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Advice to B Kesslar

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Enquiry

From
B Kesslar
Date advice given
19 February 2014
Enquiry type
Email

Query with regards to the destruction of trees, shrubs and animal habitat on the land on the canal side of the railway track. Also querying action and compensation from developer for damage to properties.

Advice given

Whilst the Planning Inspectorate examined the application and made a recommendation to the Secretary of State, it is the role of a number of bodies to enforce the permission (Development Consent Order). In relation to some of the issues outlined in your email, a requirement (also known as a condition in other planning legislation) was included at requirement 4 in the Development Consent Order, for the applicant to produce a Construction Environmental Management Plan. I have inserted the wording for this requirement below for your assistance. This document should, as set out below, be submitted to the relevant planning authority and the Health Protection Agency for sign off prior to commencement of works. Therefore, these are bodies to which, in addition to the applicant, Network Rail, you should be addressing your comments. The relevant Planning Authority for this case is Bromsgrove District Council.

Construction Environmental Management Plan 4.?(1) The authorised development must not be commenced until a written construction environmental management plan (CEMP) has been submitted to and approved by the relevant planning authority in consultation with the Health Protection Agency. (2) The CEMP must be in accordance with the environmental reports. (3) The CEMP must reflect the CR-E, and must include an implementation timetable. (4) The CEMP must in particular include the following: (a) an external communications plan; (b) a pollution incident prevention and control plan; (c) a site waste management plan; (d) a traffic management plan including a construction traffic code of practice; (e) a nuisance management plan regarding noise and vibration, dust, air pollution and lighting; and (f) an ecological management plan. (5) The construction traffic code of practice under (4)(d) must in particular address: (a) construction traffic routes and operational hours; (b) measures to minimise dust and mud; (c) abnormal loads; and (d) compliance of drivers with national driving standards and project-specific restrictions. (6) The CEMP must in particular require: (a) adherence to the relevant Pollution Prevention Guidelines PPG1, PPG5, PPG6 and PPG21; (b) except on operational railway land (to which no restriction on working hours applies under this Order), adherence to? (i) normal daytime working hours (7am to 6pm Monday to Friday and 8am to 2pm on Saturday), and (ii) no working on Sundays, Bank or Public Holidays except for such working outside those times which has been notified to the relevant planning authority and affected residents by an agreed notification procedure in compliance with Section 61 of the Control of Pollution Act 1974 and in full accordance with the nuisance management plan; and (c) adherence to the scheme of temporary footpaths as approved by the highway authority under requirement 18(1)(d). (7) The authorised development must be carried out in accordance with the approved CEMP and the CR-E.