The North Blyth Biomass Power Station Order 2013

Piling and vibration

29.—(1) No piling works may be commenced until a piling method statement (which may form part of the CEMP) has been submitted to and approved by the relevant planning authority following consultation with Natural England, the Environment Agency and the MMO regarding the mitigation of the impact of piling and other construction works that are significant in terms of noise generation likely to impact on ornithology and aquatic and marine animals. The piling method statement must—

(a)conform with the provisions set out in paragraphs 4.5.80 and 4.5.81 of the environmental statement and the letter from the undertaker to Natural England dated 26 June 2012;

(b)fully reflect paragraphs 11.6.5 to 11.6.19 of the environmental statement and include provision ensuring that noise levels will be monitored during the construction phase to ensure levels are as predicted;

(c)include details of mitigation to be employed to ensure that the noise from piling activities does not exceed 55 dB(A) LA Max at the locations of the agreed measurement points during the months of August to March inclusive (unless otherwise previously agreed with the relevant planning authority in consultation with Natural England, the Environment Agency and the MMO);

(d)stipulate that any percussive piling may only be undertaken if the volume emissions of such works are to be increased on a gradual basis;

(e)demonstrate that piling activities will not have a resultant unacceptable impact on groundwater;

(f)include provision that no piling shall be undertaken in connection with Work Nos. 1(u) to (w) (inclusive) during the months of October to March inclusive; and

(g)include a programme for reporting noise measurements and proposals for reporting on the effectiveness of the mitigation contained within the method statement including, in the event that predicted noise levels during the construction phase are exceeded, a process for any necessary remedial action being approved by the relevant planning authority and thereafter implemented within a stated timescale following such approval.

(2) Notwithstanding any measures approved pursuant to sub-paragraph (1), no pile driving shall take between the hours of 17.30 and 07.00 on any day.

(3) The authorised development must be carried out in accordance with the provisions of the approved piling method statement and this Order.

(4) No piling works may commence as part of the construction of the authorised development until steps have been taken to ensure that vibration monitoring will be carried out (including for test piling) in accordance with details which have been submitted to and approved by the relevant planning authority. Thereafter details of monitoring must be submitted to and approved by the relevant planning authority in writing prior to commencement of any piling works for the authorised development and a record of vibration must be maintained at all times during the construction works and made available to the relevant planning authority on request.