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
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—
(a)column 1 sets out the rows to which and where in those rows the amendments are to be made;
(b)column 2 sets out how the amendments are to be made; and
(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 made | How the amendment is to be made | Text 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
| Topic | REAC ref. no. | Name | Origin | Commitment | Achievement criteria | Party responsible | Stage | Securing mechanism in DCO |
|---|---|---|---|---|---|---|---|---|
| HRA | HR013 | Mitigation of in-combination air quality effects on Epping Forest SAC along part of the M25 | ExA 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 Highways | Operation | EMP3 Requirement 4 |
| Road Drainage and Water Environment | RDWE 060 | Water Framework Directive Compliance – non-main watercourse | ExA 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 obtained | National Highways | Construction | EMP2 Requirement 4 |
| Road Drainage and Water Environment | RDWE061 | Drainage Authority consultation | ExA Recommendation Report | When 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 proposals | National Highways | Construction | EMP2 Requirement 4 |
| Geology and Soils | GS032 | Minerals and waste consents on land subject to compulsory acquisition or temporary possession | ExA Recommendation Report | Where 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; Highways | Construction and Operation | EMP2 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
| Topic | REAC ref. no. | Name | Origin | Commitment | Achievement criteria | Party responsible | Securing mechanism in DCO | Topic |
|---|---|---|---|---|---|---|---|---|
| Terrestrial Biodiversity | TB032 | Agreements to deliver both the offsite mitigation for reintroduction of water voles and the installation and monitoring of barn owl nest boxes | Secretary 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 Trust | National Highways | Requirement 4(1) | Terrestrial Biodiversity |
Amendments to be made to the Outline LEMP
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.”.
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
29. The Design Principles Document (document ref. TR010032/APP/7.5, version 7) is to be amended as set out in table 4, where—
(a)column 1 sets out the documents to which and where in those documents the amendments are to be made;
(b)column 2 sets out how the amendments are to be made; and
(c)column 3 sets out the text to be substituted, inserted or omitted.
Table 4
| Where the amendment is to be made | How the amendment is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
| After paragraph 2.15.1 | Insert | “2.15.2 Where new services and utilities are proposed to be installed within or affecting SSSIs or other irreplaceable habitats, the contractor must confirm that no other reasonable option exists and that the installation options have been reviewed and that the contractor can find no alternative option which causes less harm.” |
| Table 4.2, column 3 of row 5 (DPD ref. PLA.05) | For “Fragmentation of habitats shall be reduced as far as reasonably practicable by avoiding unnecessary barriers to movement and, where necessary, including design features”, substitute | “Fragmentation of habitats shall be reduced as far as practicable by avoiding unnecessary barriers to movement and including design features” |
| Table 4.3, column 3 of row 7 (DPD ref. PRO.07) | After “Tilbury Fields (Work No. OSC5)”, insert a new indent | “Tilbury Viaduct” |
| Table 4.4, column 3 of row 9 (DPD ref. STR.09) | After “single structure as much as is”, omit | “reasonably” |
| Table 4.5, column 3 of row 4 (DPD ref. LST.04) | After “lighting on green bridges shall be minimised and where possible column heights shall be reduced”, insert | “or low-level lighting (e.g. bollard lighting) utilised” |
| Table 4.6, column 3 of row 1 (DPD ref. LSP.01) | After” However, even outside these areas, existing vegetation shall be retained as far as”, omit | “reasonably” |
| Table 5.1, column 3 of row 1 (DPD ref. S1.01) | For “existing planting along the northern edge of the A2 corridor shall be retained as far as reasonably practicable”, substitute | “existing planting along the northern edge of the A2 corridor shall be retained with losses minimised to the extent that is required by relevant law and policy and otherwise as far as practicable” |
| Table 5.1, column 3 of row 1 (DPD ref. S1.01) | After “the A2 corridor as defined in the Environmental Masterplan (Application Document 6.2, Figure 2.4)”, insert | “and where there are no wayleave/ easement, visibility splay or other highway operational safety requirements, then replacement native woodland should be provided at or as near as possible to the point of loss” |
| Table 5.1, column 3 of row 4 (DPD ref. S1.04) | After “main highway’s corridor as far as”, omit | “reasonably” |
| Table 5.5, column 3 of row 11 (DPD ref. S9.11) | After “Where possible, existing vegetation shall be retained”, omit | “as far as reasonably practicable” |
| Appendix A: Planting Palette, the page headed “LE2.11 Woodland – inc Non-native species Innerstand (cont)” | After “Only used on Thong Lane Heavyweight Green Bridge”, insert | “where non-native species are excluded” |
| Appendix D: Detailed Design Multi-disciplinary Workshop Terms of Reference | After paragraph D.1.4.a(iv), insert | “(v) Publish and share how National Highways has taken into account stakeholder feedback, providing a detailed narrative in circumstances where this was not possible, in the spirit of collaborative, open and transparent stakeholder engagement.” |
| Appendix D: Detailed Design Multi-disciplinary Workshop Terms of Reference | After paragraph D.1.5, insert | “D.1.6 Every attempt will be made to resolve disputes within the MDW’s membership. Wherever possible, decisions shall be made by consensus within the MDW meetings. However, should disputes arise these will be deferred to [the SoST or] an independent expert agreed by all parties in line with DCO Article 64 (Arbitration).” |
Amendments to be made to the Consents and Agreements Position Statement
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
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)—
(a)insert the following entry from table 5; and
(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.
Table 5
| Countryside and Rights of Way Act 2000, Section 85 | SACR-034 | Kent Downs National Landscape | Having regard to the duty of Section 85 of the Countryside and Rights of Way Act 2000 (as amended), to seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, National Highways will make funding available for appropriate projects to be undertaken within the Kent Downs National Landscape. A total of [£ ] will therefore be made available to the Kent Downs National Landscape team to fund measures and projects that meet a funding criterion that primarily conserves and enhances the natural beauty of the Kent Downs National Landscape. Projects to be funded will be in accordance with the principles of the Kent Downs AONB Management Plan or any superseding document, and will be agreed with the Kent Downs National Landscape team. The fund shall be administered by adopting the same process as is set out in paragraphs 1.1 to 8.2 of Schedule 3 to the unilateral undertaking entered into by National Highways dated 12 December 2023 in relation to the Kent Downs AONB Compensatory Enhancement Fund [REP9-268], subject to the following modifications: (a) in paragraph 1.1, for “£4,240,000 for an AONB Compensatory Enhancement Fund to fund measures and projects that meet the funding criteria set out in paragraph 4.2 of this Schedule (the “Fund”) which includes £600,000 to manage and administer the Fund (together being “the AONB Contribution”)” substitute “[£] (“the AONB Enhancement Contribution”) for an AONB Enhancement Fund to fund measures and projects that meet the funding criteria set out in paragraph 4.2 of this Schedule (the “Fund”)”; (b) in paragraph 3.1, for “AONB Compensatory Enhancement Fund Awards Panel” substitute “AONB Enhancement Fund Awards Panel”; (c) in paragraph 4.1 for “During the Construction Period and for three years thereafter” substitute “From Commencement and for up to three years following the opening of the Authorised Development”. | National Highways | Kent Downs National Landscape | From commencement and up to three years following opening |