SCHEDULES

Articles 3 and 36

SCHEDULE 2REQUIREMENTS

PART 1REQUIREMENTS

Interpretation

schedule 2 paragraph 1 + 1.—(1) In this Schedule—

term advanced compound areas + “advanced compound areas” means the areas shown as advanced compound areas in plate 3.1 of the Code of Construction Practice;

term ams owsi + “AMS-OWSI” means the draft Archaeological Mitigation Strategy and Outline Written Scheme of Investigation (Appendix 6.9 of the environmental statement, application document TR010032/APP/6.3)

term code of construction practice + “Code of Construction Practice” means the Code of Construction Practice including the Register of Environmental Actions and Commitments listed in Schedule 16 (documents to be certified) and certified as the code of construction practice by the Secretary of State and which is the first iteration of an environmental management plan;

term contaminated land + term commencement + term commence + “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 preliminary works and “commencement” is to be construed accordingly; “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990(1);

term the design principles document + “the design principles document” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

term emp second iteration + “EMP (Second Iteration)” means the second iteration of an environmental management plan to be submitted and approved under paragraph 4(2) of this Schedule;

term emp third iteration + “EMP (Third Iteration)” means the third iteration of an environmental management plan which is a handover environmental management plan;

term lemp + “LEMP” means a landscape and ecological management plan submitted and approved under paragraph 5(1) of this Schedule;

term the manual of contract documents for highway works + “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

term mitigation route map + “Mitigation Route Map” means a document providing an index to, description of, and access to plans and documents prepared pursuant to paragraphs 4, 5, 9. 10, 11 and 16 of this Schedule;

term outline traffic management plan for construction + “outline traffic management plan for construction” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

term preliminary works + “preliminary works” means operations consisting of—

term preliminary works emp + “preliminary works EMP” means Annex C of the Code of Construction Practice and includes the preliminary works REAC;

term preliminary works reac + “preliminary works REAC” means those measures in the REAC applying to the preliminary works as shown in Table 2.1 of Annex C of the Code of Construction Practice; and

term reac + “REAC” means the register of environmental actions and commitments contained in the Code of Construction Practice.

(2) References in this Schedule to part of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

(3) References to details or schemes approved under this Schedule are to be construed as references to details or schemes approved in relation to a specified part of the authorised development, as the case may be.

Time limits

schedule 2 paragraph 2 + 2.  The authorised development must begin no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

schedule 2 paragraph 3 + 3.—(1) The authorised development must be designed in detail and carried out in accordance with—

schedule 2 paragraph 3 1 a + (a)the design principles document;

schedule 2 paragraph 3 1 b + (b)the preliminary scheme design shown on the engineering drawings and sections; and

schedule 2 paragraph 3 1 c + (c)the general arrangement drawings,

unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and, in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to those documents 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) The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to further the purpose of conserving and enhancing areas of outstanding natural beauty in section 85 (general duty of public bodies etc.)(2) of the Countryside and Rights of Way Act 2000.

(3) 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 in electronic form for inspection by members of the public.

term general arrangement drawings + (4) In this paragraph, “general arrangement drawings” means the general arrangement document listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Construction and handover environmental management plans

schedule 2 paragraph 4 + 4.—(1) The preliminary works must be carried out in accordance with the preliminary works EMP.

(2) No part of the authorised development is to commence until an EMP (Second Iteration), substantially in accordance with the Code of Construction Practice, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authorities, relevant local highway authorities and bodies identified in Table 2.1 of the Code of Construction Practice to the extent that it relates to matters relevant to their respective functions.

(3) The EMP (Second Iteration) must be written in accordance with ISO14001, reflect the mitigation measures set out in the REAC and must include measures or plans for the management of—

schedule 2 paragraph 4 3 a + (a)site waste (substantially in accordance with the outline site waste management plan);

schedule 2 paragraph 4 3 b + (b)handling of materials (substantially in accordance with the outline materials handling plan);

schedule 2 paragraph 4 3 c + (c)noise and vibration;

schedule 2 paragraph 4 3 d + (d)air quality;

schedule 2 paragraph 4 3 e + (e)ecology;

schedule 2 paragraph 4 3 f + (f)soils;

schedule 2 paragraph 4 3 g + (g)contaminated land;

schedule 2 paragraph 4 3 h + (h)substances hazardous to health; and

schedule 2 paragraph 4 3 i + (i)pollution prevention controls.

(4) The construction of the relevant part of authorised development must be carried out in accordance with the EMP (Second Iteration) approved for that part.

(5) An EMP (Third Iteration) must be developed and completed by the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the Code of Construction Practice.

(6) The EMP (Third Iteration) must address the matters set out in the EMP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must, except where contained in a LEMP approved under paragraph 5 of this Schedule, contain—

schedule 2 paragraph 4 6 a + (a)the environmental information needed for the future maintenance and operation of the authorised development;

schedule 2 paragraph 4 6 b + (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; and

schedule 2 paragraph 4 6 c + (c)a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

(7) The authorised development must be operated and maintained in accordance with an EMP (Third Iteration).

(8) Any preliminary works EMP, EMP (Second Iteration) or EMP (Third Iteration) must be accompanied by a Mitigation Route Map which must index and describe the purpose and main components of each measure or plan within it in an accessible form and relate these to the purpose and main components of the following requirements under this Part of this Schedule—

schedule 2 paragraph 4 8 a + (a)any LEMP prepared under paragraph 5 (landscape and ecology);

schedule 2 paragraph 4 8 b + (b)any draft AMS-OWSI prepared under paragraph 9 (historic environment);

schedule 2 paragraph 4 8 c + (c)any outline traffic management plan for construction prepared under paragraph 10 (traffic management);

schedule 2 paragraph 4 8 d + (d)any construction travel plan prepared under paragraph 11 (construction travel plans);

schedule 2 paragraph 4 8 e + (e)any operational traffic impact monitoring scheme prepared under paragraph 14 (traffic monitoring); and

schedule 2 paragraph 4 8 f + (f)any Carbon and energy management plan prepared under paragraph 16 (carbon and energy management plan).

(9) In this paragraph—

term outline materials handling plan + “outline materials handling plan” means the outline materials handling plan appended to the Code of Construction Practice; and

term outline site waste management plan + “outline site waste management plan” means the outline site waste management plan appended to the Code of Construction Practice.

Landscaping and ecology

schedule 2 paragraph 5 + 5.—(1) Each part of the authorised development must be landscaped in accordance with a LEMP which sets out details of all proposed hard and soft landscaping works for that part and which has been submitted to and approved in writing by the Secretary of State prior to the opening of that part, following consultation by the undertaker with the bodies listed in Table 2.1 of the outline LEMP on matters related to their respective functions.

(2) A LEMP prepared under sub-paragraph (1) must be substantially in accordance with the outline LEMP and must—

schedule 2 paragraph 5 2 a + (a)reflect the design principles document and the mitigation measures set out in the REAC;

schedule 2 paragraph 5 2 b + (b)be based on the environmental masterplan annexed to the environmental statement; and

schedule 2 paragraph 5 2 c + (c)include details of—

schedule 2 paragraph 5 2 c i + (i)location, number, species mix, size and planting density of any proposed planting;

schedule 2 paragraph 5 2 c ii + (ii)cultivation, importing of materials and other operations to ensure plant establishment;

schedule 2 paragraph 5 2 c iii + (iii)existing trees and vegetation to be retained, with measures for their protection during the construction period;

schedule 2 paragraph 5 2 c iv + (iv)proposed finished ground levels;

schedule 2 paragraph 5 2 c v + (v)implementation timetables for landscaping works;

schedule 2 paragraph 5 2 c vi + (vi)commitments to aftercare, monitoring and maintenance activities relating to the landscaping and ecological features; and

schedule 2 paragraph 5 2 c vii + (vii)measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the LEMP that, within a period of 5 years or such period as may be specified in the LEMP after the completion of the part of the authorised development to which the relevant LEMP relates, dies, becomes seriously diseased or is seriously damaged in the construction of the authorised development.

(3) The undertaker must carry out, and maintain, each relevant part of the authorised development in accordance with the LEMP approved for that part under paragraph (1).

(4) 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.

Contaminated land and groundwater

schedule 2 paragraph 6 + 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, the relevant highway 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 on matters related to their respective functions.

(2) Where the undertaker 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, relevant highway authority and the Environment Agency on matters related to their respective functions.

(3) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

Protected species

schedule 2 paragraph 7 + 7.—(1) No part of the authorised development is to begin (except environmental surveys and monitoring) until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

schedule 2 paragraph 7 2 a + (a)a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

schedule 2 paragraph 7 2 b + (b)application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

schedule 2 paragraph 7 2 c + (c)that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England and the relevant planning authority on the scheme referred to in sub-paragraph (2) on matters related to their respective functions prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England and the relevant planning authority on matters related to their functions, and under any necessary licences.

(5) In this paragraph—

term european protected species + “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(3); and

term nationally protected species + “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(4).

Surface and foul water drainage

schedule 2 paragraph 8 + 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, reflecting the 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 Environment Agency, the lead local flood authority, the relevant planning authority and the relevant local highway authority on matters related to their respective functions.

(2) The surface and foul water drainage system must be constructed in accordance with the details approved under paragraph (1), unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority, the relevant local highway authority on matters related to their respective 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.

Historic environment

schedule 2 paragraph 9 + 9.—(1) No part of the authorised development is to commence until for that part a site-specific written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the AMS-OWSI, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notified to the relevant planning authority as soon as reasonably practicable from the date they are identified.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notification served under sub-paragraph (4).

(6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to and approved in writing by, the relevant planning authority, such approval not be unreasonably withheld or delayed.

(7) No part of any building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is to be demolished until—

schedule 2 paragraph 9 7 a + (a)that part of the authorised development has commenced; and

schedule 2 paragraph 9 7 b + (b)a historic building record relating to that building has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

term a historic building record + (8) In this paragraph, “a historic building record” means a Level 4 record as described in the Historic England publication ‘Understanding Historic Buildings: A Guide to Good recording Practice” (2016)(5) or a successor document.

Traffic management

schedule 2 paragraph 10 + 10.—(1) The preliminary works must be carried out in accordance with section 6 of the outline traffic management plan for construction.

(2) No part of the authorised development is to commence until a traffic management plan for the construction of that part which is substantially in accordance with the outline traffic management plan for construction has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the outline traffic management plan for construction on matters related to their functions.

(3) The authorised development must be carried out in accordance with the traffic management plan referred to in sub-paragraph (2).

Construction travel plans

schedule 2 paragraph 11 + 11.—(1) No part of the authorised development is to commence until a travel plan for the construction of that part which is substantially in accordance with the framework construction travel plan has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority on matters related to its function.

(2) The authorised development must be carried out in accordance with the construction travel plan referred to in sub-paragraph (1).

term framework construction travel plan + (3) In this paragraph, “framework construction travel plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Fencing

schedule 2 paragraph 12 + 12.—(1) Any permanent and temporary fencing and other means of enclosure for the highway works comprising the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works unless—

schedule 2 paragraph 12 1 a + (a)otherwise specified in the REAC; or

schedule 2 paragraph 12 1 b + (b)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—

schedule 2 paragraph 12 1 b i + (i)the relevant planning authority; and

schedule 2 paragraph 12 1 b ii + (ii)in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their respective functions.

term highway works + (2) In this paragraph, “highway works” includes the highway works comprised in Works Nos. 1A to 4B, 4D to 5W, 6A to 7Q, 7S to 9Z and excludes Works Nos. 4C, 5X, 7R, OH1 to OH8, OHT1 to OHT8, G1a to G10, TFGP1, MU1 to MU92, MUT1 to MUT32, E1 to E52, ET1, OSC1 to OSC12, FCA1 to FCA7, CA1 to CA16 and ULH01 to ULH16.

Travellers’ site in Thurrock

schedule 2 paragraph 13 + 13.—(1) The replacement of the Gammon Field travellers’ site in Thurrock (Work No. 7R) must not commence until details of its layout and design have been submitted and approved in writing by the local planning authority, such approval not to be unreasonably withheld or delayed, following consultation by the undertaker with the local planning authority and the occupiers of the existing Gammon Field travellers’ site and any dispute as to failure to approve or over conditions is to be subject to the arbitration provisions in article 64 (arbitration).

(2) The details submitted and approved under paragraph (1) must be in accordance with—

schedule 2 paragraph 13 2 a + (a)clause no. S11.12 of the design principles; and

schedule 2 paragraph 13 2 b + (b)any plans, details or schemes approved by the Secretary of State under this Schedule.

(3) Work No. 7R must be carried out in accordance with the details approved under paragraph (1).

(4) If the local planning authority which receives an application for approval under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted approval.

(5) From the date the replacement site is provided pursuant to subparagraph (1), the following conditions will apply to that site as though they were imposed under section 70(1) of the 1990 Act—

schedule 2 paragraph 13 5 a + (a)the site must be used solely as a residential Gypsy and/or Traveller caravan site and there must be no storage of scrap or other commercial vehicles, or open storage of hazardous materials, scrap materials, domestic or commercial waste or other such goods of any kind on the site;

schedule 2 paragraph 13 5 b + (b)no more than 42 caravans are to be sited on the site at any time;

schedule 2 paragraph 13 5 c + (c)the site must at all times be kept and maintained in a neat and tidy condition, and no activities must be allowed to take place which would be likely to give rise to noise, smell or other disturbances to the detriment of other occupiers of the site or other disturbance to nearby residential dwellings;

schedule 2 paragraph 13 5 d + (d)notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015(6), no structures of any description are to be erected at any time on site save for those whose details have been approved under paragraph (1);

schedule 2 paragraph 13 5 e + (e)the area of land forming each pitch, other than the hard standing area, will be used only as a garden area and not for the storage of any materials or any other purpose save for those whose details have been approved under paragraph (1);

schedule 2 paragraph 13 5 f + (f)there must be no direct vehicular or pedestrian access to the Al089 or A13 trunk road for any vehicle or person at any time; and

schedule 2 paragraph 13 5 g + (g)any access (vehicular and or pedestrian) and any physical barriers to control access to the site, including those whose details have been approved under paragraph (1), must be regularly maintained and kept in full working order.

(6) The conditions imposed under paragraph (5) are capable of being the subject of any enforcement action under Part 7 of the 1990 Act and, without limitation, article 56(3) and (4) will apply to that site.

(7) The undertaker must as soon as reasonably practicable after the provision of the replacement site in accordance with paragraph (1) exercise article 20 (compulsory acquisition of land) as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations) of this Order to directly vest in the relevant planning authority land which may be necessary for the maintenance and operation of the site provided under subparagraph (1).

(8) In this paragraph—

term caravans + “caravans” means caravans within the meaning of section 29(1)(a) of the Caravan Sites and Control of Development Act 1968(7); and

term gammon field travellers site + “Gammon Field travellers’ site” means the travellers’ site located at Long Lane, Grays, Thurrock, RM16 2QH.

Traffic monitoring

schedule 2 paragraph 14 + 14.—(1) Before the tunnel area is open for traffic, the undertaker must submit written details of an operational traffic impact monitoring scheme substantially in accordance with the wider network impacts management and monitoring plan for approval by the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

(2) The scheme under paragraph (1) must include—

schedule 2 paragraph 14 2 a + (a)details of a before and after survey to establish the baseline traffic levels and the changes in traffic;

schedule 2 paragraph 14 2 b + (b)the locations to be monitored;

schedule 2 paragraph 14 2 c + (c)the methodology to be used to collect the required data;

schedule 2 paragraph 14 2 d + (d)the periods over which operational traffic is to be monitored;

schedule 2 paragraph 14 2 e + (e)the method of assessment of traffic data; and

schedule 2 paragraph 14 2 f + (f)a programme for the provision of the collected data to the relevant local highway authorities

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker unless otherwise agreed with the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

term wider network impacts management and monitoring plan + (4) In this paragraph, “wider network impacts management and monitoring plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Interaction with Thurrock Flexible Generation Plant

schedule 2 paragraph 15 + 15.—(1) The undertaker must not carry out Work No. TFGP1 unless the Thurrock Flexible Generation Plant Development Consent Order 2022 is commenced.

(2) In this paragraph—

term commenced + “commenced” has the meaning given by article 2(1) of the Thurrock Flexible Generation Plant Development Consent Order 2022(8); and

term thurrock power ltd + “Thurrock Power Ltd” means the limited company with the company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP.

Carbon and energy management plan

schedule 2 paragraph 16 + 16.—(1) No part of the authorised development is to commence until a CEP (Second Iteration) for that part has been submitted to and approved in writing by the Secretary of State.

(2) The CEP (Second Iteration) prepared under sub-paragraph (1) must be substantially in accordance with the CEP (First Iteration) and must—

schedule 2 paragraph 16 2 a + (a)include reasonable measures for the management and minimisation of carbon emissions during construction of the authorised development; and

schedule 2 paragraph 16 2 b + (b)specify the measures to be taken in the event of any failure to meet a target set out in the CEP (First Iteration).

(3) The construction of the relevant part of the authorised development must be carried out in accordance with the CEP (Second Iteration) approved for that part under sub-paragraph (1).

(4) A CEP (Third Iteration) must be submitted to and approved in writing by the Secretary of State as soon as reasonably practicable at the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the CEP (First Iteration).

(5) The CEP (Third Iteration) prepared under sub-paragraph (4) must address the matters set out in the CEP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must contain the long-term commitments to manage and minimise carbon emissions during the operation and maintenance of the authorised development.

(6) The authorised development must be operated and maintained in accordance with a CEP (Third Iteration).

(7) In this paragraph—

term cep first iteration + “CEP (First Iteration)” means the carbon and energy management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State and which is the first iteration of the carbon and energy management plan;

term cep second iteration + “CEP (Second Iteration)” means the second iteration of the carbon and energy management plan to be submitted and approved under paragraph 16(1) of this Schedule; and

term cep third iteration + “CEP (Third Iteration)” means the third iteration of the carbon and energy plan which is a handover carbon and energy management plan.

Passive provision for Tilbury link road

schedule 2 paragraph 17 + 17.—(1) The undertaker must undertake the detailed design of Works Nos. 5D, 5E and 5F in a manner that reasonably facilitates and accommodates a connection to the proposed Tilbury link road to the extent the route and design of proposed Tilbury link road is available prior to and up to the date of the submission of the final iteration of the detailed design of the tunnel area north of the river Thames to the design review panel pursuant to clause PRO.01 of the design principles.

(2) Works Nos. 5D, 5E and 5F must be designed in detail and constructed by the undertaker so as to reasonably accommodate a connection with the proposed Tilbury link road in compliance with DMRB in order to reasonably accommodate a connection with the proposed Tilbury link road.

term the proposed tilbury link road + (3) In this paragraph, “the proposed Tilbury link road” means a proposal which includes a road connection or junction onto the A122 from Tilbury which is—

schedule 2 paragraph 17 3 a + (a)reflected in a preferred route announcement by the Secretary of State;

schedule 2 paragraph 17 3 b + (b)the subject of a request for a scoping opinion, or an equivalent request made pursuant to regulations made pursuant to Part 6 of the Levelling Up and Regeneration Act 2023(9), submitted to Thurrock Council under regulation 15 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017(10), or an application to the Secretary of State under regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(11), whether the road forms the whole or part of the subject of the request for a scoping opinion (unless the Secretary of State directs the undertaker not to consider such a proposal as the proposed Tilbury link road);

schedule 2 paragraph 17 3 c + (c)included in a local plan adopted by the relevant planning authority under regulation 26 of The Town and Country Planning (Local Planning) (England) Regulations 2012(12); or

schedule 2 paragraph 17 3 d + (d)in the absence of (a) to (c), such other proposal as is reasonably considered by the undertaker to constitute the likely route and function of that link road.

Operation of the Orsett Cock roundabout

schedule 2 paragraph 18 + 18.—(1) No part of Work No. 7F is to commence until a scheme for the Orsett Cock roundabout has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant highway authority, the Port of Tilbury London Limited DP World London Gateway, and Thames Enterprise Park.

(2) The scheme submitted under sub-paragraph (1) must—

schedule 2 paragraph 18 2 a + (a)be based on, and informed by—

schedule 2 paragraph 18 2 a i + (i)appropriate pre-construction monitoring data following the consultation required by sub-paragraph (3); and

schedule 2 paragraph 18 2 a ii + (ii)an assessment, which must include microsimulation modelling, of the likely traffic impacts on the Orsett Cock roundabout arising from the authorised development during the operation of the authorised development; and

schedule 2 paragraph 18 2 b + (b)include details, and a programme for the implementation, of—

schedule 2 paragraph 18 2 b i + (i)the proposed design, and construction of improvements to the Orsett Cock roundabout; and

schedule 2 paragraph 18 2 b ii + (ii)measures that are reasonably necessary to—

schedule 2 paragraph 18 2 b ii aa + (aa)minimise delays for traffic arising as a result of the operation of the authorised development; and

schedule 2 paragraph 18 2 b ii bb + (bb)ensure and optimise the performance of the Orsett Cock roundabout.

(3) The undertaker must consult the relevant highway authority on the methodology proposed for monitoring under sub-paragraph (2)(a)(i), and such consultation must include details of the proposed—

schedule 2 paragraph 18 3 a + (a)locations to be monitored;

schedule 2 paragraph 18 3 b + (b)time periods to be monitored; and

schedule 2 paragraph 18 3 c + (c)method by which the monitoring data will be collected.

(4) The Orsett Cock roundabout must be included as a location for monitoring in the scheme submitted under paragraph 14 (traffic monitoring) of this Schedule.

(5) The authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1).

(6) In considering a scheme submitted for approval under sub-paragraph (1), the Secretary of State), in addition to other matters that the Secretary of State considers relevant, must take into account—

schedule 2 paragraph 18 6 a + (a)any representations provided pursuant to paragraph 24(1)(d) (details of consultation) of this Schedule;

schedule 2 paragraph 18 6 b + (b)any representations which the undertaker must have duly considered pursuant to paragraph 24(1)(c) of this Schedule but which are not reflected in the scheme submitted for approval; and

schedule 2 paragraph 18 6 c + (c)whether the scheme submitted ensures and optimises the performance of the Orsett Cock roundabout.

term ensure and optimise the performance + (7) In this paragraph, “ensure and optimise the performance” is to be construed to include improving reliable and efficient traffic journeys through the Orsett Cock roundabout having due regard to avoiding impacts on Orsett Village, journeys from the Port of Tilbury and London Gateway port to the strategic road network and the importance of the Orsett Cock roundabout for port operations.

Amendments to approved details

schedule 2 paragraph 19 + 19.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details, plans or schemes approved under this Schedule, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State, or in the case of any approval under paragraph 13 (travellers’ site in Thurrock), the local planning authority.

Amendments to the control documents

schedule 2 paragraph 20 + 20.  No part of the authorised development may commence until the Undertaker has made the amendments to the control documents as set out in in Part 3 (amendments to be made to the control documents) of this Schedule.

PART 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made to the Secretary of State under Part 1

schedule 2 paragraph 21 + 21.—(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—

schedule 2 paragraph 21 1 a + (a)the day immediately following that on which the application is received by the Secretary of State;

schedule 2 paragraph 21 1 b + (b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 23 (further information); or

schedule 2 paragraph 21 1 c + (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—

schedule 2 paragraph 21 3 a + (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;

schedule 2 paragraph 21 3 b + (b)the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

schedule 2 paragraph 21 3 c + (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

schedule 2 paragraph 22 + 22.—(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 the 21 business day period referred to in sub-paragraph (2) 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 22 (applications made to the Secretary of State under Part 1) and in this paragraph.

Details of consultation

schedule 2 paragraph 23 + 23.—(1) Where any paragraph in this Schedule requires the undertaker to consult with any person or body, the undertaker must—

schedule 2 paragraph 23 1 a + (a)notify the person or body of the effect of paragraph 22(3) (applications made to the Secretary of State under Part 1) of this Schedule;

schedule 2 paragraph 23 1 b + (b)subject to sub-paragraph (2), provide that person or body with not less than 28 days from the provision of any documents being consulted upon for any response to the consultation;

schedule 2 paragraph 23 1 c + (c)give due consideration to any representations made by that person or body about the proposed application; and

schedule 2 paragraph 23 1 d + (d)include with its application to the Secretary of State copies of any representations made by that person or body about the proposed application, and a written account of how any such representations have been taken into account in the submitted application.

(2) The undertaker may consent, such consent not to be unreasonably withheld, to an extension of period in sub-paragraph (1)(a) so that a person or body has not less than 42 days from provision of any documents being consulted upon to provide a response to the consultation following a request made by a person or body no later than 21 days from receipt of any documents being consulted upon.

(3) Where sub-paragraph (2) applies a person or body must provide a response to the consultation as soon as reasonably practicable.

Register of requirements

schedule 2 paragraph 24 + 24.—(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

schedule 2 paragraph 25 + 25.  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.

PART 3AMENDMENTS TO BE MADE TO THE CONTROL DOCUMENTS

Amendments to be made to the Code of Construction Practice and the REAC

schedule 2 paragraph 26 + 26.—(1) The Code of Construction Practice (document ref: TR010032/App/6.3) is to be amended as follows.

(2) In paragraph 1.4.10, for “The Project is committed to avoiding, preventing, reducing or remediating for, as far as reasonably practicable, the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment.”, substitute “The Project is committed to avoiding, preventing, reducing or remediating the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment to the extent that is required by relevant law and policy and otherwise as far as reasonably practicable.”.

(3) Table 7.1 (REAC table) is to be amended as set out in table 1, where—

schedule 2 paragraph 26 3 a + (a)column 1 sets out the rows to which and where in those rows the amendments are to be made;

schedule 2 paragraph 26 3 b + (b)column 2 sets out how the amendments are to be made; and

schedule 2 paragraph 26 3 c + (c)column 3 sets out the text to be substituted, inserted or omitted.

(4) At the appropriate places in Table 7.1, insert the following entries from table 2—

(5) After row 28 (REAC ref. no. TB020) of Table 2.1 in Annex C (Preliminary Works Environmental Management Plan), insert the text from table 3—

Amendments to be made to the Outline LEMP

schedule 2 paragraph 27 + 27.  In the Outline Landscape and Ecology Management Plan (document ref. TR010032/App/6.7), in paragraph 4.1.14, after point (h), insert—

“(i)Agree the species and species group monitoring requirements, for non-licensable species impacts, as part of a holistic indicators of success approach to ensure that the compensatory habitats are effective at the ecosystem level and support the populations of species impacted by the proposal.”.

schedule 2 paragraph 28 + 28.—(1) Appendix 1 (LEMP Terms of Reference) of the Outline Landscape and Ecology Management Plan (document ref. TR010032/APP/6.7, version 3) is to be amended as follows.

(2) In paragraph 1.4.4, after point (i), insert—

“(h)Agree the species and species group monitoring requirements, for non-licensable species impacts, as part of a holistic indicators of success.”.

(3) In paragraph 1.6.1, for “However, should conflicts arise these will be resolved by escalating within the primary organisations.”, substitute “However disputes arise these will be deferred to an independent expert agreed by all parties in line with DCO Article 64 (Arbitration).”.

Amendments to be made to the Design Principles Document

schedule 2 paragraph 29 + 29.  The Design Principles Document (document ref. TR010032/APP/7.5, version 7) is to be amended as set out in table 4, where—

schedule 2 paragraph 29 a + (a)column 1 sets out the documents to which and where in those documents the amendments are to be made;

schedule 2 paragraph 29 b + (b)column 2 sets out how the amendments are to be made; and

schedule 2 paragraph 29 c + (c)column 3 sets out the text to be substituted, inserted or omitted.

Amendments to be made to the Consents and Agreements Position Statement

schedule 2 paragraph 30 + 30.  In the Consents and Agreements Position Statement (document ref. TR010032/APP/8.3, version 8), after paragraph 4.1.2(a), omit sub-paragraph (b) (Consent to carry out works in a site of Special Scientific interest).

Amendments to be made to the SACR

schedule 2 paragraph 31 + 31.—(1) In the SACR (document ref. TR010032/APP/7.21, version 8) Table A.1 is to be amended as follows.

(2) In column 4 of row 13 (SACR ref. SACR-013), after “the undertaker must design and carry out Work No MU84 to”, omit “reasonably”.

(3) After row 33 (SACR ref. SACR-033)—

schedule 2 paragraph 31 3 a + (a)insert the following entry from table 5; and

schedule 2 paragraph 31 3 b + (b)following the conclusion of the process required by article 65 (financial arrangements for the Kent Downs National Landscape), insert in the place marked with square brackets the financial contribution, pursuant to paragraph (11) of that article.