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SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 1GENERAL

Interpretation

1.  In this Schedule—

“air noise management plan” means the document certified by the Secretary of State as the air noise management plan for the purposes of the Order under article 50 (certification of documents, etc.) and referenced in Schedule 9 (documents to be certified);

“amphibian and reptile mitigation strategy” means Appendix 8.6 of the environmental statement;

“badger mitigation strategy” means Appendix 8.7 of the environmental statement;

“bat mitigation strategy” means Appendix 8.8 of the environmental statement;

“begin” means to carry out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part, or carried out for the purposes, of the authorised development;

“bird mitigation strategy” means Appendix 8.9 of the environmental statement;

“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(1);

“commence” means carrying out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part, or carried out for the purposes, of the authorised development other than operations consisting of—

(a)

remedial work in respect of any contamination or adverse ground conditions (excluding works carried out as part of Work No. 1b (landfill remediation works));

(b)

environmental (including archaeological) surveys and investigation;

(c)

site or soil surveys;

(d)

erection of fencing to site boundaries or marking out of site boundaries;

(e)

installation of barrier or demarcation fencing to protect required areas of habitats or species;

(f)

the diversion or laying of services;

(g)

ecological mitigation measures;

(h)

receipt and erection of construction plant and equipment;

(i)

erection of temporary buildings and structures;

(j)

site preparation and site clearance (excluding works carried out as part of Work No. 1a (earthworks)); and

(k)

the temporary display of site notices or information,

and “commencement” and “commenced” are to be construed accordingly;

“cultural heritage management plan” means Appendix 10.6 of the environmental statement;

“design principles” means the document certified by the Secretary of State as the design principles for the purposes of the Order under article 50 and referenced in Schedule 9;

“discharging authority” means the authority from whom a consent, approval or agreement, referred to in Part 1, Part 2 or Part 4 of this Schedule, is required or requested by the undertaker;

“drainage design statement” means Appendix 20.4 of the environmental statement;

“ecological mitigation strategies” means together the badger mitigation strategy, the bat mitigation strategy, the bird mitigation strategy, the amphibian and reptile and amphibian mitigation strategy and the orchid and invertebrate mitigation strategy;

“ESG” means the Environmental Scrutiny Group, the independent group established by paragraph 21 in Part 3 of this Schedule whose functions are relevant to any matter under this Schedule and any approval or agreement required by the ESG under this Schedule is to be construed accordingly;

“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(2);

“exempt flights” means unplanned air transport movements which do not carry commercial passengers, which includes but is not restricted to—

(a)

flights operated by relief organisations for humanitarian reasons;

(b)

flights operated by the armed forces for military purposes; or

(c)

flights which otherwise qualify under a particular occasion or series of occasions which are to be disregarded pursuant to a notice published by the Secretary of State under section 78(4) or 78(5)(f) (regulation of noise and vibration from aircraft) of the Civil Aviation Act 1982(3) or set out in guidance published by the Secretary of State in connection with those provisions;

“fixed plant noise management plan” means Appendix 16.3 of the environmental statement;

“framework travel plan” means the document certified by the Secretary of State as the framework travel plan for the purposes of the Order under article 50 and referenced in Schedule 9;

“infant” means a person under the age of two years;

“landscaping mitigation” means all the work numbers listed under Work No. 5, hard and soft landscaping identified in individual work numbers in the landscaping and mitigation section of Schedule 1 to the Order and areas identified in Figures 14.10 to 14.13 inclusive in Chapter 14 Landscape and Visual Figures of the environmental statement;

“light obtrusion assessment” means Part A and B in Appendix 5.2 of the environmental statement;

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

“orchid and invertebrate mitigation strategy” means Appendix 8.10 of the environmental statement;

“outline construction traffic management plan” means Appendix 18.3 of the environmental statement;

“outline construction workers travel plan” means Appendix 18.4 of the environmental statement;

“outline foundation works risk assessment” means Appendix 17.6 of the environmental statement;

“outline greenhouse gas action plan” means Appendix 12.1 of the environmental statement;

“outline ground noise management plan” means the document certified by the Secretary of State as the outline ground noise management plan for the purposes of the Order under article 50 and referenced in Schedule 9;

“outline landscape and biodiversity management plan” means Appendix 8.2 of the environmental statement;

“outline operational air quality plan” means Appendix 7.5 of the environmental statement;

“outline operational waste management plan” means Appendix 19.2 of the environmental statement;

“outline remediation strategy (for the former Eaton Green Landfill site)” means Appendix 17.5 of the environmental statement;

“outline site waste management plan” means Appendix 19.1 of the environmental statement;

“outline soil management plan” means Appendix 6.6 of the environmental statement;

“outline transport related impacts monitoring and mitigation approach” means the document certified by the Secretary of State as the outline transport related impacts monitoring and mitigation approach for the purposes of the Order under article 50 and referenced in Schedule 9;

“passengers” means commercial airline passengers and general aviation passengers, but excluding infants, passengers on diverted planes and passengers on exempt flights;

“passengers per annum” means passengers per calendar year; and

“relevant sewerage undertaker” means Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to it as a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991;

“relevant water undertaker” means Affinity Water Limited (company number 02546950, whose registered office is at Tamblin Way, Hatfield, Hertfordshire, AL10 9EZ) and Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to them as a water undertaker within the meaning of the Water Industry Act 1991;

“specified authorities” means Central Bedfordshire Council, Dacorum Borough Council, Hertfordshire County Council, Luton Borough Council and North Hertfordshire District Council, but excluding any of those authorities where they are the discharging authority;

“strategic landscape masterplan” means the document certified by the Secretary of State as the strategic landscape masterplan for the purposes of the Order under article 50 and referenced in Schedule 9;

“substantially in accordance with” means that the plan or detail to be submitted should in the main accord with the outline document and where it varies from the outline document should not give rise to any new or any materially new or materially different environmental effects in comparison with those reported in the Environmental Statement; and

“sustainable transport fund” means the document certified by the Secretary of State as the sustainable transport fund for the purposes of the Order under article 50 and referenced in Schedule 9.