SCHEDULES

Articles 2 & 3

SCHEDULE 1AUTHORISED DEVELOPMENT

In the County of Cornwall—

A nationally significant infrastructure development as defined in sections 14 and 22(1) of the 2008 Act, comprising:

• Work No.1

  The improvement of 5.15 kilometres of permanent highway by dualling 4.5 kilometres of the A30 trunk road which is currently single carriageway between Temple and Higher Carblake, to include—

  (a)

  the widening and realignment of the existing A30 single carriageway plus climbing lane to a two lane dual 2 all purpose carriageway including maintenance lay-bys, hard strips, central reserve and verges;

  (b)

  the reconfiguration, improvement or adjustment of access to the existing service stations on the eastbound carriageway of the A30 to suit the revised carriageway layout;

  (c)

  the reconfiguration, improvement or adjustment of the access to Higher Carblake;

  (d)

  the reconfiguration, diversion or adjustment of existing Public Rights Of Way (numbers FP/508/1, FP/508/14, and FP/508/15) which abut the existing A30 trunk road within the length of the scheme to suit the new layout;

  (e)

  the construction of a sustainable drainage system (“SuDS”) to accommodate the existing and increased carriageway run–off, to include—

  (i)

  traditional rainwater run-off collection (gullies, fin or carrier drains);

  (ii)

  construction of 3 attenuation basins controlled by flow control devices, down stream defenders and connections into existing outfalls at three positions in the vicinity of Higher Carblake, Pounds Conce and Temple Tor;

  (iii)

  the alteration and improvement of an existing drainage culvert in the vicinity of Pounds Conce and at Temple Tor;

  (iv)

  provision of vehicular and pedestrian access to maintain highway drainage features at each of the three locations; and

  (v)

  landscaping works;

  (f)

  diversion and protection of existing public and private utility apparatus, as required to accommodate the proposed works;

  (g)

  the reconfiguration, improvement, relocation or alteration of private accesses and accesses to common land as required to suit the revised carriageway layout;

  (h)

  the temporary removal of the grade II listed milestone east of Glenavon (Listing ID 1142395); and

  (i)

  other drainage works, earth works, pavement works, kerbing and paved areas works, signing and road marking works, hedging works, safety barrier works, fencing works, landscaping works, mitigation works, accommodation works and other works associated with the construction of Work No. 1.

  Associated development within the meaning of section 115(2) of the 2008 Act, comprising:

• Work No. 2

  The construction of a new grade separated junction located at Cardinham Downs to replace the existing at grade crossing, to include—

  (a)

  the construction of a new overpass bridge structure;

  (b)

  the construction of associated side roads;

  (c)

  the reconfiguration (stopping up) of the existing C class (C0109) road from Whitecross to the A30 Trunk Road at its junction with the A30;

  (d)

  construction of new cattle grids and by-passes;

  (e)

  the reconfiguration, improvement, relocation or alteration of private accesses and accesses to common land as required to suit the revised carriageway layout;

  (f)

  diversion and protection of existing public and private utility apparatus, as required to accommodate the proposed works; and

  (g)

  drainage works, earth works, pavement works, kerbing and paved areas works, signing and road marking works, hedging works, safety barrier works, fencing works, landscaping works, mitigation works, accommodation works and other works associated with the construction of Work No. 2.

• Work No.3

  The construction of a new grade separated junction located at Preeze Cross to replace the existing at grade crossing, to include—

  (a)

  the construction of a new overpass bridge structure;

  (b)

  the reconfiguration of existing or construction of new associated side roads;

  (c)

  the reconfiguration of the junction for Higher Colvannick;

  (d)

  the reconfiguration and relocation of the private access for the South West Water reservoir site connecting it onto the new side road network;

  (e)

  construction of new cattle grids and by-passes;

  (f)

  the construction of a retaining structure to support the South West Water reservoir in the vicinity of Preeze Cross, facilitating the carriageway widening in this area;

  (g)

  the reconfiguration, improvement, relocation or alteration of private accesses and accesses to common land as required to suit the revised carriageway layout;

  (h)

  the reconfiguration, diversion or adjustment of existing Public Rights Of Way (numbers FP/503/16 and FP/508/9) which abut and or cross the existing A30 trunk road within the length of the scheme to suit the new layout;

  (i)

  diversion and protection of existing public and private utility apparatus, as required to accommodate the proposed works; and

  (j)

  drainage works, earth works, pavement works, kerbing and paved areas works, signing and road marking works, hedging works, safety barrier works, fencing works, landscaping works, mitigation works, accommodation works and other works associated with the construction of Work No. 3.

• Work No. 4

  The construction of a new grade separated junction located at Temple Tor to replace the existing at grade crossing, to include—

  (a)

  the construction of a new overpass bridge structure;

  (b)

  the realignment and construction of associated side roads;

  (c)

  construction of new cattle grids;

  (d)

  the reconfiguration, improvement, relocation or alteration of private accesses and accesses to common land as required to suit the revised carriageway layout;

  (e)

  diversion and protection of existing public and private utility apparatus, as required to accommodate the proposed works; and

  (f)

  drainage works, earth works, pavement works, kerbing and paved areas works, signing and road marking works, hedging works, safety barrier works, fencing works, landscaping works, mitigation works, accommodation and other works associated with the construction of Work No. 4.

• Work No. 5

  The reconfiguration and relocation of private accesses to specific properties to redirect these onto the side road network, including—

  (a)

  for Lynhurst in the vicinity of Preeze Cross; and

  (b)

  for Greenbarrow in the vicinity of the Temple Tor junction;

  (c)

  diversion and protection of existing public and private utility apparatus, as required to accommodate the proposed works; and

  (d)

  drainage works, earth works, pavement works, kerbing and paved areas works, signing and road marking works, hedging works, safety barrier works, fencing works, landscaping works, mitigation works, accommodation works and other works associated with the construction of Work No. 5.

• Work No. 6

  The construction of accommodation works associated with the replacement land (as defined in paragraph (3) of article 30 (special category land)) including—

  (a)

  the removal or relocation of existing fencing or hedges or the construction of new fencing or hedges to separate common land from privately owned land or highway as required by the adjustment of common land boundaries and provision of exchange land;

  (b)

  the construction of two culverts to a watercourse at the boundary of the replacement land at Hawks Tor to facilitate access to the land by livestock or agricultural vehicles; and

  (c)

  the construction of a replacement stock corral adjacent to the revised common land boundary between privately owned land and Greenbarrow common;

  and in connection with such works further development within the Order limits consisting of—

  (a)

  ramps, means of access, footpaths and bridleways;

  (b)

  embankments, abutments, foundations, retaining walls, drainage, wing walls, highway lighting, fencing, hedging and culverts;

  (c)

  works to alter the position of apparatus, including mains, sewers, drains and cables;

  (d)

  works to alter the course of, or otherwise interfere with a watercourse other than a navigable watercourse;

  (e)

  landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

  (f)

  works for the benefit or protection of land affected by the authorised development;

  (g)

  works required for the strengthening, improvement, maintenance or reconstruction of any streets; and

  (h)

  such other works, including contractor’s compounds, working sites, storage areas and works of demolition, as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development,

  and which fall within the scope of the environmental impact assessment.

Article 3

SCHEDULE 2REQUIREMENTS

Interpretation

1.—(1) In this Schedule—

“the approved plans” means the plans listed below and such revised or supplementary plans as may be approved under these requirements—

“CEMP” means construction environment management plan;

“environmental mitigation schedule” means the document certified as the environmental mitigation schedule in accordance with article 37(1) (certification of plans etc.);

“environmental statement” means the document certified as the environmental statement in accordance with article 37(1) (certification of plans etc.);

“heavy goods vehicle” means a heavy goods vehicle of more than 7.5 tonnes gross vehicle weight;

“LEMP” means the landscape and ecology management plan; and

“the road” means the improved dual carriageway road referred to in Work No.1.

(2) Where under any of the requirements the approval or agreement of the local planning authority or another person is required—

(a)the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b)the approval or agreement must be given in writing.

(3) Where any requirement provides that the authorised project is to be carried out in accordance with details, or a scheme, plan or other document approved or agreed by the local planning authority, the approved or agreed details, scheme, plan or other document are to be taken to include any amendments or revisions subsequently approved or agreed by the local planning authority.

(4) Where any requirement specifies “unless otherwise approved by the local planning authority” such approval is not to be given except in relation to minor or immaterial changes where it has been demonstrated to the satisfaction of the local planning authority that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Time limits

2.  The authorised development must commence within 5 years of the date on which this Order comes into force.

Commencement

3.  Notice of commencement of the authorised development must be given by the undertaker to the local planning authority not later than 7 days after the date on which the authorised development is commenced.

Construction environmental management plan

4.—(1) No authorised development must commence until a CEMP has been submitted to and approved by the local planning authority.

(2) The CEMP must include, as a minimum, the construction related mitigation measures set out in the environmental mitigation schedule and—

(a)measures to mitigate the effects of control of noise and vibration during construction;

(b)measures to mitigate the effects of control of dust and air quality during construction;

(c)measures to mitigate the effects of control of lighting during construction;

(d)measures to control and manage surface water during construction;

(e)measures to control and manage site waste management;

(f)measures to control and manage access by construction traffic;

(g)traffic management;

(h)measures to mitigate any interruption of access to businesses, including agricultural holdings;

(i)measures to control and manage the potential effects of contaminants and pollutants;

(j)measures to mitigate the effects of construction activities on health and safety;

(k)measures to exclude fish from watercourses;

(l)measures to mitigate the construction effects on sensitive ecological receptors;

(m)measures to mitigate the construction effects on archaeology and cultural heritage;

(n)landscape and visual mitigation;

(o)measures for the protection of any European or nationally protected species from activities associated with the authorised development;

(p)repeat surveys to be undertaken to confirm the presence of any European or nationally protected species;

(q)measures to mitigate the effects of the activities associated with the authorised development on European or nationally protected species and identified in the surveys required by sub-paragraph (p);

(r)a programme for implementation of the proposed measures required by sub-paragraphs (o), (p) and (q); and

(s)details of the restoration of the Bodmin Moor North Site of Special Scientific Interest including details of all proposed landscape works.

(3) The construction of the authorised development must be carried out in accordance with the CEMP.

(4) Where a European or nationally protected species is shown to be present no authorised development is to commence until a scheme of protection and mitigation measures prepared after consultation between the local planning authority and Natural England has been submitted to and approved by the local planning authority and subsequently the authorised development is to be carried out in accordance with the approved scheme.

(5) “European protected species” has the same meaning as in regulations 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2010(2).

Final surface water drainage

5.—(1) No part of the authorised development is to commence until a scheme for surface water drainage has been submitted to and approved by the local planning authority, in consultation with the Environment Agency.

(2) The scheme must include—

(a)details of the final drainage scheme;

(b)a construction quality control procedure;

(c)provision for surface water overland exceedance flow routes;

(d)plans for the management of surface water from land surrounding the authorised development;

(e)plans for the future management and maintenance of the surface water drainage system; and

(f)details of wetland features in the storage ponds.

(3) The approved scheme must be implemented in its entirety.

Implementation

6.—(1) The authorised development must be carried out within the Order limits and limits of deviation shown on the approved plans.

(2) The authorised development must be carried out in accordance with the illustrative engineering detail shown on the approved plans, unless otherwise approved by the local planning authority.

Landscape and ecology management plan

7.—(1) No part of the authorised development is to commence until a written LEMP has been submitted to and approved by the local planning authority, in consultation with Natural England and the Cornwall AONB Unit.

(2) The LEMP must include, as a minimum, the operational mitigation measures set out in the environmental mitigation schedule and—

(a)details of the landscape and ecological mitigation, and compensation measures to be undertaken; and

(b)details of the management and monitoring of landscape and ecological mitigation, and compensation measures to be undertaken.

(3) The approved LEMP must be implemented in its entirety.

Contaminated land

8.—(1) In the event that contaminated materials are found at any time when carrying out the authorised development which were not previously identified in the environmental statement, it must be reported immediately in writing to the local planning authority and the undertaker must complete a risk assessment of the contamination.

(2) Where the local planning authority determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved by the local planning authority.

(3) Remediation must be carried out in accordance with the approved scheme.

Building and construction materials – highways

9.—(1) No part of the authorised development is to commence until written details of the materials to be used for the surfacing of the new highway have been submitted to and approved by the local planning authority.

(2) The details submitted under sub-paragraph (1) must include provision for the use of low noise road surfacing materials on the highway.

(3) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Building and construction materials – structures

10.—(1) No part of the authorised development is to commence until written details of the building materials to be used for the external facings of all structures, including bridges, retaining walls and culvert sides and headwalls, have been submitted to and approved in writing by the local planning authority.

(2) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Soil

11.—(1) All soil must be removed from any part of the Order land that is to be excavated or traversed by heavy goods vehicles, plant or machinery, or where roads, buildings, plant yards or stores are to be constructed on it; and all such soil must be stored on the site for use in the restoration of the site.

(2) No soil is to be sold or otherwise removed from the Order land unless otherwise approved by the local planning authority.

(3) Any approval given under sub-paragraph (2) does not remove the need to secure any relevant environmental permits under the Environmental Permitting (England and Wales) Regulations 2010(3).

Safeguarding of watercourses and drainage

12.—(1) Provision must be made for the collection, treatment and disposal of all water entering or arising on the Order land during highway construction operations to ensure that there is no discharge of contaminated or polluted drainage to ground or surface waters.

(2) All foul drainage must be discharged to a public sewer or else to a sealed tank, the contents of which must be removed from the Order land in their entirety.

(3) Any chemical, oil or fuel storage container on the Order land must be sited on an impervious surface with bund walls, and the volume of the bunded area must be the equivalent of 110% of the volume of the container and must contain within its curtilage all fill and draw pipes, vents, gauges and sight glasses.

(4) The drainage system of the bund must be sealed with no discharge to any watercourse, land or underground strata.

(5) No part of the authorised development is to commence until a scheme and programme of pollution control measures has been submitted to and approved by the local planning authority, in consultation with the Environment Agency. The scheme must include measures for sediment removal at all drainage outfalls.

(6) The authorised development must be carried out in accordance with the scheme and programme approved under sub-paragraph (5).

Protection of controlled waters

13.—(1) No part of the authorised development is to commence until a scheme for the protection of controlled waters, as defined in section 104 of the Water Resources Act 1991(4) has been submitted to and approved by the local planning authority, in consultation with the Environment Agency.

(2) The approved scheme must be implemented in its entirety.

Archaeology

14.—(1) No part of the authorised development is to commence until a written scheme of archaeological investigation which must include, as a minimum, the archaeological mitigation measures set out in the environmental mitigation schedule has been submitted to and approved by the local planning authority.

(2) The authorised development must be carried out at all times in accordance with the scheme approved under sub-paragraph (1).

(3) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in place and reported to the local planning authority in writing within 3 working days.

(4) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed by the local planning authority.

(5) If the local planning authority is of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the investigation and recording of the remains in accordance with details first submitted in writing to, and approved by, the local planning authority.

Landscaping and planting scheme

15.—(1) No part of the authorised development is to commence until a detailed landscaping scheme has been submitted in writing to, and approved by, the local planning authority, in consultation with Natural England and Cornwall AONB Unit.

(2) The detailed landscaping scheme must include details of all proposed landscape works including—

(a)location, number, species, size and planting density of any proposed planting;

(b)cultivation, importing of materials and other operations to ensure plant establishment;

(c)proposed finished ground levels;

(d)pedestrian footpaths, bridleways and circulation areas;

(e)details of existing trees to be retained, with measures for their protection during construction works; and

(f)plant establishment, maintenance and management arrangements.

(3) All landscaping works must be carried out in accordance with the detailed landscaping scheme approved under sub-paragraph (1).

(4) Any tree or shrub planted as part of the approved detailed landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the local planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species as that originally planted, unless the local planning authority gives consent to any variation.

(5) All hedges and trees forming part of the boundary of the Order land or situated within it (unless shown to be removed in the environmental statement) must be protected from any damage and maintained throughout the authorised development.

(6) If any hedge or tree protected under sub-paragraph (5) is removed, uprooted, destroyed or dies it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.

(7) All areas of the site left undisturbed, and all soil, soil-making material and overburden mounds must be kept free from invasive and noxious weeds throughout the carrying out of the authorised development.

Safeguarding of listed milestone 1142395

16.—(1) No part of the authorised development is to commence until a written scheme for the protection of the grade II listed milestone 1142395 has been submitted to and approved by the local planning authority in consultation with English Heritage.

(2) The authorised development must be carried out at all times in accordance with the scheme approved under sub-paragraph (1).

Post construction monitoring

17.—(1) Before completion of the authorised development a post construction monitoring plan must be submitted to, and agreed by, the local planning authority.

(2) The plan must include monitoring of the effects of the scheme on—

(a)European and nationally protected species;

(b)air quality and emissions levels;

(c)noise levels;

(d)traffic and economic data; and

(e)water quality.

(3) Post construction monitoring must be carried out in accordance with the plan approved under sub-paragraph (1).

Article 8

SCHEDULE 3STREETS SUBJECT TO ALTERATION IN LAYOUT

Article 9

SCHEDULE 4STREETS SUBJECT TO STREET WORKS

Article 12

SCHEDULE 5STREETS TO BE STOPPED UP

PART 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2PRIVATE ACCESSES FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 3STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 4PRIVATE ACCESS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Article 14

SCHEDULE 6ACCESS TO AND FROM WORKS

Article 28

SCHEDULE 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Article 40

SCHEDULE 8DISCHARGE OF REQUIREMENTS

Applications made under requirements

1.—(1) Where an application has been made to the local planning authority for any consent, agreement or approval required by a requirement included in Schedule 2 (requirements), the local planning authority must give notice to the undertaker of its decision on the application within a period of 20 business days beginning with—

(a)the first business day immediately following that on which the application is received by the local planning authority; or

(b)such longer period as may be agreed by the undertaker and the local planning authority.

(2) Where an application has been made under sub-paragraph (1) the local planning authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.

(3) If the local planning authority considers that further information is necessary the local planning authority must, within 5 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

(4) If notification is given under sub-paragraph (3) the undertaker must within 5 business days of receipt of the notification either—

(a)supply the further information requested; or

(b)provide an explanation as to why such a request for further information is unreasonable or cannot be provided.

(5) If the local planning authority does not give the notification mentioned in sub-paragraph (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior written agreement of the undertaker.

Appeals

2.—(1) The undertaker may appeal if—

(a)the local planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

(b)the local planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1;

(c)having received a request for further information under paragraph 1(3) the undertaker considers that either the whole or part of the specified information requested by the local planning authority is not necessary for consideration of the application; or

(d)having received any further information requested, the local planning authority notifies the undertaker that the relevant information provided is inadequate and requests additional information which the undertaker considers is not necessary for the consideration of the application.

(2) The procedure for appeals is as follows—

(a)the undertaker must submit to the Secretary of State a copy of the application submitted to the local planning authority and any supporting documents which the undertaker may wish to provide (“the appeal documents”);

(b)the undertaker must on the same day provide copies of the appeal documents to the local planning authority and the requirement consultee (if applicable);

(c)as soon as is reasonably practicable after receiving the appeal documents the Secretary of State (or persons appointed by the Secretary of State for this purpose) must appoint a person to determine the appeal (“the appointed person”) and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person should be sent;

(d)the local planning authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within 10 business days of the date on which the appeal parties are notified of the appointment of the appointed person and must ensure that copies of their written representations are sent to the undertaker on the day on which they are submitted to the appointed person;

(e)the appeal parties may make any counter-submissions to the appointed person within 10 business days of receipt of written representations under sub-paragraph (2)(d); and

(f)the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3) If the appointed person considers that further information is necessary to enable them to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information must be submitted.

(4) Any further information required under sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information may be submitted to the appointed person and made available to all appeal parties within 10 business days of that date.

Outcome of appeals

3.—(1) On an appeal under paragraph 2, the appointed person may—

(a)allow or dismiss the appeal; or

(b)reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part or not);

and may deal with the application as if it had been made to the appointed person in the first instance.

(2) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed or set by the appointed person under this paragraph.

(3) The appointed person may proceed to a decision even though no written representations have been made within those time limits if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(4) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review within 6 weeks beginning with the date of the decision.

(5) Any approval given by the appointed person under this Schedule is deemed to be an approval for the purposes of this Order as if it had been given by the local planning authority.

(6) Except where a direction is given under sub-paragraph (7) requiring the costs of the appointed person to be paid by the local planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(7) On application by the local planning authority or the undertaker, the appointed person may give directions as to costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is made, the appointed person must have regard to the Planning Practice Guidance published by the Department for Communities and Local Government on 6th March 2014 or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 8

4.  In this schedule—

“the appeal parties” means the local planning authority, requirements consultee and the undertaker;

“business day” means Monday to Friday excluding bank holidays; and

“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted in discharging that requirement.