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SCHEDULES

SCHEDULE 2REQUIREMENTS

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.

Table 1
Where in Table 7.1 the amendment is to be madeHow the amendment is to be madeText to be substituted, inserted or omitted
Column 5 of row 13 (REAC ref. no. CH004)At the end of column 5 of that row, insert

“The Thatched Cottage (LB58) shall not be demolished until the undertaker has concluded an agreement with Historic England and Essex Place Services in relation to its relocation or recording. If relocation is agreed, the building shall be dismantled in accordance with a ‘relocation brief’ agreed between the undertaker, Historic England and Essex Place Services before the commencement of dismantling works. If relocation is not agreed, the demolition shall not proceed until the completion and approval of the Level 4 Historic Building Recording.

Appraisal of Murrells Cottage (LB96) has identified that this heritage asset could be an “excellent source” of original materials for potential re-use in repairs to listed buildings in the area. Murrells Cottage shall not be demolished until the undertaker has prepared a ‘materials brief’ making provision for the retrieval and storage of salvageable fixtures, fittings and structural components. Demolition must then proceed generally in accordance with the materials brief and salvaged components must be made available for local re-use.”

Column 5 of row 22 (REAC ref. no. GS003)After “land instability”, insert“and man-made geohazards including landfill at Goshems Farm Landfill”
Column 5 of row 63 (REAC ref. no. LV001)After “diverted utilities,”, insert“will protect hedgerows and trees identified for protection from removal and otherwise”
Column 5 of row (REAC ref. no. LV013)Omit“where reasonably practicable”
Column 5 of row 90 (REAC ref. no LV028)Omit“as far as reasonably practicable”
Column 5 of row 99 (REAC ref. no. LV037)At the first bullet point, for “as far as reasonably practicable”, substitute“in accordance with commitments Lv001 and LV028”
Column 5 of row 215 (REAC ref. no. TB012)Omit
(a)

“, where it is reasonably practicable to erect this number of nest boxes”; and

(b)

“, where it is reasonably practicable to erect these numbers within retained vegetation”

Column 5 of row 232 (REAC ref. no. TB028)Omit“, where reasonably practicable,”
Column 5 of row 235 (REAC ref. no. TB031)After “with a view to avoid and/or minimise impacts”, insert“to the extent that is required by relevant law and policy and otherwise”

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

Table 2
TopicREAC ref. no.NameOriginCommitmentAchievement criteriaParty responsibleStageSecuring mechanism in DCO
HRAHR013Mitigation of in-combination air quality effects on Epping Forest SAC along part of the M25ExA Recommendation Report

Appropriate technology and infrastructure would be installed to enable the enforcement authority to enforce a 60mph speed limit in westbound direction between junctions 26 and 27 of the M25 to ensure that there is no Adverse Effect on Integrity (AEoI) on Epping Forest SAC as a consequence of traffic emissions leading to increases in nitrogen deposition, NOx and NH3. Reasonable and appropriate funding would be provided to the enforcement authority to set a 60mph limit and to undertake enforcement activities, in addition to existing enforcement measures. This technology and infrastructure would be developed through detailed design, in consultation with the enforcement authority and approved by the Secretary of State in consultation with Natural England.

Monitoring should commence 1 year prior to commencement of construction and remain in place for a minimum period of 4 years following commencement of operation to ensure that levels of nitrogen deposition, NOx and NH3 are no higher than the pre-operational values.

Annual monitoring should be reviewed in consultation with Natural England and adapted if necessary to achieve this. These measures are to be put back into operation if the outcome from monitoring shows relevant increases in nitrogen deposition, NOx and NH3 which would lead to an AEoI and NE advises that a return to speed limit control and enforcement is required to prevent that.

Establishment of annual monitoring measure and air quality threshold required to avoid AEoI in agreement with Natural England. Provision of speed enforcement technology and infrastructure as agreed with the enforcement authority.National HighwaysOperationEMP3 Requirement 4
Road Drainage and Water EnvironmentRDWE 060Water Framework Directive Compliance – non-main watercourseExA Recommendation Report

No culvert or equivalent covered passage affecting a non-main watercourse is to be constructed until a Structure Water Framework Directive Compliance Plan (SWFDCP) has been prepared for that structure in consultation with the Lead Local Flood Authority and the Internal Drainage Board (if relevant) or any other relevant drainage authority with responsibility for the watercourse, and agreed by the Environment Agency prior to approval by the Secretary of State. A SWFDCP must contain a detailed design for the structure(s) to which it relates to show the dimensions and internal treatments for the structure and must demonstrate either:

(a) that the proposed detailed design provides full compliance with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (WFD Regulations), as amended by the Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (collectively the WFD Regulations); or (b) if full WFD Regulations compliance cannot be achieved, that the proposed detailed design is accompanied by information to explain:

(i) why compliance cannot be achieved;

(ii) demonstrating that a derogation under Regulation 19 of the WFD Regulations can be obtained; and

(iii) demonstrating how the conditions in Regulations 19(3), (4) and (5) are met by the proposed detailed design.

Agreement by the Environment Agency that structures are WFD compliant or that a derogation can be obtainedNational HighwaysConstructionEMP2 Requirement 4
Road Drainage and Water EnvironmentRDWE061Drainage Authority consultationExA Recommendation ReportWhen consents and new discharges are sought under Art 19(3) or Art 20 of the dDCO the undertaker will seek the views of the drainage authority.Drainage authorities are consulted on Art 19(3) and Art 20 proposalsNational HighwaysConstructionEMP2 Requirement 4
Geology and SoilsGS032Minerals and waste consents on land subject to compulsory acquisition or temporary possessionExA Recommendation ReportWhere land that is subject to a remediation or restoration condition or agreement pursuant to a minerals or waste consent is taken as a consequence of compulsory acquisition and or temporary possession, the undertaker indemnifies the former operator or beneficiary of the consent against any liability arising due to enforcement by the local planning authority.No outstanding minerals or waste non-compliance or enforcement action on land subject to compulsory acquisition or temporary possession.National; HighwaysConstruction and OperationEMP2 and 3 Requirement 4

(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—

Table 3
TopicREAC ref. no.NameOriginCommitmentAchievement criteriaParty responsibleSecuring mechanism in DCOTopic
Terrestrial BiodiversityTB032Agreements to deliver both the offsite mitigation for reintroduction of water voles and the installation and monitoring of barn owl nest boxesSecretary of State and ES 8.5.46 and 8.5.47

The undertaker is to enter into agreements with the Essex Wildlife Trust for the provision of—

(a) an offsite project reintroducing water voles to catchments within Essex that have suffered from localised extinctions; and

(b) a minimum of 12 artificial nest boxes for barn owls to be installed in land managed by the Essex Wildlife Trust >1.5km away from the project boundary and other major roads.

Agreements signed by National Highways and the Essex Wildlife TrustNational HighwaysRequirement 4(1)Terrestrial Biodiversity