The M60/M62/M66 Simister Island Interchange Development Consent Order 2025

SCHEDULE 2 REQUIREMENTS

Article 3 PART 1 REQUIREMENTS Interpretation 1 In this Schedule— “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; “commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations and mitigation works, ecological surveys and mitigation works, investigations for the purpose of assessing ground conditions, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, treatment of any invasive species and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly; “Design Council” means the UK’s national strategic advisor for design who is a Royal Charter charity (registered charity number 279099); “first iteration EMP” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the first iteration environmental management plan for the purposes of this Order under article 41 (certification of plans and documents, etc.); “second iteration EMP” means the second version of the first iteration EMP which is refined in advance of construction; “third iteration EMP” means the third version of the first iteration EMP, which builds upon the second iteration EMP and is refined at the end of the construction stage to support future management and operation; “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by the strategic highway authorities for England, Scotland, Wales and Northern Ireland, or any equivalent replacement published for that document; and “REAC” means the register of environmental actions and commitments set out in section 3 of the first iteration EMP. Time limits 2 The authorised development must not commence 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— (a) the preliminary scheme design shown on the general arrangement plans, works plans and the engineering section drawings; (b) the design principles set out in the design principles report; and (c) the report mentioned in sub-paragraph (3), unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the general arrangement plans, works plans and the engineering section drawings showing departures from the preliminary scheme design or the design principles would not give rise to any materially new or materially different 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 general arrangement plans, works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public. (3) The report mentioned in sub-paragraph (1) is a report to be prepared by the undertaker of its findings following a review of the detailed design of Pike Fold Viaduct and Pike Fold Bridge, the review to be carried out in consultation with the design review panel, the relevant planning authority and the local highway authority. (4) In this paragraph— (a) “design review panel” means a panel appointed by the Design Council to conduct an independent review of certain elements of the proposed design of the authorised development; (b) “design principles report” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the design principles report for the purposes of this Order under article 41 (certification of plans and documents, etc.); and (c) “general arrangement plans” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the general arrangement plans for the purposes of this Order under article 41 (certification of plans and documents, etc.). Environmental Management Plan 4 (1) The authorised development must be carried out in accordance with the first iteration EMP. (2) No part of the authorised development is to commence until a second iteration EMP, 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 and, to the extent that it relates to a matter relevant to their function, the Environment Agency. (3) The undertaker must make the second iteration EMP and the third iteration EMP, in each case substantially in accordance with the first iteration EMP, available in an electronic form suitable for inspection by members of the public. (4) The second iteration EMP must be written in accordance with ISO 14001 and must— (a) be in accordance with the mitigation measures set out in the REAC; (b) contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development; (c) require adherence to any working hours set out in the REAC or, where no such hours are set, to working hours of 07:00 to 19:00 on Mondays to Fridays and 07:00 to 13:00 on Saturday except for— (i) installation, maintenance and removal of traffic management layouts; (ii) demolition of existing structures, construction of new structures, and any potential movements of large transporters to deliver bridge superstructures and gantry steel sections to their permanent locations; (iii) piling works for structures and retaining walls; (iv) removal, modification and installation of new signage/technology to existing gantries and traffic signs; (v) central reservation works where daytime working is not suitable due to existing carriageway widths or proximity to existing slip merges or diverges; (vi) works on slip roads and designated free flow links where carriageway widths are unsuitable for daytime works; (vii) online works within the verges which cannot be safely completed as daytime working behind a temporary vehicle restraint barrier; (viii) cross carriageway duct crossings; (ix) installation and removal of street lighting and traffic signals; (x) resurfacing and white lining of the existing carriageway and surfacing works to tie-in the existing carriageway to the new carriageway; (xi) the use of compounds to facilitate off-peak working; (xii) emergency and planned carriageway maintenance and repair works; (xiii) maintenance of plant and equipment requiring continuous operation such as pumps; and (xiv) as otherwise agreed by the relevant planning authority in advance in writing. (d) include the following management plans— (i) Air Quality and Dust Management Plan; (ii) Noise and Vibration Management Plan; (iii) Site Waste Management Plan; (iv) General Ecology Management Plan; (v) Invasive Species Management Plan; (vi) Soil Management Plan; (vii) Materials Management Plan; (viii) Surface and Groundwater Management Plan; (ix) Construction Compound Management Plan; (x) Contaminated Land Management Plan; (xi) Energy and Resource Use Management Plan; (xii) Emergency Procedures and Record of any Environmental Incidents; (xiii) Environmental Constraints Map; (xiv) Landscape and Ecology Management Plan; (xv) Carbon Management Plan; and (xvi) Construction Lighting Plan. (5) The construction of the authorised development must be carried out in accordance with the approved second iteration EMP. (6) A third iteration EMP must be developed and completed by the end of construction, commissioning and handover stage of the authorised development, substantially in accordance with the process set out in the approved second iteration EMP. (7) The third iteration EMP must address the matters set out in the approved second iteration EMP that are relevant to the operation and maintenance of the authorised development, and must contain— (a) the environmental information needed for the future maintenance and operation of the authorised development; (b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; (c) provision for the retention of the environmental mitigation areas for the life of the authorised development; and (d) a record of the consents, commitments and permissions resulting from liaison with statutory bodies. (8) The authorised development must be operated and maintained in accordance with the third iteration EMP. (9) In this paragraph— (a) “environmental mitigation areas” means each of the environmental mitigation areas identified on the works plans comprising Work Nos. 20, 31, 32, 36, 38, 54, 55, 56, 57, 58, 59 and 60; and (b) “ISO 14001” means the international standards on designing and implementing environmental management systems published by the Internal Standards Organisation. Landscaping 5 (1) No part of the authorised development is to commence until a landscaping scheme applicable to 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 prepared under sub-paragraph (1) must be in accordance with the mitigation measures set out in the REAC and the environmental masterplan. (3) 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 in accordance with the arboricultural impact assessment; (d) proposed finished ground levels including details of changes to existing land levels, gradients for areas of permanent earthworks and cross sections to illustrate slope profiles where embankments are formed; (e) implementation timetables for all landscaping works; (f) hard landscaping and materials including colour and boundary treatment of any fences, walls and structures; and (g) the extent and form of ball stop netting adjacent to Pike Fold Golf Course. (4) The authorised development must be carried out in accordance with the landscaping scheme approved under sub-paragraph (1). (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 standards and codes of good practice, as specified in the third iteration EMP. (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 on matters related to its function, gives written consent to a variation. (7) In this paragraph— (a) “arboricultural impact assessment” means the assessment at appendix 7.5 of the environmental statement figures listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the environmental statement appendices for the purposes of this Order under article 41 (certification of plans and documents, etc.); and (b) “environmental masterplan” means the plan at figure 2.3 of the environmental statement figures listed in Schedule 10 and certified by the Secretary of State as the environmental statement figures for the purposes of this Order under article 41. Previously unidentified contaminated land and groundwater 6 (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 completed risk assessment determines that remediation of the contaminated land is necessary, work on or under the contaminated land must cease and must not recommence until a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose 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 function and the Environment Agency. (3) Remediation must be carried out in accordance with the written scheme approved under sub-paragraph (2). (4) In this paragraph, “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990. Protected species 7 (1) In the event that any protected species which were not previously identified in the environmental statement or pre-construction surveys prepared to inform the second iteration EMP are found at any time when carrying out the authorised development the undertaker must cease the relevant parts of the relevant works and report it immediately to the ECoW. (2) The relevant parts of the relevant works must not recommence until a written scheme of protection and mitigation measures (including their design and management) has been submitted to and approved in writing by the Secretary of State following consultation with Natural England. (3) The written scheme must provide for the implementation of appropriate measures to avoid harm to protected species under the supervision of the ECoW. (4) The undertaker must implement the written scheme approved under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented. (5) Within 5 business days of receiving written approval from the Secretary of State to the written scheme approved under sub-paragraph (2), the undertaker must provide to the relevant planning authority— (a) the approved written scheme of protection and mitigation measures; and (b) any responses provided by Natural England to the consultation undertaken under sub-paragraph (2). (6) In this paragraph— (a) “ECoW” means the ecological clerk of the works appointed to ensure competence and quality in ecological matters whose responsibilities are defined in the first iteration EMP; (b) “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 (c) “protected species means” species which are subject to protection under the laws of England or which are European protected species”. Surface and foul water drainage 8 (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in accordance with the mitigation measures set out in the REAC and drainage strategy report including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its function. (2) The surface and foul water drainage system must be carried out in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority. (3) The Secretary of State may only agree to amendments to the approved details under sub-paragraph (2) if the Secretary of State is satisfied that the amendments would not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement. (4) In this paragraph, “drainage strategy report” means the report at Appendix 13.7 of the environmental statement appendices listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the environmental statement appendices for the purposes of this Order under article 41 (certification of plans and documents, etc.). Archaeological remains 9 (1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest incorporating the mitigation measures set out in the environmental statement and the REAC 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 function. (2) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1). Traffic Management 10 (1) No part of the authorised development is to commence until for that part a traffic management plan, which is substantially in accordance with the outline traffic management plan for that part of the authorised development, has been submitted to and approved in writing by the Secretary of State, following consultation with the local highway authority on matters related to its function. (2) The authorised development must be carried out in accordance with the traffic management plan approved under sub-paragraph (1). (3) In this paragraph, “outline traffic management plan” means the document listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the outline traffic management plan for the purposes of this Order under article 41 (certification of plans and documents, etc.). Noise barriers 11 (1) No part of the authorised development is to commence until a scheme of noise barrier mitigation in respect of the use and operation of 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. (2) The scheme prepared under sub-paragraph (1) must incorporate the noise barriers in the locations identified in the environmental statement, having regard to its assessment of the environmental effects of the incorporation of those noise barriers, and include details of: (a) the continuation of noise barrier EB03 to the crossing of Sandgate Road; (b) the continuation of noise barrier EB04 to the crossing of Sandgate Road; (c) the continuation of noise barrier EB05 to noise barrier EB07; and (d) implementation timetables and future maintenance. (3) The noise barrier mitigation must be implemented in accordance with the scheme approved under sub-paragraph (1) and must be retained thereafter for the life of the authorised development. Footpath passing through Haweswater underpass 12 (1) No part of Work Nos. 5, 6, 7, 8, 10 and 11 is to commence until a scheme detailing improvements to the path passing through Haweswater underpass has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and any statutory undertaker whose apparatus may be impacted by any proposed improvements. (2) The scheme prepared under sub-paragraph (1) must incorporate details of improvements to the path within the Order land between Heybrook Close and Parrenthorn Road which passes through the underpass, details of any lighting, a timescale for implementation and details of future maintenance. (3) The scheme approved under sub-paragraph (1) must be implemented in accordance with the approved details prior to bringing into use Work Nos. 5, 6, 7, 8, 10 and 11 and thereafter must be retained for the life of the authorised development. Flood risk assessment 13 (1) The undertaker is required to consider the Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency in its flood risk assessment, in consultation with the Environment Agency. (2) The undertaker is required to carry out the authorised development in accordance with the flood risk assessment. Amendments to approved details 14 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 15 (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 16 (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 under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially worse 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. Consultation 16 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 15 business 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. 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 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 15 (applications made under requirements) and in this paragraph. (5) When making an application for consent under sub-paragraph (1), the undertaker must include a letter informing the Secretary of State of the period mentioned in sub-paragraph (2) and the effect of sub-paragraph (3). Register of requirements 18 (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 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.