The A46 Newark Bypass Development Consent Order 2025

SCHEDULE 2 REQUIREMENTS

Article 5 PART 1 REQUIREMENTS Interpretation 1 In this Schedule— “archaeological management plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the archaeological management plan for the purposes of this Order; “archaeological mitigation strategy” means Chapter 6 of the archaeological management plan; “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990; “design principles” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the design principles for the purposes of this Order; “DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published; “environmental masterplan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the environmental masterplan for the purposes of this Order; “First Iteration EMP” means the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage, listed in Schedule 10 (documents to be certified) and certified as the First Iteration EMP by the Secretary of State for the purposes of this Order; “flood risk assessment” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the flood risk assessment for the purposes of this Order; “Natural England” means the body of that name created by the Natural Environment and Rural Communities Act 2006 or any successor in function to it; “Second Iteration EMP” means the second iteration of the environmental management plan produced in accordance with the DMRB which is to be a refined version of, and substantially in accordance with, the First Iteration EMP including more detailed versions of the outline plans and method statements contained or listed within the First Iteration EMP or any other plans required; “Third Iteration EMP” means the third iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the operational and maintenance phase of the authorised development substantially in accordance with the First Iteration EMP and Second Iteration EMP. Time limits 2 The authorised development must not begin later than the expiration of 5 years beginning with the date on which this Order comes into force. Second Iteration EMP 3 (1) No part of the authorised development is to commence until the Second Iteration EMP for that part, substantially in accordance with the First Iteration EMP, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Natural England and the Environment Agency on matters related to their statutory functions. (2) The Second Iteration EMP for a part of the authorised development must be produced in accordance with DMRB and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the environmental statement and must include the following management plans and method statements as are applicable to the part of the authorised development to which it relates— (a) Site Waste Management Plan; (b) Materials Management Plan; (c) Soils Management Plan; (d) Arboricultural Method Statement; (e) Air Quality and Dust Management Plan; (f) Noise and Vibration Management Plan; (g) Energy and Resource Use Management Plan; (h) Biodiversity Net Gain Management and Monitoring Plan; (i) Biodiversity Net Gain Audit Report; (j) Invasive Non-Native Species Management Plan and Bio-Security Risk Assessment, including an Invasive Non-Native Species Method Statement; (k) Landscape and Ecological Management Plan; (l) Construction Communications Management Plan; (m) Pollution Prevention Management Plan; (n) Erosion and Sediment Management Plan; (o) Carbon Management Plan; (p) Emergency Response Plan for Flood Events; (q) Education, Employment and Skills Plan; (r) Inclusion Action Plan; (s) Construction Worker Travel and Accommodation Plan; (t) Badger Method Statement; (u) Piling Works Method Statement; (v) Earthworks Method Statement; (w) Topsoil Strip Method Statement; (x) Storage of Oil, Fuel and Other Potentially Hazardous Substances Method Statement; (y) Designated Refuelling and Maintenance Areas and Concrete Batching Method Statement; (z) Welfare of Staff Method Statement; and (aa) Dewatering Management Plan. (3) The authorised development must be constructed in accordance with the Second Iteration EMP. (4) In this paragraph, “REAC” means the register of environmental actions and commitments contained in the First Iteration EMP. Third Iteration EMP 4 (1) Following completion of construction of the authorised development the Third Iteration EMP must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Natural England and the Environment Agency on matters related to their statutory functions. (2) The authorised development must be operated and maintained in accordance with the Third Iteration EMP. Construction hours 5 (1) Construction work for the authorised development must only take place between 0700 hours and 1800 hours Monday to Friday, and 08:00 hours to 13:00 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in sub-paragraphs (2), (3), (4) and (5). (2) Except where they relate to the activities specified in sub-paragraphs (3) and (4), the following activities may not take place between the hours of 07:00 and 07:30— (a) starting or use of construction plant; (b) loading and unloading of construction vehicles; and (c) delivery of materials. (3) Outside the hours and days specified in sub-paragraph (1), construction work may be undertaken with the prior written consent of the relevant planning authority for activities comprising— (a) bridge installation works to the new bridge structures; (b) removal of the existing signal gantries and the installation of new gantry structures; (c) highway tie-in works and installation of temporary and permanent road markings; (d) installation of signs and streetlights adjacent to live carriageways; (e) abnormal load deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation, including the delivery of plant; or (f) construction of the Nether Lock Rail Bridge and the works over the Nottingham to Lincoln line. (4) Outside the hours and days specified in sub-paragraph (1), the undertaker may carry out activities comprising— (a) traffic management measures and signal changes; (b) any emergency works or operations required for safe working; (c) security; (d) maintenance of plant and equipment that require 24-hour operation such as dewatering pumps; (e) completion of activities already begun which require continuous period of operation, such as completing concrete pouring; or (f) environmental and engineering surveys may be carried out outside of core working hours. (5) Outside the hours and days specified in sub-paragraph (1), the undertaker will consult with the relevant planning authority prior to carrying out certain operations which are season and weather dependent including but not limited to earthworks. (6) Outside the hours and days specified in sub-paragraph (1), the undertaker may with the prior written consent or deemed consent under sub-paragraph (7) of the relevant planning authority carry out activities (including but not limited to those works set out in sub-paragraph (3)) assessed in the environmental statement or activities which would not give rise to new or materially different effects from those assessed in the environmental statement which do not fall within sub-paragraph (4). (7) If the relevant planning authority which receives a request to carry out works outside the hours and days specified in sub-paragraph (1) in accordance with sub-paragraphs (3) and (6) fails to notify the undertaker of its decision within 14 days of receiving the request for consent that relevant planning authority is deemed to have granted consent. (8) Any request to which this article applies must include a statement that the provisions of sub-paragraph (7) apply to that application. Landscaping 6 (1) No part of the authorised development can come into use until a landscaping scheme for that part which sets out details of all proposed hard and soft landscaping works is submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions. (2) The landscaping scheme for each part must reflect the applicable mitigation measures set out in the First Iteration EMP and the landscaping principles set out in the environmental masterplan. (3) The authorised development must be landscaped in accordance with the approved landscaping scheme for that part. (4) A landscaping scheme prepared under sub-paragraph (1) must include details of landscaping works, including— (a) location, number, species, mix, size and planting density of any proposed planting; (b) cultivation, importing of materials and other operations to ensure plant establishment; (c) proposed finished ground levels; (d) existing trees to be retained, with measures for their protection during the construction period; and (e) implementation timetables for all landscaping works. (5) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice. (6) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State, following consultation with the relevant planning authority, gives consent to a variation. Fencing 7 Any permanent and temporary fencing and other means of enclosure that would be adjacent to the new dual carriageway forming part of the authorised development must be constructed and installed in accordance with the undertaker’s Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development. Contaminated Land and groundwater 8 (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, then no further development (unless otherwise approved in writing by the relevant authorities) shall be carried out within the identifiable perimeters of the area in which the suspected contamination is located. It must be reported as soon as reasonably practicable to the Secretary of State, the Environment Agency and relevant planning authority, and the undertaker must complete a risk assessment of the contamination in consultation with the Environment Agency and the relevant planning authority. (2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority on matters related to their functions. (3) Remediation must be carried out in accordance with the approved scheme. Archaeology and built heritage 9 (1) The additional trial trenching set out within the archaeological mitigation strategy must be carried out in accordance with the approved Written Scheme of Investigation contained in Appendix G of the Archaeological Management Plan, unless otherwise agreed with Nottinghamshire County Council. (2) If the additional trial trenching results in the need for further archaeological investigation, the archaeological mitigation strategy must be updated to include the scope of any further investigation required in the location of the additional trial trenching. This update must be submitted in writing and approved by Nottinghamshire County Council, in consultation with Historic England prior to Work No. 10, Work No. 27, Work No. 28, Work No. 29 or Work No. 30 being started in the location of the additional trial trenching. (3) The authorised development must be carried out, operated and maintained in accordance with the archaeological mitigation strategy, as updated in accordance with sub-paragraph (2) if required, and, as set out in that strategy, the undertaker must submit individual site specific written schemes of investigation for each phase of mitigation work set out within the archaeological mitigation strategy to Nottinghamshire County Council for approval. (4) Any archaeological works must be carried out by a suitably qualified and competent person or body previously notified to Nottinghamshire County Council. Protected species 10 (1) In the event that any protected or notable species which were not previously identified in the environmental statement are found at any time when carrying out the authorised development the undertaker must— (a) cease the relevant parts of the relevant works and report it immediately to the Ecological Clerk of Works; and (b) prepare a written scheme for the protection and mitigation measures of such protected or notable species when carrying out the authorised development. (2) The undertaker must implement the written scheme prepared under sub-paragraph (1)(b) immediately and any works in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented. (3) In this paragraph— “Ecological Clerk of Works” means the individual appointed as such by the undertaker, as required by the First Iteration EMP; “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017; and “protected species” means species which are subject to protection under the laws of England or which are European protected species. Traffic management 11 (1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the outline traffic management plan, has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority. (2) The authorised development must be constructed in accordance with the approved traffic management plan. (3) In this paragraph, “outline traffic management plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the outline traffic management plan by the Secretary of State for the purposes of this Order. Detailed design 12 (1) The detailed design for the authorised development must accord with— (a) the preliminary scheme design shown on the works plans, utilities works plans and the engineering drawings and sections; (b) the mitigation principles set out in the environmental masterplan; and (c) the design principles, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant local planning authority and relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. (2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding plans sections and the undertaker must make those amended details available in electronic form for inspection by members of the public. Surface and foul water drainage 13 (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures in Chapter 13, Road Drainage and the Water Environment, of the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority, the lead local flood authority and the Environment Agency on matters relating to their functions. (2) The surface and foul water drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the lead local flood authority and the Environment Agency on matters relating to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. Flood compensatory storage 14 (1) No part of the authorised development is to commence until a detailed floodplain compensation scheme for that part, that reflects the mitigation within the flood risk assessment, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency. (2) The schemes prepared under sub-paragraph (1) must provide suitable flood storage for any flood waters that would be displaced by the authorised development in the 1 in 100 year plus 39% climate change allowance fluvial flood event. (3) The schemes must be implemented as approved and subsequently maintained. Flood risk assessment 15 (1) Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment. (2) Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment but either demonstrates to the Secretary of State’s satisfaction, in consultation with the lead local flood authority and the Environment Agency— (a) that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment beyond 10mm; or (b) demonstrates that all affected landowners accept the predicted exceedance of the flood levels shown in the flood risk assessment. Noise Mitigation 16 (1) No part of the authorised development is to commence until written details of the proposed noise mitigation for the use and operation of that part of the authorised development, including noise barriers, noise bunds and low noise surfacing, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority. (2) The written details referred to in sub-paragraph (1) must— (a) reflect the mitigation measures for operation included in Chapter 11, Noise and Vibration, of the environmental statement; or (b) where these materially differ from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. (3) The noise mitigation measures referred to in sub-paragraph (1) must be retained thereafter. Pre-commencement works 17 (1) Any pre-commencement works must be carried out in accordance with the pre-commencement plan. (2) In this paragraph, “pre-commencement plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the pre-commencement plan for the purposes of this Order. Highway Lighting 18 (1) No part of the authorised development may be brought into use until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the local highway authority on matters relating to their functions. (2) The highway lighting scheme referred to in sub-paragraph (1) must encompass the specification, level of provision, energy efficiency, light spillage, intensity and brightness of the highway lighting and must— (a) reflect the relevant mitigation measures included in Chapter 7 Landscape and Visual, Chapter 8 Biodiversity and Chapter 14 Climate of the environmental statement; or (b) where it materially differs from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. (3) The highway lighting must be provided in accordance with the approved details referred to in sub-paragraph (1). (4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance. Langford Hall Estate 19 (1) The construction of the new entrance at Langford Hall Estate forming part of Work No. 110 may not commence until the Applicant has submitted to the Secretary of State for its approval in writing, following consultation with the relevant landowner of Langford Hall Estate, Newark and Sherwood District Council and Historic England, the proposed design of the new entrance. (2) The proposed design referred to in sub-paragraph (1) must accord with the landscaping principles shown on the environmental masterplan and any relevant mitigation identified in the first iteration environmental management plan. (3) The new entrance must be constructed in accordance with the approved design. Approvals and amendments to approved details 20 With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State. Offsite Barn Owl Boxes 21 (1) No part of the site clearance as part of the pre-commencement works is to begin until— (a) written details have been submitted to the Secretary of State— (i) demonstrating that the undertaker has secured the provision of the offsite barn owl boxes in accordance with the barn owl nest box specification; (ii) including in relation to the offsite barn owl boxes, a regime of management measures substantially in accordance with those contained in the barn owl nest box specification; and (b) the Secretary of State, following consultation with Natural England, has approved the matters listed in paragraph (a). (2) The undertaker must— (a) provide the offsite barn owl boxes prior to any site clearance as part of the pre-commencement works; and (b) maintain the offsite barn owl boxes, in accordance with the details approved by the Secretary of State under sub-paragraph (1)(b). (3) In this paragraph, “barn owl nest box specification” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the barn owl nest box specification for the purpose of this Order. Offsite Bat Box 22 (1) No part of the demolition of the former Mint Leaf restaurant as described in Work No. 95 is to commence until— (a) written details have been submitted to the Secretary of State— (i) demonstrating that the undertaker has secured the provision of the offsite bat box in accordance with the bat box specification; (ii) including in relation to the offsite bat box, a regime of management measures substantially in accordance with those contained in the bat box specification; and (b) the Secretary of State, following consultation with Natural England, has approved the matters listed in sub-paragraph (a). (2) The undertaker must— (a) provide the offsite bat box prior to the beginning of any demolition work to the former Mint Leaf restaurant as described in Work No. 95; and (b) maintain the offsite bat box, in accordance with the details approved by the Secretary of State under sub-paragraph (1)(b). (3) In this paragraph, “bat box specification” means the bat box specification listed in Schedule 10 (documents to be certified) certified by the Secretary of State as the bat box specification for the purposes of this Order. Agricultural Land Classification Surveys 23 Prior to any works commencing on the land shown hatched green on the agricultural land plan the undertaker must carry out agricultural land classification surveys on that land and update the Soils Management Plan accordingly based on the new data. Façade design of the split block facing of the structure at Cattle Market 24 (1) The construction of the split block facing of the reinforced soil walls that form Work Nos. 39A, 39B, 39C, 39D, 39E and 39F may not commence until the Applicant has submitted to Newark and Sherwood District Council and Nottinghamshire County Council for approval in writing the proposed design of the façade of those soil walls forming part of the structure at Cattle Market. (2) The proposed design referred to in sub-paragraph (1) must accord with the design principles and not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. (3) The façade must be constructed in accordance with the approved design. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Applications made under requirements 25 (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the 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 Secretary of State; (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 26 (further information); or (c) such longer period as may be agreed between the parties. (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period. (3) Where— (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order; (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and (c) the application is accompanied by a report from a body required to be consulted under that requirement that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, the application is taken to have been refused by the Secretary of State at the end of that period. Further information 26 (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application. (2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker. (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 25 (applications made under requirements) and in this paragraph. (4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971. Register of requirements 27 (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State. (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details. (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development. Anticipatory steps towards compliance with any requirement 28 If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force. Details of consultation 29 (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report enclosing the written responses received and setting out the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted and the undertaker’s response to that consultation. (2) Promptly after submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.