The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026

SCHEDULE 2 REQUIREMENTS

Article 3 PART 1 REQUIREMENTS Interpretation 1 In this Schedule— “completion or completed” means the relevant parts of the authorised development are completed and fully open to traffic; “contaminated land” has the same meaning as that term is given in section 78A of the Environmental Protection Act 1990; “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; “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; “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 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; and “REAC” means the register of environmental actions and commitments contained in the First Iteration EMP. Time limits 2 The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force. Detailed design 3 (1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the engineering drawings and sections unless otherwise agreed in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and relevant highway authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design 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 engineering drawings and sections and the undertaker must make those amended details available online for inspection by members of the public. Second Iteration EMP 4 (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— (a) following consultation with the relevant planning authority; and (b) in respect of the final landscaping proposals and final mitigation measures insofar as they affect the setting of Coombe Abbey Park RPG, following consultation with Historic England. (2) The Second Iteration EMP for a part 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) Carbon Management Plan; (b) Construction Air Quality and Dust Management Plan; (c) Construction Communication Strategy; (d) Construction Noise and Vibration Management Plan; (e) Detailed Historical Building Recording Written Scheme of Investigation; (f) Invasive Non-native Species Management Plan; (g) Landscape and Ecology Management Plan; (h) Materials Management Plan; (i) Operational Unexploded Ordnance Emergency Response Plan; (j) Site Waste Management Plan; (k) Soil Handling Management Plan; (l) Water Monitoring and Management Plan; (m) Unexpected Archaeological Finds Protocol; (n) Traffic Management Plan; (o) Scheme Asbestos Management Plan; (p) Pollution Incident Control Plan; and (q) Ornithological Noise Monitoring at Coombe Pool SSSI Method Statement. (3) The authorised development must be carried out in accordance with the Second Iteration EMP. Third Iteration EMP 5 (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. (2) The authorised development must be carried out in accordance with the Third Iteration EMP. Landscaping 6 (1) No part of the authorised development is to come into use until a landscaping scheme for that part has been 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 relevant 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) The landscaping scheme prepared under sub-paragraph (1) must include details of— (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) existing trees to be retained, with measures for their protection during the construction period; (d) proposed finished ground levels; (e) implementation timetables for all landscaping works; and (f) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged. (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) In this paragraph, “environmental masterplan” means the document of that description listed in Schedule 10 (documents to be certified) certified by the Secretary of State as the environmental masterplan for the purposes of this Order. Contaminated land and groundwater 7 (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, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency. (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 must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency. (3) Remediation must be carried out in accordance with the approved scheme. Protected species 8 (1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds 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; (b) follow the advice of the Ecological Clerk of Works; and (c) implement the protected species method statement referred to in the First Iteration EMP Appendix A REAC. (2) The undertaker must implement the method statement referred to in paragraph (1)(c) immediately and construction in the relevant area 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. Surface and foul water drainage 9 (1) No part of the authorised development is to commence until for that part written details of the surface water drainage system, reflecting the relevant mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority, the lead local flood authority, Environment Agency, relevant highway authority and, insofar as it relates to the Coombe Pool SSSI, Natural England, on matters related to their functions. (2) The surface 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 by the undertaker with the relevant planning authority, the lead local flood authority and Environment Agency on matters related 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. Archaeological remains 10 (1) No part of the authorised development is to commence until a Historical Building Recording Written Scheme of Investigation has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority to the extent that it relates to matters relevant to its functions. (2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1). Traffic management 11 (1) No part of the authorised development comprising the construction, alteration or improvement of the A46 is to commence until a traffic management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant highway authority on matters related to its function. (2) The traffic management plan prepared under sub-paragraph (1) must be substantially in accordance with the Outline Traffic Management Plan and reflect the relevant mitigation measures set out in the REAC. (3) The authorised development must be constructed in accordance with the traffic management plan referred to in sub-paragraph (1). (4) 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. Fencing 12 Any permanent and temporary fencing and other means of enclosure for the authorised development, except noise barriers, must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works maintained by or on behalf of the undertaker except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development, following consultation by the undertaker with the relevant highways authority to the extent that it relates to matters relevant to its function. Flood risk assessment 13 (1) The undertaker must consider the Flood Risk and Coastal Erosion Risk Data published quarterly by the Environment Agency in its flood risk assessment, in consultation with the Environment Agency and the relevant lead local flood authority. (2) The undertaker must carry out the authorised development in accordance with the flood risk assessment. (3) In this paragraph, “flood risk assessment” means the document described as “Environmental statement Appendix 13.1” 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. Pre-commencement works 14 (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 certified by the Secretary of State as the pre-commencement plan for the purposes of this Order; and “pre-commencement works” means the works described as such in the Pre-Commencement Plan. Approvals and amendments to approved details 15 With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Applications made under requirements 16 (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, 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 17 (further information); or (c) such longer period as may be agreed between the undertaker and the Secretary of State. (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 by the undertaker under the requirement that considers it likely that the subject matter of the application would 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 17 (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. (3) In the event that the Secretary of State does not give such notification within that 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. (4) Where further information is requested under this paragraph in relation to only part 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 16 (applications made under requirements) and in this paragraph. (5) 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 18 (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in a form suitable for inspection by members of the public an online register of the documents to be certified under Schedule 10 and 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 19 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 20 (1) In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 28 days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted including copies of any representations made by a consultee about the proposed application and the undertaker’s response to those representations. (2) Promptly after submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to in 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.