme as set out in the Traffic Management Act 2004.

Deleted: whether or not

Comment [g97]: LBS position

is that disapplication wherever

used is not precedented, necessary

or appropriate

Comment [g98]: Without this wording this paragraph is far too

unspecific

Deleted: [

Deleted: ]

24

Power to alter layout, etc., of streets

15.—(f) The undertaker may for the purposes of constructing the authorised project alter the layout

of each of the streets specified in column (2) of Schedule 5 (streets subject to alteration of layout)

(and carry out works ancillary to such alteration) in the manner specified in relation to that street in

column (3).

(1) Without prejudice to the specific powers conferred by article 7 or paragraph (1) but subject to

paragraph (3), the undertaker may, for the purposes of either constructing the authorised project or for

works before the acceptance date, alter the layout of any other street (and carry out works ancillary to

such alteration) [] within the Order limits and, without limiting the scope of this paragraph, the

undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath,

footway, cycle track, verge, or central reservation within the street;

(b) alter the level or increase the width of any such kerb, footpath, footway, cycle track, verge, or

central reservation;

(c) reduce the width of the carriageway of the street;

(d) execute any works to widen or alter the alignment of pavements;

(e) execute any works of surfacing or re-surfacing of the highway; and

(f) execute any works necessary to alter existing facilities for the management and protection of

pedestrians.

(2) The powers conferred by paragraph (2)—

(a) shall be exercisable on the giving of not less than 42 days’ notice to the street authority; and

(b) shall not be exercised without the consent (such consent not to be unreasonably withheld) of

the street authority but such consent may be granted subject to reasonable conditions.

(3) [In Part 3 of the 1991 Act, provisions relating to major highway works which refer to the highway

authority concerned shall, in relation to works which are major highway works, be construed as

references to the undertaker.]

(4) [The provisions of sections 54 to 106 (save insofar as disapplied through the operation of article

55 (application, disapplication and modification of legislative provisions) and Schedule 19

(miscellaneous controls) part 1 to this Order) of the 1991 Act apply to works carried out under

paragraph (1) or (2) to the extent that those works involve the breaking up or opening of a street, or any

sewer, drain, or tunnel under it, or tunnelling or boring under a street.]







Construction and maintenance of altered streets

16.—(g) Any street (other than any private streets) to be constructed under this Order shall be

completed to the reasonable satisfaction of the street authority and shall, unless otherwise agreed with

the street authority, be maintained by and at the expense of the undertaker for a period of 12 months

from its completion and [at the expiry of that period by and at the expense of the street authority].

(1) Where a street is altered under this Order, the altered part of the street shall be completed to the

reasonable satisfaction of the street authority and shall, unless otherwise agreed with the street authority,

be maintained by and at the expense of the undertaker for a period of 12 months from its completion

[and at the expiry of that period by and at the expense of the street authority].

(2) Where new land not previously part of the public highway is to form part of the public highway

further to the provisions of this Order it shall, unless otherwise agreed with the street authority, be

deemed as dedicated [on the expiry of a period of 12 months from its completion].


Numbering


Deleted: whether or not

Comment [g99]: Street

authority will have powers whether

or not it is a highway

Deleted: relating to highway

matters

Deleted: [

Deleted: ]

25

(3) In any action against the undertaker in respect of loss or damage resulting from any failure by it to

maintain a street under this article, it shall be a defence (without prejudice to any other defence or the

application of the law relating to contributory negligence) to prove that the undertaker had taken such

care as in all the circumstances was reasonably required to secure that the part of the street to which the

action relates was not dangerous to traffic.

(4) For the purposes of a defence under paragraph (3), the court shall in particular have regard to the

following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the

condition of the part of the street to which the action relates was likely to cause danger to

users of the street; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street

before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a

competent person to carry out or supervise the maintenance of the part of the street to which the action

relates unless it is also proved that the undertaker had given the competent person proper instructions

with regard to the maintenance of the street and that the competent person had carried out those

instructions.

(6) In determining who is the street authority in relation to a street for the purposes of Part III of the

New Roads and Street Works Act 1991, any obligation of the undertaker to maintain the street under

paragraph (1) or (2) other than in connection with the authorised project shall be disregarded.

Stopping up of streets

17.—(h) Subject to the provisions of this article, the undertaker may, in connection with the

carrying out of the authorised project, stop up each of the streets specified in column (2) of Schedule

6 (streets to be stopped up) to the extent specified in column (3) of that Schedule and shown on the

relevant access plan.

(1) No street specified in column (2) of Schedule 6 (being a street to be stopped up) shall be wholly or

partly stopped up under this article unless the condition specified in paragraph (3) is satisfied in relation

to all the land which abuts on either side of the street to be stopped up.

(2) The condition referred to in paragraph (2) is that—

(a) the undertaker is in possession of the land; or

(b) there is no right of access to the land from the street concerned; or

(c) there is reasonably convenient access to the land otherwise than from the street concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(3) Where a street has been stopped up under this article—

(a) all rights of way over or along the street so stopped up shall be extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised project so much of

the street as is stopped up under paragraph (1).

(4) Any person who suffers loss by the suspension or extinguishment of any private right of way

under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of

the 1961 Act.

(5) This article is subject to article 46 (apparatus and rights of statutory undertakers in stopped up

streets).


26

Public rights of way and permissive paths

18.—(i) The public rights of way and permissive paths listed in column (2) of Schedule 7 (public

rights of way and permissive paths to be extinguished) shown marked on the relevant access plans

shall be extinguished as at the expiry of the notice given further to paragraph (2)(a) of this article.

(1) Prior to the extinguishment of each of the public rights of way and permissive paths listed in

column (2) of Schedule 7 shown marked on the relevant access plans the undertaker shall—

(a) erect a site notice at each end of the section to be extinguished (as set out in column (3) of

Schedule 7) no less than 28 days prior to the extinguishment of that way or path; and

(b) have provided the alternative way or path as indicated on the access plans.

(3) The undertaker and the local highway authority may agree that the alternative way or path to be

provided under this article shall take a different route or have a different legal status than that indicated

on the access plans; and a way or path provided in accordance with such agreement shall be taken to

have been provided in accordance with the access plans for the purposes of paragraph (2).

Temporary stopping up

19.—(j) The undertaker, during and for the purposes of carrying out the authorised project, may

temporarily stop up, alter or divert any street, any other public right of way, any city walkway, or

permissive path whether or not within the Order limits and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street, public right of way, city walkway, or

permissive path; and

(b) subject to paragraph (2), prevent all persons from passing along the street, public right of way,

city walkway, or permissive path.

(2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting

a street, public right of way, city walkway, or permissive path affected by the temporary stopping up,

alteration or diversion of a street, public right of way, city walkway, or permissive path under this

article if there would otherwise be no such access.

(3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up, alter

or divert the streets, public rights of way, city walkways and permissive paths specified in column (2) of

Schedule 8 (streets and rights of way etc. to be temporarily stopped up) to the extent specified in

column (3) of that Schedule.

(4) The undertaker shall not temporarily stop up, alter or divert—

(a) any street, public right of way, city walkway or permissive path specified as mentioned in

paragraph (3) without first consulting either the street authority or (in the case of city

walkway) the city walkway authority; or

(b) any other street, public right of way, city walkway or permissive path without the consent of

either the street authority or (in the case of city walkway) the city walkway authority, which

may attach reasonable conditions to any consent, but which consent shall not be unreasonably

withheld.

(5) Any person who suffers loss by the suspension of any private right of way under this article shall

be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.







Access to works

20.—(k) The undertaker may, for the purposes of the construction, use and/or maintenance of the

authorised project—


Numbering



Numbering

Comment [g100]: LBS

position remains that any temporary stopping up should

follow the Highways Act 1980,

procedure to protect interests of all users, and given the residential and

commercial character of the area,

reasonable vehicular and delivery access should also be provided

Deleted: [

Deleted: ]

27

(a) form and lay out means of access, or improve existing means of access, in the location

specified in column (2) of Schedule 9 (access to works) for the purposes specified in column

(3) of Schedule 9; and

(b) with the approval of the relevant planning authority after consultation with the highway

authority, form and lay out such other means of access or improve existing means of access, at

such locations within the Order limits as the undertaker reasonably requires for the purposes

of the authorised project.

(2) The relevant planning authority may attach any reasonable conditions to any approval given

under paragraph (1)(b).


[DRAFTING NOTE – AT THE DCO HEARINGS TW COMMITTED TO REVIEW THE

TEMPORAL SCOPE OF ALL POWERS WITHIN THE DCO, AND THE ADDITIONAL

PROVISIONS IN THIS DRAFT OF THE DCO REPRESENT THE OUTCOME OF AN INITIAL

REVIEW, HOWEVER MORE DETAILED REVIEWS CONTINUE AND CHANGES MAY BE

NECESSARY. THESE WILL BE PROVIDED TO YOU ONCE AVAIALBLE.]

Agreements with street authorities

21.—(l) The undertaker may enter into agreements with a street authority or (in the case of city

walkway) the city walkway authority with respect to—

(a) the construction of any new street or city walkway including any structure carrying the street

or city walkway whether or not over or under any part of the authorised project;

(b) the strengthening, improvement, repair or reconstruction of any street or city walkway under

the powers conferred by this Order;

(c) any stopping up, alteration or diversion of a street or city walkway authorised by this Order;

(d) the carrying out in the street of any of the works referred to in article 14(1) (street works) or

their maintenance;

(e) the alteration of any street further to article 15(1) or (2) (power to alter the layout etc of

streets); or

(f) such other works as the parties may agree.

(2) Such an agreement may, without prejudice to the generality of paragraph (1)—

(a) make provision for the street authority or the city walkway authority to carry out any function

under this Order which relates to the street in question;

(b) include an agreement between the undertaker and street authority or the city walkway

authority specifying a reasonable time for completion of the works;

(c) provide for the dedication of any new street as public highway further to section 38 of the

1980 Act;

(d) provide for any new way to be declared as city walkway in accordance with the City of

London (Various Powers) Act 1967;

(e) contain such terms as to payment as the parties consider appropriate; and

(f) contain such other terms as the parties may agree between them.

Traffic regulation

22.—(m) Subject to the provisions of this article, the undertaker may at any time for the purposes of

the:

(a) construction of the authorised project temporarily regulate traffic further to part 1 of Schedule

10 (traffic regulation), and

(b) construction, operation or maintenance of the authorised project permanently regulate traffic

further to part 2 of Schedule 10 (traffic regulation),



Numbering

Deleted: [

Deleted: ]

28

in the manner specified in column (4) on those roads specified in column (2) and along the lengths

and between the points specified, or to the extent otherwise described in column (3) of that Schedule.

(1) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the

provisions of this article and the consent (such consent not to be unreasonably withheld) of the traffic

authority in whose area the road concerned is situated, which consent may be subject to reasonable

conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in

connection with the construction, operation, or maintenance of the authorised project —

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made,

under the 1984 Act;

(b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on

any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road;

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(2) The undertaker shall not exercise the powers in paragraphs (1) and (2) unless it has—

(a) given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of

police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 7

days of its receipt of notice of the undertaker’s intention under sub-paragraph (a).

(3) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2)

shall—

(a) have effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated as a traffic regulation order under the

1984 Act; or

(ii) the local authority in whose area the road is situated as an order under section 32 of the

1984 Act; and

(b) be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act

2004(16) (road traffic contraventions subject to civil enforcement).

(4) Any prohibition, restriction or other provision made under this article may be suspended, varied or

revoked by the undertaker from time to time by subsequent exercise of the powers conferred by

paragraph (2) at any time.

(5) Before complying with the provisions of paragraph (3) the undertaker shall consult the chief

officer of police and the traffic authority in whose area the road is situated.

(6) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as

in that Act.

(7) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an

application for consent under paragraph (2) the traffic authority shall (unless the parties agree

otherwise) be deemed to have refused consent.

(8) The undertaker may not exercise the power in paragraph 18(1)(a) or 18(2) after the acceptance

date. [DRAFTING NOTE – AT THE DCO HEARINGS TW COMMITTED TO REVIEW THE

TEMPORAL SCOPE OF ALL POWERS WITHIN THE DCO, AND THE ADDITIONAL PROVISIONS

IN THIS DRAFT OF THE DCO REPRESENT THE OUTCOME OF AN INITIAL REVIEW, HOWEVER

MORE DETAILED REVIEWS CONTINUE AND CHANGES MAY BE NECESSARY. THESE WILL BE


(9) In exercising its powers under this provision, the undertaker shall:

(a) consult with the relevant local authority on matters relating to road network management;

(b) comply with all codes of practice issued under the 1991 Act; and

(16) 2004 c. 18

Formatted: Font: Not Italic,(none)

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic,(none)

Formatted: N3, Outlinenumbered + Level: 3 +

Numbering Style: a, b, c, … +Start at: 1 + Alignment: Left +

Aligned at: 0.75 cm + Tabafter: 1.45 cm + Indent at: 1.45 cm

Deleted: [

Deleted: ]

Deleted: <#>¶

29

(c) comply with the London Permit Scheme as set out in the Traffic Management Act 2004.

Supplemental powers

Discharge of water

23.—(n) The undertaker may use any watercourse or any public sewer or drain for the drainage of

water in connection with the carrying out, maintenance or use of the authorised project and for that

purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make

openings into, and connections with, the watercourse, public sewer or drain.

(1) Any dispute arising from the making of connections to or the use of a public sewer or drain by the

undertaker pursuant to paragraph (1) shall be determined as if it were a dispute under section 106 of the

Water Industry Act 1991(17) (right to communicate with public sewers).

(2) The undertaker shall not discharge any water into any watercourse, public sewer or drain except

with the consent of the person to whom it belongs; and such consent may be given subject to such terms

and conditions as that person may reasonably impose, but shall not be unreasonably withheld.

(3) The undertaker shall not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, and

such approval shall not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(4) The undertaker shall not, in carrying out or maintaining works pursuant to this article, damage or

interfere with the bed or banks of any watercourse forming part of a main river, unless otherwise

authorised by this Order.

(5) The undertaker shall take such steps as are reasonably practicable to secure that any water

discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be

practicable from gravel, soil or other solid substance, oil or matter in suspension.

(6) This article does not authorise the entry into controlled waters of any matter whose entry or

discharge into controlled waters is prohibited by Regulation 38 of the Environmental Permitting

(England and Wales) Regulations 2010(18).

(7) If a person who receives an application for consent or approval fails to notify the undertaker of a

decision within 28 days of receiving an application for consent under paragraph (3) or approval under

paragraph (4)(a) that person shall be deemed to have refused consent or approval, as the case may be.

(8) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to the Homes and Communities

Agency, the Environment Agency or a harbour authority within the meaning of section 57 of

the Harbours Act 1964(19) (interpretation), an internal drainage board, a joint planning board,

a local authority, a National Park Authority, a sewerage undertaker or an urban development

corporation; and

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources

Act 1991 have the same meaning as in that Act.

Protective works to buildings and structures

24.—(o) Save as otherwise agreed, subject to the following provisions of this article, the undertaker

may at its own expense carry out the protective works to any building listed in Schedule 11

(Protective works) to this Order which the undertaker considers necessary or expedient.

(1) The protective works may be carried out further to paragraph (1) at any time before or during the

carrying out in the vicinity of the building of any part of the authorised project.

(17) 1991 c.56. Section 106 was amended by sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this

section which are not relevant to this Order. (18) S.I. 2010/675 (19) 1964 c.40; there are amendments to section 57 that are not relevant to this Order.


Numbering


Numbering

30

(2) For the purpose of determining how the functions under this article are to be exercised the

undertaker may enter and survey—

(a) any building to which the power in paragraph (1) applies and any land within the Order limits;

and

(b) where reasonably necessary, any land which is adjacent to the building but outside the Order

limits.

(3) For the purpose of carrying out the protective works under this article to a building the undertaker

may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within the Order limits; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is

adjacent to the building but outside the Order limits, enter the adjacent land (but not any

building erected on it).

(4) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3)(a) to enter a building and land within the Order limits;

(c) a right under paragraph 3(b) to enter land;

(d) a right under paragraph (4)(a) to enter a building and land within the Order limits; or

(e) a right under paragraph (4)(b) to enter land,

the undertaker shall serve on the owners and occupiers of the building or land not less than 14 days’

notice of its intention to exercise that right and, in a case falling within sub-paragraph (a), (d) or (e),

specifying the planned protective works proposed to be carried out, as listed in Schedule 11 (Protective

works) to this Order. Such notice must contain a statement which notifies the recipient of his right

under paragraph (6) to make a referral to arbitration.

(5) Where a notice is served under paragraph (5)(a), (d) or (e), the owner and/or occupier of the

building or land concerned may, by serving a counter-notice within the period of 14 days beginning

with the day on which the notice was served, require any issue as to whether [the protective works

proposed by the undertaker are sufficient to fulfil their purpose, or] it is necessary or expedient to carry

out the protective works or to enter the building or land to be referred to arbitration under article 63

(arbitration).

(6) The undertaker shall compensate the owners and occupiers of any building or land in relation to

which rights under this article have been exercised for any loss or damage arising to them by reason of

the exercise of those rights.

(7) Without prejudice to the power to undertake remedial works, under article 25 (remedial works to

buildings, or apparatus or equipment), where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the authorised project carried out

in the vicinity of the building first comes into use it appears that the protective works are

inadequate to protect the building against damage caused by the carrying out or use of that

part of the authorised project,

the undertaker shall compensate the owners and occupiers of the building for any loss or damage

sustained by them.

(8) Nothing in this article shall relieve the undertaker from any liability to pay compensation under

section 10(2) of the 1965 Act (compensation for injurious affection).

(9) Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute,

under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(10) In this article “protective works” in relation to a building means those works listed in Schedule

11 (protective works) and any other works the purpose of which is to prevent damage which may be

caused to the building listed, which may include monitoring, underpinning, strengthening and any other

works the purpose of which is to prevent damage which may be caused by the carrying out,

maintenance or use of the authorised project.

31

(11) Without prejudice to the definition in article 6 the definition of “building” shall for the purposes

of this article include those buildings, structures, apparatus and equipment listed in Schedule 11

(protective works).

(12) [The undertaker may enter into an agreement or agreements in respect of protective works with

any owner or occupier of a building to which this article applies or of any other building likely to be

affected by the authorised project and such agreement may incorporate, add to, omit or modify the

provisions of this article or any of them.]

Remedial works to buildings, or apparatus or equipment

25.—(p) Save as otherwise agreed, subject to the following provisions of this article, the undertaker

may at its own expense carry out remedial works to any land, building, apparatus or equipment which

may be affected by the authorised project (whether or not within the Order limits), as the undertaker

considers necessary or expedient.

(1) Remedial works may be carried out further to paragraph (1)—

(a) at any time before or during the carrying out in the vicinity of the land or building of any part

of the authorised project; or

(b) after the completion of that part of the authorised project in the vicinity of the land or building

at any time up to the end of the period of 5 years beginning with the day on which that part of

the authorised project first comes into use.

(2) For the purpose of determining how the functions under this article are to be exercised the

undertaker may enter and survey—

(a) any land or building falling within paragraph (1) and any land within the Order limits; and

(b) where reasonably necessary any land which is adjacent to the land or building but outside the

Order limits.

(3) For the purpose of carrying out remedial works under this article to land or a building the

undertaker may (subject to paragraphs (5) and (6))—

(a) enter the land or building and any land within the Order limits; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is

adjacent to the land or building but outside the Order limits, enter the adjacent land (but not

any building erected on it).

(4) Before exercising—

(a) a right under paragraph (1) to carry out remedial works to land or a building;

(b) a right under paragraph (3)(a) to enter land or a building and land within the Order limits;

(c) a right under paragraph 3(b) to enter land;

(d) a right under paragraph (4)(a) to enter land or a building and land within the Order limits; or

(e) a right under paragraph (4)(b) to enter land,

the undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building

or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within

sub-paragraph (a), (d) or (e), [together with any appropriate plans] specifying the remedial works

proposed to be carried out. Such notice must contain a statement which notifies the recipient of his

right under paragraph (6) to make a referral to arbitration.

(5) Where a notice is served under paragraph (5)(a), (d) or (e), the owner and/or occupier of the

building or land concerned may, by serving a counter-notice within the period of 14 days beginning

with the day on which the notice was served, require any issue as to whether [the remedial works

proposed by the undertaker are sufficient to fulfil their purpose, or] it is necessary or expedient to carry

out the remedial works or to enter the building or land to be referred to arbitration under article 63

(arbitration).

(6) The undertaker shall compensate the owners and occupiers of any building or land in relation to

which rights under this article have been exercised for any loss or damage arising to them by reason of

the exercise of those rights.


Numbering

32

(7) Where—

(a) remedial works are carried out under this article to land or a building; and

(b) within the period of 5 years beginning with the day on which the authorised project carried out

in the vicinity of the land or building first comes into use it appears that the remedial works

are inadequate to protect the land or building against damage caused by the carrying out or use

of that part of the authorised project,

the undertaker shall compensate the owners and occupiers of the land or building for any loss or damage

sustained by them.

(8) Nothing in this article shall relieve the undertaker from any liability to pay compensation under

section 10(2) of the 1965 Act (compensation for injurious affection).

(9) Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute,

under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(10) In this article “remedial works” in relation to land or a building means any monitoring or works

the purpose of which is to remedy any damage which has been caused, or prevent any further damage

which may be caused, by the carrying out, maintenance or use of the authorised project.

(11) Without prejudice to the definition in article 6 the definition of “building” shall for the purposes

of this article include apparatus, equipment, or apparatus or equipment within any building.

(12) [In this article “plans” means reasonable and appropriate documents demonstrating conclusion of

the undertaker’s assessment that it is necessary or expedient to carry out the remedial works and that the

remedial works proposed by the undertaker will be sufficient to fulfil their purpose.]

(13) [The undertaker may enter into an agreement or agreements in respect of remedial works with

any owner or occupier of a building to which this article applies or of any other building likely to be

affected by the authorised project and such agreement may incorporate, add to, omit or modify the

provisions of this article or any of them.]

Authority to survey and investigate the land

26.—(q) The undertaker may for the purposes of this Order enter on any land shown within the

Order limits or which may be affected by the authorised project and—

(a) survey, monitor and/or investigate the land;

(b) without prejudice to the generality of (a), survey, monitor and/or investigate the land and any

buildings on that land for the purpose of investigating the potential effects of the authorised

project on that land or buildings on that land or for enabling the construction, use and

maintenance of the authorised project;

(c) without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on

the land as the undertaker thinks fit to investigate the nature of the surface layer and/or subsoil

and/or to remove soil samples;

(d) without prejudice to the generality of sub-paragraph (a), carry out ecological and/or

archaeological investigations or monitoring on such land; and

(e) place on, leave on and remove from the land apparatus for use in connection with the survey,

monitoring and/or investigation of land, the making of trial holes, and/or the carrying out of

ecological and/or archaeological investigations.

(2) This article also applies where an owner or occupier has requested the undertaker to enter his land

for one or more of the purposes set out in (1).

(3) No land may be entered or equipment placed or left on or removed from the land under paragraph

(1) unless at least 14 days’ notice has been served on every owner and occupier of the land. Such notice

must contain a statement which notifies the recipient of his right under paragraph (4) to make a referral

to arbitration.

(4) Where a notice is served under paragraph (3), the owner or occupier of the building or land

concerned may, by serving a counter-notice within the period of 14 days beginning with the day on

which the notice was served, require any issue as to whether the building or land needs to be surveyed

or investigated to be referred to arbitration under article 63 (arbitration).


33

(5) Any person entering land under this article on behalf of the undertaker—

(a) shall, if so required on entering the land, produce written evidence of their authority to do so;

and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey,

investigation, monitoring, or to make the trial holes.

(6) No trial holes shall be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority

(such consent shall not be unreasonably withheld); or

(b) in a private street without the consent of the street authority (such consent shall not be

unreasonably withheld); or

(c) [in a building without the consent of the owner and occupier].

(7) The undertaker shall compensate the owners and occupiers of the land for any loss or damage

arising by reason of the exercise of the authority conferred by this article, such compensation to be

determined, in case of dispute, Part 1 (determination of questions of disputed compensation) of the 1961

Act.

(8) Unless the undertaker has taken temporary possession of the land pursuant to article 34, the

undertaker shall (unless required by the owners of the land not to do so) remove all vehicles and

equipment from and restore the land to the reasonable satisfaction of the owners as soon as reasonable

practicable after completion of the survey, monitoring or investigation (as the case may be).







Removal of human remains

27.—(r) In this article “the specified land” means any land within the Order limits.

(1) Before the undertaker carries out any development or works which will or may disturb any human

remains in the specified land it shall remove those human remains from the specified land, or cause

them to be removed, in accordance with the following provisions of this article.

(2) Before any such remains are removed from the specified land the undertaker shall give notice of

the intended removal, describing the specified land and stating the general effect of the following

provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the

area of the authorised project; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(3) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the

undertaker shall send a copy of the notice to the relevant planning authority.

(4) At any time within 56 days after the first publication of a notice under paragraph (3) any person

who is a personal representative or relative of any deceased person whose remains are interred in the

specified land may give notice in writing to the undertaker of that person’s intention to undertake the

removal of the remains.

(5) Where a person has given notice under paragraph (5), and the remains in question can be

identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take

place; or

(b) removed to, and cremated in, any crematorium,

and that person shall, as soon as reasonably practicable after such re-interment or cremation, provide to

the undertaker a certificate for the purpose of enabling compliance with paragraph (11).


Deleted: [

Deleted: ]

34

(6) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal

representative or relative as that person claims to be, or that the remains in question can be identified,

the question shall be determined on the application of either party in a summary manner by a county

court, and the court may make an order specifying who shall remove the remains and as to the payment

of the costs of the application.

(7) The undertaker shall pay the reasonable expenses both of responding to notices under this article

and of removing and re-interring or cremating the remains of any deceased person under this article.

(8) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has

been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (7) within 56 days after the

giving of the notice but the person who gave the notice fails to remove the remains within a

further period of 56 days; or

(c) within 56 days after any order is made by a county court under paragraph (7) any person,

other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker shall remove the remains and cause them to be re-interred in

such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable

for the purpose; and, so far as possible, remains from individual graves shall be re-interred in individual

containers which shall be identifiable by a record prepared with reference to the original position of

burial of the remains that they contain.

(9) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal

representative or relative as that person claims to be and that the remains in question can be identified,

but that person does not remove the remains, the undertaker shall comply with any reasonable request

that person may make in relation to the removal and re-interment or cremation of the remains.

(10) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation shall be sent by the undertaker to the Registrar

General by the undertaker giving the date of re-interment or cremation and identifying the

place from which the remains were removed and the place in which they were re-interred or

cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph

(9) shall be sent by the undertaker to the relevant planning authority mentioned in paragraph

(4).

(11) The removal of the remains of any deceased person under this article shall be carried out in

accordance with any directions which may be given by the Secretary of State.

(12) Any jurisdiction or function conferred on a county court by this article may be exercised by the

district judge of the court.

(13) Section 25 of the Burial Act 1857(20) (bodies not to be removed from burial grounds, save under

faculty, without licence of Secretary of State) shall not apply to a removal carried out in accordance

with this article.

(14) The Town and Country Planning (Churches, Places of Religious Worship and Burial Ground)

Regulations 1950(21) shall not apply to the authorised project.

(15) [The undertaker may not exercise the powers under this article after the acceptance date.]






(20) 1857 c.81. There are amendments to this Act which are not relevant to this Order.

(21) S.I. 1950/792

35

Incidental powers

28. For the purposes of any works incidental to, or necessary to facilitate, the construction,

operation or maintenance of the authorised project, the undertaker shall have—

(a) the powers which a relevant undertaker has under sections 158 (powers to lay pipes in streets),

159 (power to lay pipes in other land) and 168 (entry for works purposes) of the Water

Industry Act 1991 (subject to Schedules 12 and 13 to that Act), and

(b) the powers [under that Act / under any provision] specified in Schedule 1 to the Water

Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (SI

2013/1582) (subject to the modifications specified in that Schedule).

Felling or lopping of trees

29.—(s) Save in respect of trees or shrubs which come within article 26, the undertaker may fell or

lop any tree or shrub near any part of the authorised project, or cut back its roots, if it reasonably

believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the

construction, maintenance or operation of the authorised project or any apparatus used in connection

with the authorised project.

(1) In carrying out any activity authorised by paragraph (1), the undertaker shall do no unnecessary

damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising

from such activity.

(2) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount

of compensation, shall be determined under Part 1 of the 1961 Act.







Trees subject to tree preservation orders

30.—(t) The undertaker may fell or lop any tree or shrub which is subject to a tree preservation

order with the prior approval of the local planning authority, or cut back its roots if it reasonably

believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the

construction, maintenance or operation of the authorised project or any apparatus used in connection

with the authorised project.

(1) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker shall do no unnecessary damage to any tree or shrub and shall pay

compensation to any person for any loss or damage arising from such activity; and

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

(2) The authority given by paragraph (1) shall constitute a deemed consent under the relevant tree

preservation order.


of compensation, shall be determined under Part 1 of the 1961 Act.









Comment [g101]: TW noted at the hearing that the DCO is to

show all powers of the undertaker

clearly in one place. What is the

justification for this unless it is to

extend the WIA powers beyond

their usual ambit which would

apply to the undertaker without this article, and provide yet further

overlapping powers for the

undertaker? All powers for the project should be contained in the

DCO and so this article should be

deleted.

Deleted: [

Deleted: ]

Deleted: [

Deleted: ]

36

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Compulsory acquisition of land

31.—(u) The undertaker may acquire compulsorily so much of the Order land as is required for the

authorised project or to facilitate it, or is incidental to it.

(1) As from the date on which a compulsory acquisition notice under section 134(3) (notice of

authorisation of compulsory acquisition) of the 2008 Act is served or the date on which the Order land,

or any part of it, is vested in the undertaker, whichever is the later, all rights, trusts and incidents to

which that land or that part of it which is vested (as the case may be) was previously subject shall be

discharged or suspended, so far as their continuance would be inconsistent with the exercise of the

powers under this Order.

(2) Any person who suffers loss by the extinguishment or suspension of any private right of way


the 1961 Act.

(3) This article is subject to article 33 (acquisition of subsoil only), article 34 (acquisition of subsoil

below 9 metres) and article 38 (temporary use of land for carrying out the authorised project).

Compulsory acquisition of rights

32.—(v) The undertaker may acquire compulsorily the existing rights and create and acquire

compulsorily the new rights described in the book of reference and indicated on the land plan.

(1) As from the date on which a compulsory acquisition notice is served or the date on which any new

right is vested in the undertaker, whichever is the later, the land over which any new right is, or rights

are, acquired shall be discharged from all rights, trusts and incidents to which it was previously subject

so far as their continuance would be inconsistent with the exercise of that new right.

(2) Subject to section 8 (other provision as to divided land) of the 1965 Act, as substituted by article

44 (acquisition of part of certain properties), where the undertaker acquires an existing right over land

under paragraph (1), the undertaker shall not be required to acquire a greater interest in that land.

(3) Any person who suffers loss as a result of the extinguishment or suspension of any private right of

way under this article shall be entitled to compensation to be determined, in case of dispute, under Part

1 of the 1961 Act.

Acquisition of subsoil only

33.—(w) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the

land referred to in article 31(1) (compulsory acquisition of land) as may be required for any purpose

for which that land may be acquired under that provision instead of acquiring the whole of the land.

(1) Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1), the

undertaker shall not be required to acquire an interest in any other part of the land.

(2) Paragraph (2) shall not prevent article 44 (acquisition of part of certain properties) from applying

where the undertaker acquires a cellar, vault, arch or other construction forming part of a house,

building or manufactory.

Acquisition of land limited to subsoil lying more than 9 metres beneath surface

34.—(x) This article applies to the land specified in Schedule 13 (land of which only subsoil more

than 9 metres beneath surface may be acquired).

(1) In the case of land to which this article applies, the undertaker may only acquire compulsorily

under article 31 (compulsory acquisition of land) so much of, or such rights in, the subsoil of the land as

may be required for the purposes of the authorised project.


Numbering


Numbering



37

(2) Where the undertaker acquires any part of, or rights in, the subsoil of the land to which this article

applies, the undertaker shall not be required to acquire a greater interest in the land or an interest in any

other part of it.

(3) References in this article to the subsoil of land are references to the subsoil lying more than 9

metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land”

means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground

adjoining the building;

(b) in the case of a watercourse or other water area, the level of the surface of the ground nearest

to it which is at all times above water level; or

(c) in any other case, ground surface level.

Power to override easements and other rights

35.—(y) Any authorised activity which takes place on land within the Order limits (whether the

activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any

servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the

terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised project;

(b) the exercise of any power authorised by this Order; or

(c) the use of any land (including the temporary use of land).

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right

or advantage annexed to land and adversely affecting other land, including any natural right to support

and include restrictions as to the user of land arising by the virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) shall be payable under section 7 or 10 of the 1965 Act; and

(b) shall be assessed in the same manner and subject to the same rules as in the case of other

compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (4), and

(b) fails to discharge that liability,

the liability shall be enforceable against that undertaker.

(6) Nothing in this article shall be construed as authorising any act or omission on the part of any

person which is actionable at the suit of any person on any grounds other than such an interference or

breach as is mentioned in paragraph (1) of this article.

Statutory authority to override easements and other rights

36.—(z) The carrying out or use of development authorised by this Order and the doing of anything

else authorised by this Order is authorised by virtue of section 158 (nuisance: statutory authority) of

the 2008 Act, notwithstanding that it involves—


(b) a breach of a restriction as to user of land arising by virtue of contract.

(2) The undertaker shall pay compensation to any person whose land is injuriously affected by—


Numbering


38


(b) a breach of a restriction as to user of land arising by virtue of contract,

authorised by virtue of this Order and the operation of section 158 of the 2008 Act.

(3) The interests and rights to which this article applies are any easement, liberty, privilege, right or

advantage annexed to land and adversely affecting other land, including any natural right to support.

(4) Subsection (2) of section 10 (further provision as to compensation for injurious affection) of the

1965 Act applies to paragraph (2) by virtue of section 152(5) of the 2008 Act.

(5) Any rule or principle applied to the construction of section 10 of the 1965 Act shall be applied to

the construction of paragraph (2) (with any necessary modifications).

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

37.—(aa) The Compulsory Purchase (Vesting Declarations) Act 1981(22) shall apply as if this

Order were a compulsory purchase order and as if the undertaker were a public authority under

section 1(2) of the 1981 Act.

(1) The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied, shall have effect with

the following modifications.

(2) In section 3 (preliminary notices), for subsection (1) there shall be substituted—

“(1) Before making a declaration under section 4 with respect to any land which is subject to a

compulsory purchase order, the acquiring authority shall include the particulars specified in

subsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the

declaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area in which the land is situated.”.

(3) In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given”

there shall be inserted “and published”.

(4) In that section, for subsections (5) and (6) there shall be substituted—

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) that person is for the time being entitled to dispose of the fee simple of the land, whether

in possession or in reversion; or

(b) that person holds, or is entitled to the rents and profits of, the land under a lease or

agreement, the unexpired term of which exceeds one month.”.

(5) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating

in the area in which the land is situated”; and

(b) subsection (2) shall be omitted.

(6) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section

4 of the Acquisition of Land Act 1981)” shall be omitted.

(7) References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 shall be

construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory

acquisition of land under this Order.

(22) 1981 c. 66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning

(Consequential Provisions) Act 1990 (c. 11). Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c 50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); and sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51). There are other amendments to the 1981 Act which are not relevant to this Order.


Numbering

39

Temporary possession of land

Temporary use of land for carrying out the authorised project

38.—(bb) The undertaker may, in connection with the carrying out of the authorised project—

(a) enter on and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 14 (land of which temporary

possession may be taken) for the purpose specified in relation to that land in column (3) of

that Schedule 14 relating to the part of the authorised project specified in column (4) of

that Schedule 14;

(ii) any other Order land in respect of which no notice of entry has been served under section

11 of the 1965 Act (powers of entry) (other than in connection with the requisition of

rights only) and no declaration has been made under section 4 of the Compulsory Purchase

(Vesting Declarations) Act 1981 (execution of declaration);

(b) remove any buildings and vegetation from that land that reasonably need to be removed in

connection with the carrying out of the authorised project;

(c) construct works (including the provision of means of access) and buildings on that land; and

(d) construct any works specified in relation to that land in column (3) of Schedule 14, or any

other mitigation works.

(2) Not less than [14] days before entering on and taking temporary possession of land under this

article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of

any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year

beginning with the date of completion of the part of the authorised project specified in relation

to that land in column (4) of Schedule 14; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year

beginning with the date of completion of the work for which temporary possession of this 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 Compulsory

Purchase (Vesting Declaration) Act 1981 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

paragraph 1(a)(i), unless otherwise agreed by the owners of the land, the undertaker shall remove all

works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker

shall not be required to—

(a) replace a building removed under this article;

(b) remove any ground-strengthening works (being either works listed in Schedule 11 of this

order or other works to provide safe and stable ground conditions) which have been placed in

that land to facilitate construction of the authorised development; or

(c) remove or reposition any apparatus belonging to statutory undertakers.

(5) Before giving up possession of land of which temporary possession has been taken under

paragraph (1)(a)(ii), unless otherwise agreed by the owners of the land, the undertaker shall either

acquire the land in accordance with the provisions of paragraph (3)(b) or remove all works and restore

the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required

to—

(a) replace a building removed under this article;

(b) remove any ground-strengthening works (being either works listed in Schedule 11 of this

order or other works to provide safe and stable ground conditions) which have been placed in

that land to facilitate construction of the authorised development; or

(c) remove or reposition any apparatus belonging to statutory undertakers.


Comment [g102]: - General - The Council does not believe this Article is required. Article 28 providers the Undertaker with power to compulsory acquire rights over land and these could include rights of entry for temporary works

- Land affected: The Article is unnecessarily wide and affects undefined land outside the Order limits

- Period for exercise of right: In the Model Provisions the power only applies during the "maintenance period" which is defined as the period of 5 years beginning with the date on which that part of the authorised project is first opened for use. This limitation does not appear in the DCO and there is no justification for this omission

- Works for which access is permitted: The definition of maintenance is too wide and could be interpreted to include the construction of a replacement structure

- Compulsory purchase and compensation: the provision in relation to compensation are inadequate given the potential interference this Article will have on private rights

- Limitation: the Article does not provide a long-stop date for the period of possession or access. The period of occupation could potentially be substantial and therefore the Council seeks the inclusion of a provision limiting access to a fixed period

- Notice: The notice provisions are inadequate and should be expanded to give an indication of the nature of the works and the submission of plans, specifications and a method statement for approval.

40

(6) The undertaker shall 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.


of the compensation, shall be determined under Part 1 of the 1961 Act.

(8) Nothing in this article shall affect any liability to pay compensation under section 10(2) of the

1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in

respect of loss or damage arising from the carrying out of the authorised project, other than loss or

damage for which compensation is payable under paragraph (6).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph

(1)(a)(i) except that the undertaker shall not be precluded from—

(a) acquiring new rights over any part of that land under article 32 (compulsory acquisition of

rights);

(b) acquiring any part of the subsoil of (or rights in the subsoil of) of that land under article 33

(acquisition of subsoil only);

(c) carrying out protective works under article 24 (protective work to buildings and structures)

and remedial works under article 25 (remedial work to buildings, or apparatus or equipment);

or

(d) carrying out a survey of that land under article 26 (authority to survey and investigate the

land).

(10) Where the undertaker takes possession of land under this article, the undertaker shall not be

required to acquire the land or any interest in it.

(11) Section 13 of the 1965 Act(23) (refusal to give possession to acquiring authority) shall apply to

the temporary use of land pursuant to this article to the same extent as it applies to the compulsory

acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory

acquisition provisions). For the avoidance of doubt this provision shall not affect any right of an owner

or lessee of that land to make a claim pursuant to Section 150 of the 1990 Act (blight).







Temporary use of land for maintaining authorised project

39.—(cc) Subject to paragraph (2) 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 project;

(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 project; and

(c) construct such temporary works (including the provision of means of access) and buildings on

the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) shall 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 shall serve notice of the intended entry on the owners and occupiers of the land.

(23) Section 13 is amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15).


Deleted: [

Deleted: ]

Deleted: [or any other land]

[DRAFTING NOTE – DELETION

TO BE CONFIRMED]

Deleted: [or any other

land][DRAFTING NOTE –

DELETION TO BE

CONFIRMED]

41

(4) The undertaker may only remain in possession of land under this article for so long as may be

reasonably necessary to carry out the maintenance of the part of the authorised project 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 shall remove all temporary works and restore the land to the reasonable

satisfaction of the owners of the land.

(6) The undertaker shall 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 this article.


of the compensation, shall be determined under Part 1 of the 1961 Act.

(8) Nothing in this article shall affect any liability to pay compensation under section 10(2) of the

1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in

respect of loss or damage arising from the maintenance of the authorised project, 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 shall not be

required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) shall apply to the

temporary use of land pursuant to this article to the same extent as it applies to the compulsory

acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory

acquisition provisions).

(11) The powers in this article are without prejudice to article 28 (incidental powers).

Compensation

Disregard of certain interests and improvements

40.—(dd) In assessing the compensation payable to any person on the acquisition from that person

of any land or right over any land under this Order, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works

executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of

the works or the making of the improvement or alteration as part of the authorised project was not

reasonably necessary and was undertaken with a view to obtaining compensation or increased

compensation.

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other

land with which that person is, or was at the time when the building was erected, the works executed or

the improvement or alteration made as part of the authorised project, directly or indirectly concerned.

Set-off for enhancement in value of retained land

41.—(ee) In assessing the compensation payable to any person in respect of the acquisition from

that person under this Order of any land (including the subsoil) the tribunal shall set off against the

value of the land so acquired any increase in value of any contiguous or adjacent land belonging to

that person in the same capacity which will accrue to that person by reason of the construction of the

authorised project.

(1) In assessing the compensation payable to any person in respect of the acquisition from that person

of any new rights over land (including the subsoil), under article 32 (compulsory acquisition of rights),

the tribunal shall set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and



42

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same

capacity,

which will accrue to that person by reason of the construction of the authorised project.

(2) The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local

enactment for the purposes of that Act.

No double recovery

42. Compensation shall not be payable in respect of the same matter both under this Order and

under any other enactment, any contract or any rule of law, or under two or more different provisions

of this Order.

Compulsory acquisition of land – incorporation of the mineral code

43. Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981(24) (minerals) are incorporated

in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated; and

(b) for “the acquiring authority” substitute “the undertaker”.

Supplementary

Acquisition of part of certain properties

44.—(ff) This article shall apply instead of section 8(1) of the 1965 Act (other provisions as divided

land) (as applied by section 125 of the 2008 Act) where—

(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in

respect of land forming only part of a house, building or manufactory or of land consisting of

a house with a park or garden (“the land subject to the notice to treat”); and

(b) a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the

notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to

the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to

the counter-notice”).

(3) If no such counter-notice is served within that period, the owner shall be required to sell the land

subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner shall be

required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the

land subject to the counter-notice, be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be

taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without

material detriment to the remainder of the land subject to the counter-notice and without

seriously affecting the amenity and convenience of the house,

the owner shall be required to sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat

can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(24) 1981 c.67. Sub-paragraph (5) of paragraph 1 of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c.21) and paragraph 8 of Part 3 of Schedule 2 was amended by section 46 of the Criminal Justice Act 1982 (c.48). There are other amendments to the 1981 Act which are not relevant to this Order.


Numbering

43

(b) where the land subject to the notice to treat consists of a house with a park or garden, without

material detriment to the remainder of the land subject to the counter-notice and without

seriously affecting the amenity and convenience of the house,

the notice to treat shall be deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the

remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is

confined in addition to the land already subject to the notice, whether or not the additional land is land

which the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines

that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the

remainder of the land subject to the counter-notice or, as the case may be, without material

detriment to the remainder of the land subject to the counter-notice and without seriously

affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice

whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily

under this Order.

(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed

to be a notice to treat for less land or more land than that specified in the notice, the undertaker may,

within the period of 6 weeks beginning with the day on which the determination is made, withdraw the

notice to treat; and, in that event, shall pay the owner compensation for any loss or expense occasioned

to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the

tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or

manufactory or of land consisting of a house with a park or garden, the undertaker shall pay the owner

compensation for any loss sustained by the owner due to the severance of that part in addition to the

value of the interest acquired.

Statutory undertakers

45.—(gg) The undertaker may—

(a) (further to the power in article 27) acquire compulsorily the land belonging to statutory

undertakers shown on the land plan within the limits of the land to be acquired and described

in the book of reference;

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers

where such apparatus is anywhere within the Order limits notwithstanding that repositioning

may be outside of the Order limits; and

(c) (further to the power in article 28) acquire compulsorily the new rights over land belonging to

statutory undertakers described in the book of reference and indicated on the land plan.

(2) Schedule 16 (provision for the protection of specified undertakers) applies to the power in article

45(1).

(3) Without prejudice to article 45(1)(b) the following provisions (4) and (5) shall apply in relation to

apparatus of statutory undertakers not falling within article 45(1)(b).

(4) Subject to the following provisions of this paragraph, sections 271 to 274 of the 1990 Act (power

to extinguish rights of statutory undertakers, etc and power of statutory undertakers etc to remove or re-

site apparatus) shall apply in relation to land falling outside of the Order limits where it is necessary for

the purposes of the authorised project to extinguish the rights of statutory undertakers or to remove or

reposition the apparatus belonging to the statutory undertakers, and all such other provisions of that Act


44

as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions

consequential to the extinguishment of any rights under sections 271 and 272, and sections 279(2) to

(4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

(5) In the provisions of the 1990 Act as applied by paragraph (1), references to the appropriate

Minister are references to the Secretary of State.

Apparatus and rights of statutory undertakers in stopped-up streets

46.—(hh) Where a street is stopped up under article 17 (stopping up of streets), any statutory utility

whose apparatus is under, in, on, along or across the street shall have 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.

(1) Where a street is stopped up under article 17, 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 shall—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such

other position as the 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).

(2) Subject to the following provisions of this article, the undertaker shall pay to any statutory utility

an amount equal to the cost reasonably incurred by the 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.

(3) 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

apparatus of that type or capacity or of those dimensions or the placing of apparatus at that

depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not

determined by arbitration to be necessary, then, if it involves cost in the execution of the

relocation works exceeding that which would have been involved if the apparatus placed had

been of the existing type, capacity or dimensions, or at the existing depth, as the case may be,

the amount which, apart from this paragraph, would be payable to the statutory utility by

virtue of paragraph (3) shall be reduced by the amount of that excess.

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

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not 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 shall be treated as if it also had

been agreed or had been so determined.

(5) 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)) shall, 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 utility any financial benefit by deferment of the time for

renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(6) Paragraphs (3) to (6) shall not apply where the authorised project constitutes major highway

works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but

instead—


Numbering

45

(a) the allowable costs of the relocation works shall be determined in accordance with section 85

of that Act (sharing of cost of necessary measures) and any regulations for the time being

having effect under that section; and

(b) the allowable costs shall be borne by the undertaker and the statutory utility in such

proportions as may be prescribed by any such regulations.


“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public

communications provider as defined in section 151(1) of the Communications Act 2003(25).

(9) Schedule 16 (provision for the protection of specified undertakers) applies to this article.

Recovery of costs of new connections

47.—(ii) Where any apparatus of a public utility undertaker or of a public communications provider

is removed under article 45 (statutory undertakers) any person who is the owner or occupier of

premises to which a supply was given from that apparatus shall be entitled to recover from the

undertaker compensation in respect of expenditure reasonably incurred by that person, in

consequence of the removal, for the purpose of effecting a connection between the premises and any

other apparatus from which a supply is given.

(1) Paragraph (1) shall not apply in the case of the removal of a public sewer but where such a sewer

is removed under article 45, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably

incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer

belonging to that person communicate with any other public sewer or with a private sewerage disposal

plant.

(2) This article shall not have effect in relation to apparatus to which article 46 (apparatus and rights

of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(3) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the

Communications Act 2003(26); and

“public utility undertaker” has the same meaning as in the 1980 Act.

Time limit for exercise of authority to acquire land compulsorily

48.—(jj) After the end of the period of 10 years beginning with the day on which this Order is

made—

(a) no notice to treat shall be served under Part 1 of the 1965 Act; and

(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting

Declarations) Act 1981(27) as applied by article 37 (application of the Compulsory Purchase

(Vesting Declarations) Act 1981).

(2) The authority conferred by article 38 (temporary use of land for carrying out the authorised

project) shall cease either at the end of the period referred to in paragraph (1) or, if longer, at the end of

the period as stated in article 38(3), whichever is the longer, save that nothing in this paragraph shall

prevent the undertaker remaining in possession of land after the end of that period, if the land was

entered and possession was taken before the end of that period.

(25) 2003 c.21. There are amendments to this Act which are not relevant to this Order. (26) 2003 c.21; there are amendments to section 151 that are not relevant to this Order. (27) 1981 c.66.


Numbering


46

Private rights of way

49.—(kk) Subject to the provisions of this article, all private rights of way over land subject to

compulsory acquisition under this Order shall be extinguished—

(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by

agreement; or

(b) as from the date of entry on the land by the undertaker under section 11(1) of the 1965

Act(28) (power of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights of way over land owned by the

undertaker which, being within the limits of land which may be acquired shown on the land plan, is

required for the purposes of this Order shall be extinguished on the appropriation of the land by the

undertaker for any of those purposes.

(3) Subject to the provisions of this article, all private rights of way over land of which the undertaker

takes temporary possession under this Order shall be suspended and unenforceable for as long as the

undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way


the 1961 Act.

(5) This article does not apply in relation to any right of way to which section 138 of the 2008 Act

(extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 45

(statutory undertakers) applies.

(6) Paragraphs (1) to (3) shall have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land,

(ii) the undertaker’s appropriation of it,

(iii) the undertaker’s entry onto it, or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs shall not apply to any right of way specified in the notice;

and

(b) any agreement made at any time between the undertaker and the person in or to whom the

right of way in question is vested or belongs.

(7) If any such agreement as is referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right of way is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it shall be effective in respect of the persons so deriving title, whether the title was derived before or

after the making of the agreement.

Public rights of navigation

50.—(ll) Subject to paragraphs (3) and (4), the public right of navigation shall be:

(a) temporarily suspended in relation to each area specified in column (4) of Schedule 12 (the

public rights of navigation to be affected by the authorised project) and as shown on the

access plans, for the purposes of constructing the work listed at column (3) of Schedule 12;

and

(b) permanently extinguished in relation to each area specified in column (5) of Schedule 12 and

as shown on the access plans.

(28) Section 11 is amended by section 34 of, and Schedule 4 to the Acquisition of Land Act 1981 (c.67), section 3 of, and Schedule 1 to

the Housing (Consequential Provisions) Act 1985 (c.71) and S.I. 2009/1307.


Numbering


Numbering

47

(2) The public right of navigation over parts of the River Thames within [x – DRAFTING NOTE,

DISCUSSIONS ARE ONGOING WITH THE PLA] metres of the Order limits may be temporarily

suspended with the written consent of the Port of London Authority (such consent not to be

unreasonably withheld or delayed).

(3) The undertaker shall give not less than [x – DRAFTING NOTE, DISCUSSIONS ARE

ONGOING WITH THE PLA] days’ notice to the Port of London Authority of its proposed date of the

suspension or extinguishment of the public right of navigation further to paragraph (1) or (2).

(4) Upon issue by the undertaker of a notice in accordance with paragraph (3), and upon the issue of a

notice to mariners, published by the Port of London Authority (such notice not to be unreasonably

withheld or delayed), the suspension or extinguishment of the public right of navigation further to

paragraphs (1) or (2) of this article shall take effect on the date specified in the notice to mariners.







Rights under or over streets and city walkways

51.—(mm) The undertaker may enter onto and use so much of the subsoil of, or air-space over, any

street or city walkway within the Order limits as may be required for the purposes of the authorised

project and may use the subsoil or air-space for those purposes.

(1) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in

relation to a street or city walkway without being required to acquire any part of the street or city

walkway or any easement or right in the street or city walkway.

(2) Paragraph (2) shall not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch, projection, or other construction in, on or under a street which forms

part of a building .

(3) Subject to paragraph (5), any person who is an owner or occupier of land which is entered onto

and used under paragraph (1) without the undertaker acquiring any part of that person’s interest in the

land, and who suffers loss as a result, shall be entitled to compensation to be determined, in case of

dispute, under Part 1 of the 1961 Act.

(4) Compensation shall not be payable under paragraph (4) to any person who is an undertaker to

whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of

which the allowable costs are to be borne in accordance with that section.

(5) [The undertaker shall as soon as reasonably practicable and in any case no later than [14] days

before entering the subsoil or airspace, serve notice of the use under this article, on the owner and/or

occupier of the subsoil or airspace proposed to be used, and such notice shall be accompanied by plans

showing in sufficient detail the subsoil and airspace to be used under this article and upon written

request the undertaker shall supply a copy of such notice and plans to the local authority and (if

different) the local highway authority.]

(6) [If at any time following the use pursuant to paragraph (1) the subsoil or airspace is no longer

required to be used under this article for the purposes of the authorised project:

(a) the right of the undertaker to use the subsoil or airspace given by paragraphs (1) and (2) shall

cease; and

(b) the undertaker (or if different the owner for the time being of the part of the authorised project

occupying the subsoil or airspace) shall within a reasonable time following the written request of the

owner to do so, remove its equipment from the subsoil or airspace and restore the subsoil or airspace

to the reasonable satisfaction of the owner and deliver up vacant possession of it.]




Numbering

Deleted: fronting onto the street

48





PART 4

MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

52.—(nn) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the [authorised project (save

for any development that does not ultimately form part of, or will not be functionally ancillary

to, the operational function of the authorised project)] OR [works listed in column (1) of part 1

of schedule 1 of this Order or any directly associated equipment or works], or the right to

operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction,

maintenance, use or operation of the [authorised project (save for any development that does

not ultimately form part of, or will not be functionally ancillary to, the operational function of

the authorised project)] OR [works listed in column (1) of part 1 of schedule 1 of this Order,

or any directly associated equipment or works], or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease

granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall

prejudice the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law shall apply in relation to the rights and obligations

of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the

terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with

anything done or omitted on or in relation to land which is the subject of the lease, in addition

to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the

lease of any obligation of any other party under the lease.

Deemed marine licence

53.—(oo) A marine licence shall be deemed to have been issued to the undertaker under Part 4

(marine licensing) of the Marine and Coastal Access Act 2009(29).

(1) The marine licence deemed to have been issued under this article is set out at Schedule 15

(deemed marine licence).

Miscellaneous provisions relating to the 1990 Act

54.—(pp) Development consent granted by this Order shall be treated as specific planning

permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated

as not being operational land for the purposes of that Act).

(1) In the exercise of the powers under articles 14(2) (street works) and 28 (incidental powers) the

undertaker shall be deemed to be the highway authority for the purposes of Section 55(2)(b) of the 1990

Act.

(29) 2009 c.23; there are amendments that are not relevant to this Order.




49

Safeguarding

55.—(qq) Save in respect of exempt applications before granting planning permission for

development to which this article applies, a local planning authority must consult the undertaker.

(1) This article applies to development which—

(a) prior to the authorised project being brought into use, would be wholly or partly either—

(i) in respect of the locations of proposed tunnels which will form part of the authorised

project, within the construction phase safeguarding zone and at a depth of 10 or more

metres below existing ground level; and/or

(ii) in respect of all other parts of the authorised project, within the construction phase

safeguarding zone;

(b) after the authorised project has been brought into use, would be either—

(i) wholly or partly within 6 metres of any tunnel forming part of the authorised project

(measured from the inside face of the tunnel on the horizontal and vertical axes through

the centre point of the tunnel such that the area subject to this provision is the area falling

within the square defined by those horizontal and vertical parameters); or

(ii) wholly or partly within 10 metres (measured horizontally) of the outside structural surface

of any shaft or other underground structure forming part of the authorised project but not

falling within (b)(i); or

(iii) in all other cases, is in the reasonable opinion of the relevant local planning authority,

having regard to the guidelines provided by the undertaker further to paragraph (3) below,

likely to adversely affect the authorised project or its operational integrity

(2) Paragraph 2(b) is conditional upon the undertaker providing to the relevant local planning

authority—

(a) notice of bringing the authorised project into use;

(b) ‘as built’ drawings of the tunnels and other below ground structures forming part of the

authorised project within that local planning authority’s area; and

(c) a set of guidelines agreed with the relevant local planning authority and to which the relevant

local planning authority can have regard in the discharge of its obligation under paragraph

2(b)(iii).

(3) In the event that the relevant local planning authority, in discharging its duty under paragraph

(2)(b)(iii) of this article and having had regard to the guidelines issued under paragraph 3(c), is

uncertain as to the reasonable likelihood of adverse effects on the authorised project or its operational

integrity, then the relevant local planning authority shall be under a duty to comply with paragraph (5)

as if the development for which planning permission has been applied for falls within paragraph (2)(b).

(4) Where this article requires a local planning authority to consult the undertaker before granting

planning permission—

(a) they must give the undertaker notice of the application for planning permission (unless the

applicant has served a copy of the application on the undertaker), and

(b) they may not determine the application before the end of the period of 21 days, beginning two

working days after the local planning authority has sent the notice to the undertaker by first

class post, which will be deemed to be the date on which the undertaker receives the notice or

copy of the application.

(5) But an authority may determine an application during that period if the undertaker has—

(a) made representations to the authority about the application, or

(b) notified the authority that it does not intend to make representations.

(6) In determining an application for planning permission a local planning authority must take into

account any representations received in accordance with this article.

(7) The requirement to consult under this article shall be a local land charge.



Numbering

Deleted: [

Deleted: ]

50

“construction phase safeguarding zone” means the area of land comprising the order limits and the 6

metres of land immediately adjacent to either side of the Order limits;

“exempt applications” means an application for planning permission which relates to development

that: (i) consists of an alteration to an existing building, or the change of use of an existing building

or land; and (ii) does not involve, or is not likely to involve any construction engineering or other

operations below existing ground level;[ and (iii) is demonstrated by the party applying for such

planning permission to the reasonable satisfaction of the relevant local planning authority, as not

being likely to breach the guidelines referred to at paragraph 3(c) of this article;]

“relevant local planning authority” means the planning authority in receipt of an application for

planning permission to which this article applies; and

“operation” includes the testing and commissioning of the proposal development.

Provisions for protection of specified undertakers

56.—(rr) Schedule 16 (provisions for protection of specified undertakers) to this Order has effect.

Discharge of requirements etc.

57.—(ss) Save as provided otherwise by this Order, schedule 17 (procedure for discharge of

requirements etc. and appeals) shall have effect in relation to all consents, agreements, approvals or

notices granted, refused or withheld in relation to:

(a) the requirements set out in Schedule 3 (requirements);

(b) any document referred to in any requirement set out in Schedule 3(requirements); and

(c) the functions of the local authority set out in Sections 60 and/or 61 of the Control of Pollution

Act 1974;

(d) [the licence conditions in the deemed marine licence set out in Schedule 15 (deemed marine

licence);]

(e) the protective provisions set out in Schedule 16 (provisions for the protection of specified

undertakers).

(2) Save for applications made pursuant to paragraph 1 of Schedule 17 (procedure for discharge of

requirements etc. and appeals), if, within 28 days (unless another period is provided for by this Order)

after the application or request required or contemplated by any of the provisions of the Order has been

submitted to the authority or owner, it has not notified the undertaker of its disapproval and the grounds

of disapproval, it shall (unless the parties have agreed otherwise) be deemed to have refused the

application or request and save as otherwise provided for by this order the applicant in each case may

appeal further to paragraph 4 of schedule 17.

(3) Where an application is made to or request is made of the relevant planning authority, a highway

authority, a street authority or the owner of a watercourse, sewer or drain, for any consent, agreement,

approval or notice required or contemplated by any of the provisions of the Order such consent,

agreement or approval shall, if given, be given in writing and shall not be unreasonably withheld.

Removal of consent requirements

58. Schedule 18 (removal of consent requirements) to this Order, which makes provision for the

removal of consent requirements under Section 150 of the 2008 Act in relation to the provisions of

this Order and otherwise for the purposes of this Order, shall have effect.

Application, disapplication and modification of legislative provisions

59. Part 1 of Schedule 19 (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.


Numbering


Numbering

Deleted: [

Comment [g103]: This means it is not actually exempt?

Deleted: ]

51

Amendment of local legislation

60.—(tt) [Subject to any other provisions of this Order,] the local enactments specified in Part 2 of

Schedule 19, and any byelaws or other provisions made under any of those enactments, are hereby

excluded and do not apply insofar as inconsistent with a provision of, or the exercise of a power

conferred by, this Order.

(1) The effect of paragraph (1) is to ensure, in particular, that a power conferred by this Order may be

exercised despite, and without having regard to, a provision made by or by virtue of a specified

enactment, that—

(a) requires or permits a specified road, path, passage, bridge, parapet, fence or other place or

structure to be kept open or maintained generally or in a specified manner,

(b) requires or permits the provision and maintenance of lights or other apparatus or structures

generally or in a specified manner,

(c) prohibits or restricts (or imposes conditions or penalties on or in relation to) the obstruction or

removal of, or the causing of damage to, a specified place or structure (or class of places or

structures),

(d) prohibits or restricts (or imposes conditions on or in relation to) the erection of structures, or

the undertaking of other works, in a specified place or structure (or class of places or

structures),

(e) permits or requires a specified place or structure to be closed,

(f) makes provision about the conduct of persons using a specified walkway or other place or

structure (or class of places or structures) whether by prohibiting or restricting movement (of

persons, vehicles or animals) or otherwise,

(g) specifies a minimum or maximum depth for, or otherwise restricts or imposes conditions in

relation to, the laying of pipes or the carrying out of any other works,

(h) prohibits the laying of pipes or the carrying out of any other works generally or without the

consent of a specified person,

(i) makes provision about the construction or maintenance of, or any other matter relating to,

pipes, drains or other means of connecting with sewers,

(j) prohibits or restricts interference with the banks or bed of, or traffic on, the River Thames, or

(k) in any other way would or might apply in relation to anything done, or omitted to be done, in

the exercise of a power conferred by this Order.

(2) For the purposes of paragraph (1) a provision is inconsistent with the exercise of a power

conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of a power

conferred by this Order;

(b) action taken in pursuance of a power conferred by this Order would cause the provision to

apply so as to enable a person to require the taking of remedial or other action or so as to

enable remedial or other action to be taken;

(c) action taken in pursuance of a power or duty under the provision would or might interfere

with the exercise of any work authorised by this Order.

(3) Where any person notifies the undertaker in writing that anything done or proposed to be done by

the undertaker under or by virtue of this Order would amount to a contravention of a statutory provision

of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14

days of receipt of the notice, respond in writing setting out-

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the

provision of local application,

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the

provision is excluded by this Article, and

(c) the extent of that exclusion.

Application of pipe subways legislation


Numbering

52

[56A. - (1) [Where in the course of the authorised project any part of public service works vested

in the Mayor and Commonalty and Citizens of the City of London in accordance with Part V

of the City of London (Various Powers) Act 1900 is removed, disassembled or damaged and

later reinstated, Part V of the 1900 Act (as amended) shall apply to the reinstated part of the

works as if it had been constructed by the said Mayor and Commonalty and Citizens in

accordance with that Part of that Act

(2) Where in the course of the authorised project any part of a subway belonging to the Mayor and

Commonalty and Citizens of the City of London and to which the London County Council

(Subways) Act 1893 applies is removed, disassembled or damaged and later reinstated, the

reinstated part of the subway shall vest in the said Mayor and Commonalty and Citizens and

the 1893 Act (as amended) shall apply to the reinstated part of the subway as if it had existed at

the passing of that Act.

(3) Where in the course of the authorised project any new pipe subway is constructed in the City of

London (not being a reinstatement of part of a subway removed, disassembled or damaged in

the course of the authorised project), Part V of the City of London (Various Powers) Act 1900

(as amended) shall apply to the subway as if it was public service works constructed by the

Mayor and Commonalty and Citizens of the City of London in accordance with that Part of that

Act.

(4) For the purposes of paragraph (2), “pipe subway” means any culvert, tube, receptacle or gallery

under the surface of a street with the necessary approaches thereto adapted for the proper

reception of pipes and wires placed therein; and for the purposes of this paragraph, “pipe”

means any pipe, main, valve, tube, or channel, and “wire” means any wire, conductor or cable

and any attachment thereto or any covering or protection thereof.

(5) Part V of the City of London (Various Powers) Act 1900 or (as the case may be) the London

County Council (Subways) Act 1893 shall not cease to apply to any public service works or (as

the case may be) subway to which either Act applies prior to the commencement of the

authorised project, and shall not fail to apply to any reinstatement or replacement thereof in the

course of the authorised project, by virtue of the fact that land counted as a “street” for the

purpose of either Act ceases so to be counted as a result of the exercise of a power conferred by

this Order.]

Certification of plans etc

61.—(uu) The undertaker shall, as soon as practicable after the making of this Order, submit to the

Secretary of State copies of—

(a) the land plans;

(b) the access plans;

(c) the works plans and sections;

(d) the approved plans;

(e) the book of reference; and

(f) [any other plans or documents referred to in this Order,]

for certification that they are true copies of the plans or documents referred to in this Order.

(2) A plan or document so certified shall be admissible in any proceedings as evidence of the contents

of the document of which it is a copy.

Meaning of Secretary of State

62. The Secretary of State shall mean the Secretary of State for Communities and Local

Government and the Secretary of State for Environment, Food and Rural Affairs, save that for the

purposes of the following articles it shall mean the Secretary of State stated (or his successor)—

(a) Article 13 (transfer of benefit) - the Secretary of State for Environment, Food and Rural

Affairs;

(b) Article 27 (human remains) - the Secretary of State for Justice;


53

(c) Article 46 (public rights of navigation) - the Secretary of State for Communities and Local

Government; and

(d) Schedule 17, paragraph 4 (appeals) - the Secretary of State for Communities and Local

Government.

Arbitration

63. Any difference under any provision of this Order (other than a difference which falls to be

determined by the tribunal) shall, unless otherwise provided for in this Order and unless otherwise

agreed between the parties, 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 matter pertaining to land and surveying of such land, the President of the Royal

Institute of Chartered Surveyors;

(b) in the case of matters pertaining to archaeology, the President of the Institute of Field

Archaeologists;

(c) in the case of matters of legal interpretation, the President of the Law Society;

(d) in the case of all other matters, the President of the Institution of Civil Engineers.

Signed by authority of the Secretary of State

[Name of Secretary of State]

[●] [●] 201[●] Department of [●]

54

SCHEDULES

55

SCHEDULE 1 Article 7

REQUIREMENTS

Interpretation

64.——(vv) Where under any of the requirements the approval or agreement of the discharging

authority or another person is required, that approval or agreement must be given in writing.

(1) Where any requirement provides that the authorised project is to be carried out in accordance with

a document or the details approved by the discharging authority, the document or approved details shall

be taken to include any amendments or revised documents or plans that may subsequently be approved

or agreed by the discharging authority, or other consent, agreement or approval of the discharging

authority.

(2) Where any requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the

discharging authority or requires the applicant to demonstrate the existence of exceptional

circumstances such approval shall not be given or exceptional circumstances agreed except in relation to

minor or immaterial changes where it has been demonstrated to the satisfaction of the discharging

authority that the subject-matter of the approval sought or the undertaker's proposed response to

exceptional circumstances is unlikely to give rise to any materially new or materially different

environmental effects from those assessed in the Environmental Statement.

(3) Subject to (2) where any requirement refers to a document or plan, that document or plan shall be

taken to be the version certified by the Secretary of State pursuant to the provisions of this Order.

(4) Where site specific requirements specify ‘commencement of development’ they refer to the

commencement of development on that site only.

(5) Where site specific requirements refer to Landscaping they refer to the zone within which required

landscaping would be located, identified on the site works parameter plans. Elsewhere, land restoration

will be undertaken in accordance with Article 34(4) of the DCO.

Project wide requirements (See seperate attachment)


Title Ref Text

Interpretation /

definitions



number 7.14;



“CoCP Part A” means the Code of Construction Practice Part A:

General Requirements (document reference number 7.19) as

amended or varied by the CoCP Part B for each site;

“CoCP Part B” means the Code of Construction Practice Part B:

Site Specific Requirements (document reference number 7.19);

“Design Principles” means the document with reference number

7.17;

“Draft Project Framework Travel Plan” means the document with

reference number 7.11;

“Heritage Statement” means the document with reference number


Numbering

56

Title Ref Text

5.3;





“relevant stakeholder” means any of the following organisations

which may be relevant in the opinion of the local planning

authority depending on the nature of any proposed amendment to

the Code of Construction Practice to be considered for approval by

the local planning authority: the Environment Agency, the local

highway authority, Transport for London, the Port of London

Authority, the Marine Management Organisation or The Historic

Buildings and Monuments Commission for England;


Time limits PW2 The authorised development must be commenced within 5 years of

the date of this Order.


development –

Project Wide

PW3 The proposed construction phasing of the authorised project setting

out the sequence of works numbered 1a, 1b, 1c, 1d, 7 and 20 shall

be sent to the local planning authorities for information, no later

than two months before the commencement of development.





Specific

PW4 No later than 2 months prior to the commencement of development

of each of the work numbered 2 to 19 and 21 to 27, the proposed

phasing of the authorised project on the site shall be submitted to the

local planning authority for information.

These details shall also include, for each part of the authorised

project, the details of the body responsible for the undertaking of

those works and the location and period of those works.

In so far as there are revisions to the construction phasing, they shall

be submitted to the local planning authority for information on a

quarterly basis.



Drive strategy PW5 The tunnelling works that form part of the authorised development

shall be driven in the directions as set out below:

Work

number

From To

1a Carnwath Road

Riverside

Acton Storm tanks

1b Kirtling Street Carnwath Road Riverside



Station

57

Title Ref Text



20 Greenwich Pumping

Station

Chambers Wharf


accordance with the Code of Construction Practice (Part A) subject

to site specific amendments or variations through the approval of a

revised Code of Construction Practice (Part B), unless otherwise

agreed by the relevant local planning authority, in consultation with


Design Principles

[under review]

PW7 [Each of the works described in Part 1 of Schedule 1 shall be carried

out in accordance with the Design Principles unless otherwise

approved by the relevant local planning authority.]

Air Management

Plan


accordance with the Air Management Plan, unless otherwise

approved by the [DRAFTING NOTE - TO BE CONFIRMED] in

consultation with the relevant local planning authorities. Prior to


monitoring for each site shall be submitted to the relevant local

planning authority for information

Monitoring of and

protective works to

listed buildings and

structures (including

from settlement)

PW9 1) Where monitoring of effects on any listed building or structure is

proposed instrumentation and monitoring equipment shall be

temporarily attached in accordance with the principles set out in

section 3.7 of the Heritage Statement unless otherwise approved by


Historic Buildings and Monuments Commission for England in

advance of the equipment being attached.

2) Prior to undertaking any intrusive protective works or mitigation

which might affect the heritage significance of any Listed buildings

or structures, either during construction or to mitigate the effects of

construction, details of these works shall be submitted to and

approved by the relevant local planning authority in consultation

with The Historic Buildings and Monuments Commission for

England.

3) The works will be done in accordance with the approved details

unless otherwise agreed by the relevant local planning authority in



Built Heritage

recording

PW10 1) Prior to demolition or removal of the built heritage assets set out

in appendix C of the Overarching Archaeological Written Scheme

of Investigation (WSI) a Site Specific Archaeological WSI (which

shall accord with the Overarching Archaeological WSI) setting out

how the asset shall be recorded shall be submitted to and approved

by the relevant local planning authority in consultation with The

58

Title Ref Text



accordance with the approved details unless otherwise agreed by the

relevant local planning authority in consultation with The Historic


Signage for

temporary footpath

diversion

PW11 1) Prior to implementing any temporary diversion of a public right

of way a scheme for temporary signage at points of changes in

direction shall be submitted to and approved by the local planning

authority in consultation with the relevant highway authority. Any

approved temporary diversions must be publicised in order to give

adequate notice to pedestrians and cyclists.

2) The signs shall be erected and maintained as approved throughout

the period of construction unless otherwise agreed by the local

planning authority in consultation with the relevant highway

authority.

Interpretation

Strategy

PW12 A project wide heritage interpretation strategy shall be developed

and submitted to The Historic Buildings and Monuments

Commission for England for approval within 12 months of the start

of construction, in accordance with the OAWSI and Design

Principle HRTG.07. The Strategy will be implemented at the site

level through the landscaping details to be submitted for the

approval of the local planning authorities. The authorised

development will be carried out in accordance with the approved

strategy unless otherwise approved by the local planning authorities,

in consultation with The Historic Buildings and Monuments


Excavated material

and waste

PW13 Excavated material and waste arising during construction of the

authorised development shall be managed in accordance with the

Excavated Material and Waste Commitments (document ref.

XXXX), unless otherwise agreed with the Environment Agency.

Groundwater and

dewatering

monitoring and

management

PW14 Groundwater and dewatering monitoring and management shall be

carried out in accordance with the Groundwater Environmental

Management – Dewatering and Monitoring Strategy (document ref.

XXXX), unless otherwise approved by the Environment Agency.




baseline noise design rating levels for plant and machinery are [5dB

(A)] below the typical background noise level , as defined in BS

4142:1997, at the nearest residential receptor over the operational

period of the Plant.

2) The works shall be carried out in accordance with the approved

details, unless otherwise approved by the local planning authority

59



66. The table below sets out the specific requirements for the Blackfriars Bridge Foreshore site. For

the purposes of these requirements "the local planning authority" shall include the London Borough

of Southwark—

Title Ref Text

CoCP Part B BLABF1 The construction works at this site shall be carried out in





Location of permanent works BLABF2 (1) The alignment of the new river wall to be provided as

part of Work No. 17b(iv) shall be submitted and


with the Port of London Authority, Environment Agency

and The Historic Buildings and Monuments Commission

for England.

(2) The maximum projection into the river of the new

river wall to be provided as part of Work No. 17b (iv)

shall not extend more than 1.2 metres into the navigable

channel as marked on [ref to existing PLA chart

including version and date].

Location of permanent works

(moorings & piers)

BLABF3 The replacement mooring and Blackfriars Millennium

Pier shall be constructed in the locations shown on the

Proposed site features plan (Drawing No. DCO-PP-17X-

BLABF-190017 and DCO-PP-17X-BLABF-190019)

unless otherwise approved by the local planning

authority in consultation with the Historic Buildings and

Monuments Commission for England, Port of London

Authority and the Environment Agency.

Detailed design approval

River wall and Terraces

BLABF4 1) Before the commencement of development of the new

river wall and terraces the detailed design (including

external appearance and samples of materials) which

shall accord with the Design principles for this site; the

Site works parameter plan ;Proposed Landscape Plans

(Drawing No. DCO-PP-17X-BLABF-190020 and DCO-

PP-17X-BLABF-190021); Typical river wall design

intent (Drawing No. DCO-PP-17X-BLABF-190037 and

DCO-PP-17X-BLABF-190038); and Listed structure

interface – river wall (Drawing No. DCO-PP-17X-

BLABF-190040) shall be submitted to and approved by

the local planning authority in consultation with The

Historic Buildings and Monuments Commission for

England.




with The Historic Buildings and Monuments


60

Title Ref Text


permanent above ground

structures

BLABF5 1) Prior to the commencement of construction of any

permanent above ground structure, the design (including

size, external appearance and materials) which shall

accord with the design principles for this site and the

Site Works Parameter Plan, the Kiosk and undercroft

design intent plans (Drawing Nos. DCO-PP-17X-

BLABF-190035) and the Proposed Listed Structure

Interface – bridge stairs plans (Drawing Nos. DCO-PP-

17X-BLABF-190042 and DCO-PP-17X-BLABF-

1900044) shall be submitted to and approved by the

local planning authority in consultation with The

Historic Buildings and Monuments Commission for

England.

2) The proposed amenity buildings and undercroft area

(for commercial use) as shown on the Proposed

Landscape Plans (Drawing Nos. DCO-PP-17X-BLABF-

190020 and DCO-PP-17X-BLABF-190021) may not be

brought into use until planning permission has been

granted for their use by the local planning authority, and

details of refuse storage and servicing have been

approved.







signature ventilation columns

BLABF6 1) Prior to the commencement of construction of the


dimensions, external appearance and materials which

shall accord with the Ventilation column type C

(Drawing No. DCO-PP-900-ZZZZZ-290003) shall be





metres in height






Demolition of existing

Blackfriars Millennium Pier

BLABF7 The replacement for the Blackfriars Millennium Pier

shall be provided prior to the existing Blackfriars

Millennium Pier being taken out of service unless

otherwise agreed with Transport for London.

Thames Path

(temporary diversion)

BLABF8 The temporary diversion of the Thames Path shall be as

shown on the Access plan unless otherwise agreed with

the local planning authority

The route of the temporary diversion shall be in place

61

Title Ref Text

prior to the closure of the existing route.

Thames Path

(permanent lift and stairs)

BLABF9 The Thames Path and Blackfriars Bridge Stairs shall not

be stopped up until the new lift and replacement stairs

are operational and available for use by the public unless

otherwise agreed with the local planning authority.

Detailed design approval of

permanent river structures

(moorings & piers)

BLABF10 1) Before the commencement of construction of the new

mooring (i.e. Chrysanthemum Pier) and Blackfriars

Millennium Pier the detailed design (including external

appearance and materials) which shall accord with the

design principles for this site and the Site Works

Parameter Plan shall be submitted to and approved by

the local planning authority.

2) Blackfriars Millennium pier shall be used for the

embarkation and disembarkation of passengers only. It

shall not be used for servicing, maintaining or repairing

vessels on the river, save in the case of emergency




Details of works to Listed

Buildings

BLABF11 1) Before commencement of the works to the listed

embankment wall and Blackfriars Bridge the details of

those works in accordance with the design principles for

this site and the maximum temporary and permanent

extent of loss of listed buildings/structures (Drawing No.

DCO-PP-17X-BLABF-190022, DCO-PP-17X-BLABF-

190023); As existing listed structure interface – Bridge

stairs (west) (Drawing Nos. DCO-PP-17X-BLABF-

190041 and DCO-PP-17X-BLABF-190042); and As

existing listed structure interface – bridge stairs (east)

(Drawing Nos. DCO-PP-17X-BLABF-1900043 and

DCO-PP-17X-BLABF-1900044) shall be submitted to

and approved by the local planning authority in

consultation with The Historic Buildings and

Monuments Commission for England:

2) The details provided shall include the following:

i. Detailed drawings of a scale between 1:5 and

1:50 showing all fixings to the listed

embankment wall and Blackfriars Bridge

ii. Detailed elevations of a scale between 1:50

and 1:100

iii. Method Statement including engineer’s

drawings

iv. Samples of Materials.






62

Title Ref Text

Protective works to Listed

Buildings

BLABF12 1) Before commencement of the works to the listed

embankment wall and Blackfriars Bridge details of the

following shall (which shall include a method statement)

be submitted to and approved by the local planning


Monuments Commission for England:

i. works to protect the listed fabric during

demolition and construction (including

materials); and

ii. works to remove, store, refurbish and reinstate

listed benches, lion head mooring rings,

sturgeon lamp standards and any York stone

paving and any stone removed from the listed

embankment wall.

2) Materials of heritage significance in (ii) above shall

be re-used in accordance with the principles set out in

section 3.6 of the Heritage Statement.






Restoration works to Listed

Buildings

BLABF13 1) Before commencement of the works to listed

embankment wall or Blackfriars Bridge details of works

to restore the listed fabric including materials shall be









Landscaping

BLABF14 1) Before commencing construction of the permanent

above ground structures, details of the permanent

landscaping for this site shall be submitted to and



Commission for England, and TfL with respect to street

trees. Such details shall be in accordance with the

Proposed Site Features Plan (Drawing No. DCO-PP-

17X-BLABF-190018) and the Proposed Landscape

Plans(Drawing Nos. DCO-PP-17X-BLABF-190020 and

DCO-PP-17X-BLABF-190021) and the design

principles for this site.

2) The landscaping details in paragraph 1 above must,

unless otherwise agreed by the local planning authority,

include details of all proposed hard and soft landscaping

works, including:

a) location, number, species, size and planting

density of any proposed planting;

b) monitoring and maintenance;

63

Title Ref Text


d) hard surfacing materials;

e) position, widths, levels and finishes of the city

walkway.

f) minor structures such as furniture, refuse or

other storage units, signs and lighting;

g) retained historic landscape features and

proposals for restoration where relevant;

h) implementation timetables for all landscaping

works;

i) details of fencing/enclosures including

emergency access gate between Paul’s Walk

and Blackfriars Underpass / White Lion Hill;

j) details of any existing trees to be retained; and

k) proposed and existing functional services

above and below ground including drainage,

power and communications cables and

pipelines, manholes and supports





Commission for England, and TfL with respect to street

trees.

Replacement trees

4) If within a period of [five years] from the date of the

planting of any tree that tree, or any tree planted in

replacement for it is uprooted or destroyed or dies,

another tree of the same species and size as that

originally planted shall be planted at the same place,

unless the local planning authority gives its written

consent to any variation in consultation with TfL with

respect to street trees.

Temporary Works

Platform

BLABF15 1) The maximum extent of the temporary works

platform to be provided shall not extend beyond the

alignment shown on the Site Works Parameter Plan.

2) Should the alignment be less than the maximum

extent shown on the Site Works Parameter Plan the

details of the proposed structure(s) (including additional

lengths of cofferdam, temporary decking areas and

pontoons) are submitted to and approved in writing by

the Port of London Authority in consultation with

Environment Agency] prior to prior to commencing

construction of the temporary works platform.

Works in the river BLABF16 (1) Works in the river shall not commence until a

detailed Method Statement and Navigational Risk

64

Title Ref Text

Assessment has been submitted to and approved by the

Port of London Authority.

(2) The works shall be undertaken in accordance with

the approved details unless otherwise approved by the

Port of London Authority.

Contaminated land BLABF17 Site specific remediation strategy


authority in consultation with the Environment Agency

no works shall be undertaken at this site (save for

demolition of existing buildings, works in the highway


monitoring equipment) until the following has been







uses








off site.





undertaken.



works set out in the remediation strategy are complete

and identifying any requirements for long-term


arrangements for contingency action.






Agency.

Verification report







65

Title Ref Text









should be implemented as approved unless otherwise











by the relevant local planning authority, in consultation

with the Environment Agency. The remediation works




Archaeological works BLABF18 1) Prior to undertaking any excavation a Site Specific


(which shall accord with the Overarching

Archaeological WSI) shall be submitted to and approved






Management Plan

BLABF19 1) Work no.17a shall not commence until a traffic








Travel Plan BLABF20 1) Work no.17a shall not commence until a site-specific





2) The approved travel plan(s) shall be implemented

from the commencement of development of work no.17a


66

Title Ref Text



Specification of accesses

(operational and

construction)

BLABF21 1) Before alterations are made to any existing access or





their use.



highway authority.

Highway Works BLABF22 1) No authorised development consisting of the

construction or alteration of Blackfriars ramp or the

construction or alteration of any highway structures

which form part of Blackfriars ramp shall commence

until details of the design of these works or any

associated highway structures have been submitted to

and approved by the local highway authority.

2) The details required under paragraph 1 shall include

details of any permanent works for a new or altered

surface and foul water drainage system for Blackfriars

ramp and any permanent works for a new or modified

highway lighting scheme for Blackfriars ramp.

3) The construction or alteration of Blackfriars ramp or

the construction or alteration of any highway structures

which form part of Blackfriars ramp will be carried out


approved in writing by the local highway authority.

Surface water drainage

BLABF23 1) Prior to the commencement of the permanent above

ground structures or landscaping written details of the

surface water drainage system for this site (including

means of pollution control, an assessment of the

hydrological and hydrogeological context and written

details including how the scheme shall be maintained

and managed after completion) in accordance with the

Design principles for this site shall be submitted to and



2) The surface water drainage system must be

constructed in accordance with the submitted details


authority in consultation with the Environment Agency,

and completed prior to use of the site.

Lighting – operational phase BLABF24 1) Prior to the commencement of the use of the Tunnel

details of the operational lighting in accordance with the

Design principles for this site shall be submitted to and


67

Title Ref Text

with the Historic Buildings and Monuments Commission

for England.



planning authority in consultation with the Historic


Pipe Subway BLABF25 1) Any part of an existing pipe subway removed,

disassembled or damaged in the course of the authorised

project shall be reinstated in accordance with details


authority.

2) Where any pipe or wire located in an existing pipe

subway is diverted during the construction of the works

at this site it shall be reinstated in the pipe subway on

completion of the works unless otherwise agreed with

the local planning authority.

3) For the purposes of this requirement BLABF25:

“pipe” and “wire” bear the same meaning as in

paragraph (4) of Article [56A] (Application of pipe

subways legislation) of this order;

“existing pipe subway” means any subway belonging to

the Mayor and Commonalty and Citizens of the City of

London to which the 1893 Act applies or any public

service works vested in the said Mayor and Commonalty

and Citizens in accordance with Part V of the City of

London (Various Powers) Act 1900.

Section 106 Agreement BLABF26 No authorised development shall be commenced on this


Blackfriars Bridge Foreshore Section 106


Shad Thames Pumping Station[ to follow]

67. The table below sets out the specific requirements for the Shad Thames Pumping Station site—

Title Ref Text

CoCP Part B SHTPS 1 The construction works at this site shall be carried out in



approved by local planning authority in consultation


Detailed design

approval for

permanent above

ground structures

SHTPS 2 (1) 1) Prior to the commencement of construction of

the electrical switchgear and facilities building and

alterations to the Maguire Street elevation of the existing

pumping station building, details of the design including

external appearance and materials which shall accord

with the Design Principles, the Site Works Parameter

Plan , the proposed roof plan (Drawing No. DCO-PP-

68

Title Ref Text

18X-SHTPS-200007), the indicative proposed elevations

(Drawing NosDCO-PP-18X-SHTPS-200010, DCO-PP-

18X-SHTPS-200011 and DCO-PP-18X-SHTPS-200013

– Rev 1), and the indicative proposed Layout plans

(Drawing Nos. DCO-PP-18X-SHTPS-20008 and DCO-

PP-18X-SHTPS-20009) shall be submitted to and


(2) 2) The authorised development shall be carried out



Contaminated land SHTPS 3 Site specific remediation strategy













uses








off site.





undertaken.












Agency.

69

Title Ref Text

Verification report































Archaeological

works

SHTPS 4 1) Prior to undertaking any excavation a Site Specific




planning authority.




Transport


Management Plan

SHTPS 5 1) Work no.18 shall not commence until a traffic








70

Title Ref Text

Travel Plan SHTPS 6 1) Work no. 18 shall not commence until a site-specific






from the commencement of development of work no. 18




Specification of


and construction)

SHTPS 7 1) Before alterations are made to any existing access or





their use.



highway authority.

Section 106

Agreement

SHTPS 8 No authorised development shall be commenced on this


Shad Thames Pumping Station Section 106


Chambers Wharf (pl. see separate attachment)

68. The table below sets out the specific requirements for the Chambers Wharf site—

Title Ref Text






Detailed design

approval for

permanent above

ground structures


electrical and control kiosk, details of the design,

including size, external appearance and materials, which

shall accord with the Design Principles and the Site Works






Detailed design

approval for signature

ventilation columns



dimensions, external appearance and materials which shall



71

Title Ref Text



metres in height




Detailed design

approval River wall










Temporary Works

Platform

CHAWF5 1) The maximum extent of the temporary works platform

to be provided within the foreshore shall not extend

beyond the alignment shown on the Site Works Parameter

Plan.

2) Should the alignment be less than the maximum extent

shown on the Site Works Parameter Plan the details of the

proposed structure(s) (including additional lengths of

cofferdam, temporary decking areas and pontoons) shall

be submitted to and approved by the Port of London

Authority in consultation with the Environment Agency

prior to prior to commencing construction of the

temporary works platform.

Works in the river CHAWF6 1) Works in the river shall not commence until a detailed

Method Statement and Navigational Risk Assessment has


Authority.


approved details unless otherwise approved by the Port of

London Authority.



in consultation with the Environment Agency no works


existing buildings, works in the highway including site


equipment) until the following has been submitted to and







72

Title Ref Text








off site.





undertaken.






contingency action.






Agency.

Verification report



approved remediation strategy and the effectiveness of the

remediation shall be submitted to and approved by the


Environment Agency. The report should include results of


the approved verification plan to demonstrate that the site

remediation criteria have been met. It should also include

a long-term monitoring and maintenance plan for long-

term monitoring of pollutant linkages, maintenance and

arrangements for contingency action, as identified in the

verification plan.




Environment Agency.







73

Title Ref Text








Tunnel Land Quality

Assessment


1. No tunnelling works from this site shall be undertaken

until the following has been submitted to and approved by














off site.





undertaken.






contingency action.








Tunnel verification report



out in the approved remediation strategy and the

effectiveness of the remediation shall be submitted to and

approved by the Environment Agency. The report should



74

Title Ref Text

demonstrate that the site remediation criteria have been

met. It should also include a long-term monitoring and







Tunnel unexpected contamination

5. If in undertaking the tunnelling works, contamination

not previously identified is found to be present, a revised




remediation strategy unless otherwise approved in by the

Environment Agency.

Archaeology CHAWF9 1) Prior to undertaking any excavation a Site Specific



WSI) shall be submitted and approved by the local





carried out by a suitably qualified person or body.


Management Plan








for London.

Travel Plan CHAWF11 1) Work no. 19a shall not commence until a site-specific






the commencement of development of work no. 19a and

shall continue to be in place for the duration of the



75

Title Ref Text

Specification of


and construction)






their use.



highway authority.


does not proceed within 3 months after completion of the

authorised works at this site a site restoration scheme



authority.



e) proposed finished ground levels;

f) Temporary fences or other means of enclosure.



planning authority.

Section 106

Agreement



Chambers Wharf Section 106 Agreement/Undertaking [to


Earl Pumping Station [to follow]

69. The table below sets out the specific requirements for the Earl Pumping Station site. For the

purposes of these requirements "the local planning authority" shall include the London Borough of

Southwark —

Title Ref Text

CoCP Part B EARPS1 The construction works at this site shall be carried out in





Detailed design

approval for

permanent above

ground structures

EARPS2 1) Prior to the commencement of the cladding of the

permanent above ground shaft structure and permanent

above ground structures for interception chamber and

ventilation structures the detailed design (including size,


with the Design Principles for this site and the Site

Works Parameter Plan shall be submitted to and





76

Title Ref Text

Contaminated land EARPS3 Site specific remediation strategy













uses








off site.





undertaken.












Agency.

Verification report











77

Title Ref Text





















Archaeology EARPS4 1) Prior to undertaking any excavation a Site Specific









Landscaping

EARPS5 1) Before commencing construction of the permanent

above ground structures, details of the landscaping for

this site shall be submitted to and approved by the local


Buildings and Monuments Commission for England

where appropriate. Such details shall be in accordance

with the indicative features on Landscape Plan (Drawing

No. DCO-PP-21X-EARPS-220008) and the design

principles for this site.

2) The landscaping details in paragraph (1) above must,

unless otherwise agreed by the local planning authority,

include details of all proposed hard and soft landscaping

works, including:

a) location, number, species, size and planting

density of any proposed planting;

b) monitoring and maintenance;


78

Title Ref Text

d) hard surfacing materials;

e) minor structures such as lighting; and

f) details of fencing/enclosures, including the

hoarding around the future development site





Management Plan

EARPS6 1) Work no.21a shall not commence until a traffic








Travel Plan EARPS7 1) Work no. 21a shall not commence until a site-specific






from the commencement of development of work no.

21a and shall continue to be in place for the duration of

the construction works, unless otherwise approved by the


Specification of


and construction)

EARPS8 1) Before alterations are made to any existing access or





their use.



highway authority.

Surface water

drainage

EARPS9 1) Prior to the commencement of construction of the

permanent above ground structures written details of the

surface water drainage system (including means of

pollution control, an assessment of the hydrological and

hydrogeological context and written details including

how the scheme shall be maintained and managed after

completion) in accordance with the Design Principles for

this site shall be submitted to and approved by the local


Agency.

2) The surface water drainage system must be

constructed in accordance with the submitted details

79

Title Ref Text


authority in consultation with the Environment Agency,

and completed prior to use of the site.

Removal and

reinstatement of

marker stone

EARPS10 The marker stone ‘SPD 1897: SQMR 1871’ located in

the vehicular crossover serving Nos. 64-72 Croft Street

shall be recorded, removed, stored in a safe and secure

place and reinstated in the same location as part of the

highway restoration works on completion of the

authorised works.

Street Trees EARPS11 1) Work No 21a shall not commence until a scheme

setting out measures for the protection of existing trees

in the public highway along Croft Street, or for

replacement tree planting if necessary, has been


authority.

2) The scheme to be approved under (1) shall be

implemented and maintained in place throughout

construction work unless otherwise agreed in writing by

the local planning authority

Section 106

Agreement

EARPS12 No authorised development shall be commenced on this


Earl Pumping Station Section 106


80


PROCEDURE FOR DISCHARGE OF REQUIREMENTS ETC. AND

APPEALS

Applications made under requirements

70.—(ww) Where an application has been made to a discharging authority for any consent,

agreement or approval required by a requirement included in this Order, the discharging authority

shall give notice to the undertaker of their decision on the application within a period of 8 weeks

beginning with—

(a) the day immediately following that on which the application is received by the authority;

(b) the day immediately following that on which further information has been supplied by the

undertaker under paragraph 2; or

(c) such longer period as may be agreed by the undertaker and the discharging authority in

writing.

(2) In determining any application under this paragraph the discharging body may either grant or

refuse consent, and where consent is refused the discharging authority must provide its reasons for the

refusal with the notice of refusal.

Further information regarding requirements

71.—(xx) In relation to any application further to a requirement, the discharging authority shall

have the right to request such further information from the undertaker as is necessary to enable it to

consider the application.

(1) In the event that the discharging authority considers such further information to be necessary and

the requirement does not specify that consultation with a statutory consultee is required, it shall, within

7 business days of receipt of the application, notify the undertaker in writing specifying the further

information required.

(2) In the event that the requirement specifies that consultation with a requirement consultee is

required, the discharging authority shall issue the consultation to the requirement consultee within 1

business day of receipt of the application, and shall notify the undertaker in writing specifying any

further information requested by the requirement consultee within 1 business day of receipt of such a

request and in any event within 15 business days of receipt of the application.

(3) In the event that the discharging authority does not give such notification within this 7 business

day period as referred to in paragraph 2(2) it shall be deemed to have sufficient information to consider

the application and shall not thereafter be entitled to request further information without the prior

agreement of the undertaker.

Fees further to requirements [DRAFTING NOTE – FURTHER TO THE WRITTEN SUBMISSIONS

AND DISCUSSIONS AT THE DCO HEARINGS, TW WISHES TO DISCUSS FURTHER THE

APPROACH TO FEES, WITH THE RELEVANT STAKEHOLDERS]

72.—(yy) Where an application is made to the discharging authority for written consent, agreement

or approval in respect of a requirement, a fee shall be paid to that authority as follows—

(a) where the application relates to a major detailed requirement, fees shall be calculated in

accordance with the following table:

Category 1 The erection of buildings:


Numbering



Comment [g104]: Provision required for pre-application

discussion

Deleted: (in respect of a major

detailed requirement) or otherwise

5 weeks (including in respect of a

minor detailed requirement)

Comment [g105]: TW

committed at the hearing to meet

agreed and reasonable costs of

discharge, as for application via

MoU. When can we expect to see

drafting on this please?

81

(i) where no floor space is to be created by the development, £170;

(ii) where the area of gross floor space to be created by the development does

not exceed 40 metres, £170;

(iii) where the area of the gross floor space to be created by the development

exceeds 40 square metres, but does not exceed 75 square metres, £335;

(iv) where the area of the gross floor space to be created by the development

exceeds 75 square metres, but does not exceed 3750 square metres, £335 for

each 75 square metres of that area;

(v) where the area of gross floor space to be created by the development

exceeds 3750 square metres, £16,565; and an additional £100 for each 75

square metres

Category 2 The carrying out of any operations not coming within Category 1, £170 for

each 0.1 hectare of the site area, subject to a maximum £1,690

(b) where an application is made for discharge of a major detailed requirement ("current

application") in respect of which an application has been made previously, the fee payable in

respect of the current application shall be £335; and

(c) where the application relates to a minor detailed requirement, £85 for each application.

(2) For the purpose of the calculation of fees pursuant to sub-paragraph 3(1)(a)—

(a) the area shall be taken as consisting of the area of land to which the application relates;

(b) where the application relates to development within Category 1, the area of gross floor space

created by the development shall be ascertained by external measurement of the floor space,

whether or not it is bounded (wholly or partly) by external walls of a building;

(c) where the application relates to development within Category 1 and the gross floor space to be

created by the development exceeds 75 square metres and is not an exact multiple of 75

square metres, the area remaining after division of the total number of square metres of gross

floorspace by the figure of 75 shall be treated as being 75 metres; and

(d) where the application relates to development within Category 2 and the site area exceeds 0.1

hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the

total number of hectares by the figure of 0.1 hectares shall be treated as being 0.1 hectares.

Appeals

73.—(zz) Save as otherwise provided in this Order, the undertaker may appeal in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval

required or permitted by:

(i) a requirement included in this Order; or

(ii) a document referred to in any requirement included in this Order (unless such consent,

agreement or approval has to be obtained by virtue of any other legal requirement); or

(iii) [a licence condition in the deemed marine licence set out in Schedule 15 (deemed marine

licence); or]

(iv) the protective provisions set out in Schedule 16 (provisions for the protection of specified

undertakers);

(v) any other provision of this Order;

or does not determine such an application within the time period set out in this Order;

or grants it subject to conditions;

(b) the discharging authority issues a notice further to sections 60 and/or 61 of the Control of

Pollution Act 1974;

(c) on receipt of a request for further information pursuant to paragraph 2 of this Schedule, the

undertaker considers that either the whole or part of the specified information requested by the

discharging authority is not necessary for consideration of the application; or


Deleted: [Any fee paid under this

Schedule shall be refunded to the

undertaker within 8 weeks of—¶

the application being rejected as

invalidly made; or¶

the discharging authority failing to

determine the application within

eight weeks (in respect of a major

detailed requirement) and 5 weeks

(in respect of a minor detailed

requirement) from the date on

which it is received,¶

unless within that period the

undertaker agrees, in writing, that

the fee shall be retained by the

discharging authority and credited

in respect of a future application.]

[DRAFTING NOTE – TW

CONSIDERING THIS

PARAGRAPH.]¶

82

(d) on receipt of any further information requested, the discharging authority notifies the

undertaker that the information provided is inadequate and requests additional information

which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process shall be as follows—

(a) the undertaker shall submit the appeal documentation to the Secretary of State and shall on the

same day provide copies of the appeal documentation to the discharging authority and any

requirement consultee;

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State shall

appoint a person to consider the appeal (“the appointed person”) and shall notify the appeal

parties of the identity of the appointed person and the address to which all correspondence for

his attention should be sent;

(c) the discharging authority and any requirement consultee (if applicable) shall submit written

representations to the appointed person in respect of the appeal within 10 business days of the

start date and shall ensure that copies of their written representations are sent to each other and

to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties shall make any counter-submissions to the appointed person within 10

business days of receipt of written representations pursuant to paragraph (c) above; and

(e) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as

soon as reasonably practicable.

(3) The appointment of the person pursuant to sub-paragraph (2)(b) may be undertaken by a person

appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to enable the

appointed person to consider the appeal he shall as soon as practicable notify the appeal parties in

writing specifying the further information required, the appeal party from whom the information is

sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) shall be provided by the party

from whom the information is sought to the appointed person and to other appeal parties by the date

specified by the appointed person. The appointed person shall notify the appeal parties of the revised

timetable for the appeal on or before that day. The revised timetable for the appeal shall require

submission of written representations to the appointed person within 10 business days of the agreed date

but shall otherwise be in accordance with the process and time limits set out in sub-paragraph (2)(c)-(e).

(6) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal, or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal

relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written

representations as have been sent within the relevant time limits and in its sole discretion such written

representations as have been sent outwith the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been

made within the relevant time limits, if it appears to him that there is sufficient material to enable a

decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal shall be final and binding on the parties, and a

court may entertain proceedings for questioning the decision only if the proceedings are brought by a

claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this Schedule, it shall be deemed to

be an approval for the purpose of Schedule 3 (requirements) of this Order as if it had been given by the

discharging authority. The discharging authority may confirm any determination given by the appointed

person in identical form in writing but a failure to give such confirmation (or a failure to give it in

identical form) shall not be taken to affect or invalidate the effect of the appointed person’s

determination.

83

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the

appointed person to be paid by the discharging authority, the reasonable costs of the appointed person

shall be met by the undertaker.

(12) On application by the discharging authority or the undertaker, the appointed person may give

directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are

to be paid. In considering whether to make any such direction and the terms on which it shall be made,

the appointed person shall have regard to Communities and Local Government Circular 03/2009 or any

circular or guidance which may from time to time replace it.

84


REMOVAL OF CONSENT REQUIREMENTS

Flood risk management consent pursuant to section 109 Water Resources Act 1991 and

associated byelaws under Schedule 25 of the Water Resources Act 1991

Consent pursuant to Ss. 109-110 Water Resources Act 1991, Land Drainage Act 1991, or

associated byelaws made further to Schedule 25 of Water Resources Act 1991

Consent under section 23 of the Land Drainage Act 1991

Land drainage consent under Water Resources Act 1991

85

SCHEDULE 4 Articles 59 and 60

MISCELLANEOUS CONTROLS

PART 1

PUBLIC GENERAL LEGISLATION

Introduction

74. This Part 1 of this Schedule applies, modifies and excludes statutory provisions which relate to

matters for which provision may be made in this Order.

[DRAFTING NOTE – AT THE DCO HEARINGS TW COMMITTED TO REVIEW THE SCOPE OF

THE EXCLUSIONS IN THIS PART – AN INITIAL REVIEW HAS OCCURRED WHICH IS

REFLECTED IN THIS DRAFT OF THE DCO, AND A MORE DETAILED REVIEW IS

CONTINUING WHICH MAY LEAD TO CHANGES TO THE ALTERATIONS BELOW – THESE

WILL BE PROVIDED AS SOON AS AVAILABLE.]

Highways Act 1980

75.—(aaa) Section 141 of the Highways Act 1980 (restriction on planting trees etc. in or near

carriageway) shall not apply to any tree or shrub planted in the course of the authorised project

[before the acceptance date].

(1) Section 167 of that Act (powers relating to retaining walls near streets) shall not apply in relation

to—

(a) the erection of a wall in the course of the authorised project [before the acceptance date], or

(b) a wall on land on which works are being carried out, or are to be carried out, in pursuance of

the authorised project [before the acceptance date].

(2) Sections 169(1), 172 and 173 of that Act (control of scaffolding on highways, hoardings to be set

up during building etc, and hoardings to be securely erected) shall not apply to anything done in the

course of the authorised project [before the acceptance date].

Building Act 1984

76. Nothing in Part 1 of the Building Act 1984 with respect to building regulations, and nothing in

any building regulations, shall apply in relation to a building used, or intended for use, by the

undertaker for the purposes of the authorised project [before the acceptance date].

New Roads and Street Works Act 1991

77.—(bbb) The powers conferred by section 56(1) and (1A) of the New Roads and Street Works

Act 1991 (powers to give directions as to the timing of proposed and subsisting street works) shall not

apply in relation to the authorised project [(save in respect of highway works (class 2))].

(1) Section 56A of that Act (power to give directions as to placing of apparatus) shall not apply in

relation to the placing of apparatus in the course of the authorised project [(save in respect of highway

works (class 2))].

(2) No restriction under section 58(1) of that Act (power to impose restriction on execution of street

works in the twelve months following completion of substantial road works) shall have effect in relation

to the authorised project [(save in respect of highway works (class 2))].


Numbering


Comment [g106]: For the avoidance f doubt, LBS position

on this schedule remains as

previously advised.

86

(3) Section 61(1) of that Act (under which the consent of the street authority is required for the

placing of apparatus in a protected street) shall not apply to the placing of apparatus in the course of the

authorised project [(save in respect of highway works (class 2))].

(4) Section 62(2) of that Act (power following designation of protected street to require removal or

repositioning of apparatus already placed in the street) shall not apply in relation to apparatus placed in

the course of the authorised project [(save in respect of highway works (class 2))].

(5) Section 62(4) of that Act (power when designation as protected street commences or ceases to

give directions with respect to works in progress) shall not apply in relation to the authorised project

[(save in respect of highway works (class 2))].

(6) Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the

settlement of a plan and section of street works to be executed in a street designated by the street

authority as having special engineering difficulties) shall not apply in relation to the authorised project

[(save in respect of highway works (class 2))].

(7) The powers conferred by section 73A(1) and 78A(1) of that Act (requirements for undertaker to

re-surface street) may not be exercised in relation to the authorised project [(save in respect of highway

works (class 2))].

(8) Sections 74 and 74A of that Act (charge for occupation of the highway and charge determined by

reference to duration of works) shall not apply in relation to the authorised project [(save in respect of

highway works (class 2))].

(9) Schedule 3A to that Act (restriction on works following substantial street works) shall not apply

where a notice under section 54 (advance notice of certain works) or 55 (notice of starting date of

works) of that Act is in respect of the authorised project [(save in respect of highway works (class 2))].

(10) No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of

works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction

applies) shall have effect to require the notification of works proposed to be carried out in the course of

the authorised project [(save in respect of highway works (class 2))].

(11) No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers

may begin to execute proposed works) may be issued to the undertaker [(save in respect of highway

works (class 2))].

(12) Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street

works before the completion of certain other street works) shall not apply in relation to the execution of

works in the course of the authorised project [(save in respect of highway works (class 2))].

(13) Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works)

shall not apply in relation to the execution of works in the course of the authorised project [(save in

respect of highway works (class 2))].

Traffic Management Act 2004

78. Sections 32 to 39 of the Traffic Management Act 2004 shall not apply in relation to the

authorised project [(save in respect of highway works (class 2))].

Water Industry Act 1991

79. Section 106(8) of the Water Industry Act 1991 (which qualifies the general right to

communicate with the public sewers of a sewerage undertaker) shall not apply in relation to the

authorised project.

Party �Wall etc. Act 1996

80.—(ccc) No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (notice before

building on line of junction with adjoining land) shall be required before the building of any wall in

the course of the authorised project [before the acceptance date].

(1) Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining owners) shall not have

effect to confer rights in relation to—


87

(a) anything used, or intended to be used, by the undertaker for the purposes of the authorised

project [before the acceptance date], or

(b) land on which there is any such thing.

(2) Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining buildings) shall not apply in

relation to a proposal to excavate, or excavate for and erect anything, in the course of the authorised

project [before the acceptance date].

[Planning (Listed Buildings and Conservation Areas) Act 1990 etc

81. The provisions of this Order authorising the construction, maintenance or use of the authorised

project shall have effect notwithstanding the provisions of—

(a) the Planning (Listed Buildings and Conservation Areas) Act 1990, and

(b) any other enactment relating to historic buildings or ancient monuments.]

[DRAFTING NOTE - TW IS CONSIDERING THIS EXCLUSION FURTHER TO STAKEHOLDER

COMMENTS AND THE DISCUSSION AT THE DCO HEARINGS.]

Local Government (Miscellaneous Provisions) Act 1976

82. Section 42 of The Local Government (Miscellaneous Provisions) Act 1976 (certain future local

Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) shall not apply

to the extent that it would make provisions of this Order authorising the authorised project subject to

other provisions.

Town and Country Planning Act 1990

83.—(ddd) No order, notice or regulation under the Town and Country Planning Act 1990 in

relation to the preservation of trees, [the state of land or any other matter] [DRAFTING NOTE - TW

IS CONSIDERING THIS DELETION FURTHER TO STAKEHOLDER COMMENTS AND THE

DISCUSSION AT THE DCO HEARINGS] shall have effect in relation to the authorised project.

(1) Sections 238 and 239 of that Act (consecrated land and burial grounds) shall apply—

(a) in relation to land, other than a right over land, acquired for the purposes of the authorised

project (whether or not by agreement), so as to permit use by the undertaker in accordance

with the provisions of this Order; and

(b) in relation to a right over land so acquired (whether or not by agreement), or the temporary

use of land pursuant to articles 34 (temporary use of land for carrying out the authorised

project) and 35 (temporary use of land for maintaining authorised project), so as to permit the

exercise of that right or the temporary use by the undertaker in accordance with the provisions

of this Order, without prejudice to the status of the land over which the right is exercised as

consecrated land.

(3) For the purposes only of Section 106 (1) of that Act the undertaker shall be deemed to be a person

interested in the Order Land or any part of it and for the avoidance of doubt Section 106(3)(a) shall

include any transferee under Article 9 of this Order.

Coast Protection Act 1949

84.—(eee) The following provisions of the Coast Protection Act 1949 shall not apply to the

authorised project.

(1) Those provisions are—

(a) section 16(1) (consent of coast protection authority required for carrying out coast protection

work), and

(b) section 18(1) (prohibition of excavation or removal of materials from seashore).



Numbering

88

Flood and Water Management Act 2010

85. Section 30 and Schedule 1 of the Flood and Water Management Act 2010 shall not apply in

relation to the authorised project.

National Parks and Access to Countryside Act 1949

86. Sections 51, 52 and 55 (general provisions as to long-distance routes, approval of proposals

relating to long-distance routes, variation of approved proposals) of the National Parks and Access to

Countryside Act 1949 shall not apply in relation to the authorised project.

Control of Pollution Act 1974

87.—(fff) Where a local authority is acting further to Section 60(4) of the Control of Pollution Act

1974 in relation to the construction of the authorised project and works before the acceptance date

then that local authority shall also have regard to the noise levels referred to in the Environmental

Statement for each construction site and the principles of the Code of Construction Practice.

(1) Sections 60(7) and 61(7) of the Control of Pollution Act 1974 shall not apply in relation to the

authorised project.

(2) Underground tunnelling works shall not be regulated by Sections 60 and 61 of the Control of

Pollution Act 1974.

Land Drainage Act 1976

88. Section 34 of the Land Drainage Act 1976 shall not apply to the authorised project.


Numbering

Deleted: [

Deleted: ]

Deleted: [

Deleted: ]

89

PART 2

LOCAL LEGISLATION

Year Chapter Short Title

1803 cxxxi Deptford Creek Bridge Act 1803

1809 cxlii Vauxhall Bridge Act 1809

1818 xxviii Waterloo Bridge and Approaches and Surrey New Roads Act 1818

1820 xlix Southward Bridge Act 1820

1825 cxviii South London Docks Act 1825

1827 xxx London Bridge Act 1827

1828 cxvi London Docks Act 1828

1836 cxxxiii Hungerford Market Foot Bridge Act 1836

1848 clxiii City of London Sewers Act 1848

1850 cxii Westminster Bridge Act 1850

1853 cvi London Docks Act 1853

1858 cxviii Victoria Station and Pimlico Railway Act 1858

1859 lxxxi Charing Cross Railway Act 1859

1860 cxlvii Hungerford Market and Charing Cross Bridge Act 1860

1861 cxvii Lambeth Bridge Act 1861

1863 lxii Blackfriars Bridge Act 1863

1863 ccxi Putney and Fulham Bridge Act 1863

1863 xlvi Queens Road Battersea Extension Act 1863

1864 ccxxxv Albert Bridge Act 1864

1864 ccxxxviii Wandsworth Bridge Act 1864

1865 cxcii Fulham Railway Act 1865

1865 ccclxv Regents Canal (Limehouse Basin) Act 1865

1867 iii Blackfriars and Southwark Bridges Act 1867

1867 cci Wandsworth Bridge Act 1867

1867 ccii Fulham Railway Act 1867

1868 cxxxv Thames Embankment (Chelsea) Act 1868

1873 xcvii Albert Bridge Act 1873

1873 c Charing Cross and Victoria Embankment Approach Act 1873

1879 cxcvii Metropolitan Management (Thames River Prevention of Floods)

Amendment Act 1879

1881 cxcii Metropolitan Bridges Act 1881

1882 lvi Metropolis Board of Works (Various Rivers) Act 1882

1885 cxcv Corporation of London (Tower Bridge) Act 1885

1900 ccxix Thames Tunnel ( Rotherhithe and Ratcliff) Act 1900

1907 clxxv London County Council (General Powers) Act 1907

1911 lxxxiv City of London (Various Powers) Act 1911 1911 cxx Corporation of London (Bridges) Act 1911

1912 xlvii Wandsworth Wimbledon and Epsom District Gas Act 1912

1920 clxxiii Port of London (Consolidation) Act 1920

1924 lxvii London County Council (Lambeth Bridge) Act 1924

1926 vii City of London (Various Powers) Act 1926 1937 xlv City of London (Various Powers) Act 1937 1954 xxvii City of London (Various Powers) Act 1954 1957 xxxv London County Council (General Powers) Act 1957

1961 xxviii City of London (Various Powers) Act 1961 1961 xliii London County Council (General Powers) Act 1961

1962 xlv London County Council (General Powers) Act 1962

Comment [g107]: LBS

currently considering

Comment [g108]: LBS

currently considers powers in these

need to be retained

Comment [g109]: LBS

currently considers powers in these require to be retained

90

Year Chapter Short Title

1963 xxxiv City of London (Various Powers) Act 1963 1965 xxxix City of London (Various Powers) Act 1965 1967 i London Bridge Act 1967

1967 xlii City of London (Various Powers) Act 1967 1968

1970

xxxii

lxxvi

Port of London Authority Act 1968 (sections 66 to 75 inclusive)

(save for maintenance dredging)

Greater London Council (General Powers) Act 1970

1972 xl Thames Barrier Flood Prevention Act 1972

1977 xv City of London (Various Powers) Act 1977 1981 Thames Region Land Drainage bylaws 1981

1987 xv City of London (Various Powers) Act 1987 2013 City of London (Various Powers) Act 2013

Comment [g110]: Repealed

by Port of London Act 1968

Comment [g111]: LBS believes this needs to be retained

91

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises Thames Water Utilities Limited (referred to in this Order as the undertaker) to

construct and operate the Thames Tideway Tunnel and associated infrastructure in London.

The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in

land and to use land for this purpose. The Order also makes provision in connection with the

maintenance of the project.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance

with article 57 of this Order (certification of plans, etc.) may be inspected free of charge during working

hours at [ ].

Code of Construction Practice Part B 92

S T A T U T O R Y I N S T R U M E N T S

201[●] No. [●]

INFRASTRUCTURE PLANNING

WASTEWATER

The [Draft] Thames Water Utilities Limited (Thames Tideway

Tunnel) Development Consent Order 201[●]

BERWIN LEIGHTON PAISNER

Adelaide House

London Bridge

London EC4R 9HA

Solicitors

[1] Formatted statsdave 1/12/2014 9:03:00 PM

Indent: Left: 2.75 cm

Page 12: [2] Formatted statsdave 1/12/2014 9:06:00 PM








Page 12: [6] Deleted statsdave 1/12/2014 9:02:00 PM

adding a ground-borne noise temporary re-housing trigger value to the Noise insulation temporary rehousing policy, and

changing the ‘10 out of 15 days’ trigger threshold to ‘3 out of 7 days’.

SYR noted that this was the period when any remaining ‘gaps’ in the assessment needed to be ‘filled’ – e.g. updated baseline. Baseline for CW01 and CW10 should be checked.

Page 12: [7] Change dcliff 1/13/2014 6:54:00 PM

Formatted Bullets and Numbering


Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +

Aligned at: 2.54 cm + Tab after: 0 cm + Indent at: 3.17 cm

Page 99: [9] Deleted dcliff 1/13/2014 7:00:00 PM



Policy document

Policy referenc

e

Policy subject Applicant’s

comment

Local planning authority’

s comment

Core Strategy Section 4 Spatial planning to

improve places

Requires development to

focus on the strengths of

places that make the

different areas of the

borough distinctive and

respect local and historic

context

The project

has been

developed

in the

knowledge

of this

section of

the local

planning

policy.

LB

Southwark

referred to

this policy

in its LIR

Core strategy Policy 11 Open spaces and TWUL



Policy document

Policy referenc

e


comment


s comment

wildlife

States that the council

will protect andimprove

habitats for a variety of

wildlife and continue to

protect important open

spaces from

inappropriate

development.

considers

this policy

is of a

general

nature and

is

addressed

within the

NPS.

Core strategy Policy 12 Design and

conservation Requires

carefully managed

design within the

Thames Policy Area to

ensure development is

sensitive to the special

qualities of the river.

Proposed designs should

also be appropriate to

the site’s context and

historic context.

The project

has been

developed

in the

knowledge

of this local

planning

policy.

Core strategy Policy 13 High environmental

standards

Requires that high

standards and supporting

measures for reducing

air, land, water,noise and

light pollution, and

avoiding amenity and

environmentalproblems

that affect how we enjoy

the environment in

which we live andwork,

should be set.

TWUL

considers

this policy

is of a

general

nature and

is

addressed

within the

NPS.

LB

Southwark

referred to

this policy

in its LIR


Requires that the

Council to work with

Infrastructure providers

LB

Southwark

referred to

this policy



Policy document

Policy referenc

e


comment


s comment

to identify and deliver

elements of

infrastructure required to

support growth and

delivery environmental

improvements.

in its LIR.

Southwark

Unitary

development

plan


States that planning

permission for proposals

for activities that will

have a material adverse

impact on the

environment and quality

of life will be refused.

Southwark

Unitary

development

plan



permission for

development will not be

granted where it would

cause loss of amenity,

including disturbance

from noise, to present

and future occupiers in

the surrounding area or

on the application site.

Southwark

Unitary

development

plan



permission will not be

granted for development

that would lead to a

reduction in air quality

Southwark

Unitary

development

Policy

3.11 Efficient Use Of Land

States that all

developments should



Policy document

Policy referenc

e


comment


s comment

plan ensure that they

maximise the efficient

use of land, whilst:

Protecting the

amenity of

neighbouring

occupiers or

users; and

Ensuring a satisfactory standard of

accommodation and amenity for future

occupiers of the site; and

Positively responding to the local context and complying with all policies relating to

design; and

Ensuring that the proposal does not

unreasonably compromise the

development potential of, or

legitimate activities on, neighbouring

sites; and

Making adequate provision for

servicing, circulation and access to, from and through the site;

and



Policy document

Policy referenc

e


comment


s comment

Ensuring that the scale of

development is appropriate to the

availability of public transport and other

infrastructure.

Southwark Unitary

development plan

Saved Policy 3.31

Flood defences

States that planning permission will not

be granted for development sited

adjacent to the River Thames unless it is set back a suitable distance from the

river wall to allow for the

replacement/repair of flood defences, and for any future

raising to be undertaken in a sustainable and

cost-effective manner.

TWUL considers

this policy is

of a general nature and is

addressed within the NPS.

Southwark Unitary

development plan

Saved policy 3.15

Conservation of the historic environment

Requires the development to

preserve or enhance the special interest

or historic character or appearance of


The project

has been developed in the

knowledge of this

local planning policy.



Policy document

Policy referenc

e


comment


s comment


Conservation Areas to be recognised and

respected in any new development

within an area.

Southwark Unitary

development plan

Saved Policy 3.16

Conservation areas

Requires that planning permission

will be granted provided that the proposals respect the context of the

Conservation Area, having regard to the

content of Conservation Area

Appraisals and other adopted

Supplementary Planning Guidance/

Documents,

The project


knowledge of this

section of the local planning policy.

Southwark Unitary

development plan

Saved Policy 3.18

Setting of listed buildings,

conservation areas and world heritage

sites

Requires that permission will not

be granted for developments that would not preserve

or enhance the immediate or wider setting of a listed

The project


knowledge of this

local planning policy.



Policy document

Policy referenc

e


comment


s comment

building, an important view(s) of a listed building, the

setting of the Conservation Area,

the setting of a World Heritage Site or/ and important

views of/ or from a World Heritage Site.

Southwark Unitary

development plan

Saved Policy 3.19

Archaeology

Requires that planning

applications for such sitesinclude an

appropriate archaeological

assessment and evaluation of the

impact of the development.

TWUL considers

this policy is

of a general nature and is

addressed within the NPS.



Policy document

Policy reference


LPA’s commen

t

Core Strategy Section 4 Spatial planning to

improve places

Requires

development to focus

on the strengths of

places that make the

different areas of the

borough distinctive

and respect local and

The project

has been

developed in

the

knowledge

of this

section of

the local

planning



Policy document

Policy reference


LPA’s commen

t

historic context policy.

Core strategy Policy 12 Design and

conservation

Requires carefully

managed design

within the Thames

Policy Area to ensure

development is

sensitive to the

special qualities of

the river. Proposed

designs should also

be appropriate to the

site’s context and

historic context.

TWUL

considers

this policy is

of a general

nature and is

addressed

within the

NPS.


Requires that the

Council work with

Infrastructure

provider to identify

and deliver elements

of infrastructure

required to support

growth and delivery

environmental

improvements.

LB

Southwark

reference

this policy in

its LIR.

Southwark

Unitary

development

plan

Policy 3.1 Environmental

Effects


permission for

proposals for

activities that will

have a material

adverse impact on the

environment and

quality of life will be

refused.



Policy document

Policy reference


LPA’s commen

t

Southwark

Unitary

development

plan

Policy 3.2 Protection of

Amenity


permission for

development will not

be granted where it

would cause loss of

amenity, including

disturbance from

noise, to present and

future occupiers in

the surrounding area

or on the application

site.

Southwark

Unitary

development

plan



permission will not

be granted for

development that

would lead to a

reduction in air

quality

Southwark

Unitary

development

plan

Policy 3.11 Efficient Use Of

Land

States that all

developments should

ensure that they

maximise the

efficient use of land,

whilst:

Protecting the

amenity of

neighbouring

occupiers or

users; and

Ensuring a satisfactory standard of



Policy document

Policy reference


LPA’s commen

t

accommodation and amenity for future occupiers of the site; and

Positively responding to the local context and complying with all policies relating to design; and

Ensuring that the proposal does not

unreasonably compromise the

development potential of, or

legitimate activities on, neighbouring

sites; and

Making adequate provision for

servicing, circulation and access to, from and through the

site; and

Ensuring that the scale of

development is appropriate to the

availability of public transport

and other infrastructure.

Southwark Unitary

development plan

Saved policy 3.15

Conservation of the historic

environment

Requires the

The project has

been developed



Policy document

Policy reference


LPA’s commen

t

development to preserve or enhance the

special interest or historic character or appearance of buildings or areas

of historical or architectural

significance. The character and appearance of Conservation Areas to be

recognised and respected in any new development

within an area.

in the knowledge

of this local

planning policy.

Southwark Unitary

development plan

Saved Policy 3.16

Conservation areas

Requires that planning

permission will be granted provided that the proposals

respect the context of the Conservation Area, having regard to the

content of Conservation

Area Appraisals and other adopted

Supplementary Planning

Guidance/ Documents,

The project has

been developed

in the knowledge

of this local

planning policy.

Southwark Unitary

Saved Policy

Listed buildings

Provision

The project has



Policy document

Policy reference


LPA’s commen

t

development plan

3.17 whereby the planning

permission for proposal which

involve an alteration or

extension to a listed building will

be permitted where the

development proposals

preserves the building and its

features of special architectural and historic interest.

been developed

in the knowledge

of this local

planning policy.

Southwark Unitary

development plan

Saved Policy 3.18

Setting of listed buildings,

conservation areas and world heritage

sites

Has regard to the immediate or

wider setting of a listed building,

the setting of the Conservation Area and the

setting of a World Heritage Site.

Planning permission

should not be granted for

developments that wouldn’t preserve or enhance the

The project has

been developed

in the knowledge

of this local

planning policy.



Policy document

Policy reference


LPA’s commen

t

above.

Tower Bridge

Conservation Area

Appraisal

Guidance New development in the area should accord with this

guidance by promoting

modern design of high quality, and to preserve and

reflect the historical

character of the area. The Council

conservation officer should be consulted prior to undertaking any alterations to the

exterior of buildings within the Conservation Area. It is likely that planning

permission and/ or Conservation Area consent to demolish will be required for most significant work.

The project has

been developed

in the knowledge

of this section of the local planning policy.

Page iii: [10] Deleted gm05 12/20/2013 4:53:00 PM

1 Introduction ...................................................................................................... 1

1.1 General .................................................................................................... 1

2 General requirements .................................................................................... 11

2.1 Environmental impact assessment ........................................................ 11

2.2 Environmental management system...................................................... 11

2.3 Construction environmental management plan...................................... 11

2.4 Enforcement .......................................................................................... 11

3 Communications and community/stakeholder liaison................................ 11

4 General site operations.................................................................................. 11

4.1 Construction process ............................................................................. 11

4.2 Working hours........................................................................................ 11

4.3 Worksite layout ...................................................................................... 11

4.4 Controls for works outside main site areas ............................................ 11

4.5 Cranes ................................................................................................... 11

4.6 Site lighting ............................................................................................ 11

4.7 River works ............................................................................................ 11

4.8 Security.................................................................................................. 11

4.9 Emergency preparedness plan .............................................................. 11

4.10 Pollution incident response .................................................................... 11

4.11 Fire prevention and control .................................................................... 11

4.12 Electromagnetic interference ................................................................. 11

4.13 Unexploded ordnance............................................................................ 11

4.14 Utility works............................................................................................ 11

4.15 Worker access ....................................................................................... 11

4.16 Clearance of site on completion of activities .......................................... 11

4.17 Considerate Constructors Scheme ........................................................ 11

5 Public access, the highway and river transport .......................................... 11

5.1 Traffic management and control ............................................................ 11

5.2 Lorry management and control .............................................................. 11

5.3 Works within the highway or on a Public Right of Way .......................... 11

5.4 Road cleanliness.................................................................................... 11

5.5 Highway and public right of way reinstatement...................................... 11

5.6 River transport and works ...................................................................... 11

5.7 References ............................................................................................ 11

6 Noise and vibration ........................................................................................ 11

6.1 General .................................................................................................. 11

6.2 Working hours........................................................................................ 11

6.3 Section 61 consent applications ............................................................ 11

6.4 Noise and vibration control measures.................................................... 11

6.5 Noise insulation and temporary re-housing............................................ 11

6.6 Noise and vibration monitoring .............................................................. 11

6.7 Suitably qualified persons ...................................................................... 11

6.8 References ............................................................................................ 11

7 Air quality........................................................................................................ 11

7.1 General .................................................................................................. 11

7.2 Vehicle and plant emissions .................................................................. 11

7.3 Dust emissions....................................................................................... 11

7.4 Dust control............................................................................................ 11

7.5 Dust and particulate monitoring ............................................................. 11

7.6 Odours ................................................................................................... 11

7.7 References ............................................................................................ 11

8 Water resources ............................................................................................. 11

8.1 General .................................................................................................. 11

8.2 Site drainage.......................................................................................... 11

8.3 Protection of watercourses .................................................................... 11

8.4 Control of pollution of surface water....................................................... 11

8.5 Control of pollution to groundwater ........................................................ 11

8.6 Management of impact on abstraction boreholes .................................. 11

8.7 Flooding ................................................................................................. 11

8.8 Dewatering............................................................................................. 11

8.9 Ground treatment................................................................................... 11

8.10 Monitoring .............................................................................................. 11

8.11 Dredging ................................................................................................ 11

8.12 References ............................................................................................ 11

9 Land quality .................................................................................................... 11

9.1 General .................................................................................................. 11

9.2 Site assessment and remedial practice ................................................. 11

9.3 Site works .............................................................................................. 11

9.4 References ............................................................................................ 11

10 Waste management and resource use ......................................................... 11

10.1 Excavated material options assessment and Excavated material and waste strategy........................................................................................ 11

10.2 Duty of care ........................................................................................... 11

10.3 Asbestos waste management ................................................................ 11

10.4 Resource use......................................................................................... 11

10.5 References ............................................................................................ 11

11 Ecology (aquatic and terrestrial)................................................................... 11

11.1 General .................................................................................................. 11

11.2 Procedures ............................................................................................ 11

11.3 Detailed provisions................................................................................. 11

11.4 Habitat and species considerations ....................................................... 11

11.5 Aquatic ecology receptors (marine mammals, fish and invertebrates)... 11

11.6 Protection of trees.................................................................................. 11

11.7 Reinstatement landscaping.................................................................... 11

11.8 References ............................................................................................ 11

12 Historic environment...................................................................................... 11

12.1 General .................................................................................................. 11

12.2 Procedures ............................................................................................ 11

12.3 Detailed provisions................................................................................. 11

12.4 References ............................................................................................ 11

13 Third-party impact and asset protection process ....................................... 11

13.1 Protection of existing infrastructure and buildings.................................. 11

13.2 Monitoring and action plans ................................................................... 11

Glossary .................................................................................................................. 11

Appendix A : Section 61 application guidance .................................................... 11

Appendix B : Construction environmental management plan template ............ 11

Page iii: [11] Formatted gm05 12/20/2013 4:53:00 PM

No underline, Font color: Auto, Check spelling and grammar














