Application by Roxhill (Kegworth) Limited for the proposed ...

1 Application by Roxhill (Kegworth) Limited for the proposed East Midlands Gateway Rail Freight Interchange (Ref. TR050002) Actions arising from issue specific hearing dealing with matters in relation to the draft Development Consent Order (DCO), held on 4 February 2014 at the IGEM Conference Centre, Kegworth The table comprising this document summarises the actions from the first issue specific hearing dealing with matters in relation to the draft DCO. It should be read in conjunction with the agenda notes produced in advance of the hearing. All of the actions are for consideration in a revised version of the draft DCO and accompanying Explanatory Memorandum requested to be submitted to Deadline IV (6 March 2015) in the examination timetable. Separately, the Examining Authority requested for two additional submissions to be provided before or to the same deadline: 1. Explaining and justifying the approach to implementing relevant highway works through agreements under section 278 of the Highways Act 1980 (see Schedule 13, Part 5 in table); and 2.

2 Setting out all of the plans, schemes etc referred to in Schedule 2 of the draft DCO (Requirements), explaining how they relate to each other and who is responsible for their approval ( see requirements 18 and 19 in table). Agenda item Action By Articles 2: Interpretation Delete reference to associated companies . Marrons Shakespeares (MS) for the Applicant 4: Parameters of authorised development Delete convenient in (b)(ii). Provide limits of deviation downwards. MS 5: Authorisation of use Provide justification for the undertaker and any persons authorised by them (in updated Explanatory Memorandum (EM)). Apply justification to all aspects of the authorised development. MS 7: Benefit of the Order Delete reference to associated companies . MS 8: Application and modification of legislative provisions Cross-reference to Articles 17, 18, 19, 26 and 28 and Schedule 9 to reflect revocation, variance and/or modification of existing legislation.

3 Provide justification for permitted development rights in updated EM. Choose signage or adverts and reflect consistently in draft Order. MS 9: Power to alter layout, etc., of streets Separate highway works (NSIP 2, NSIP 3 and the Kegworth Bypass) to remove general power and apply Article 9 to main site only. MS 11. Stopping up of streets Delete [street]. MS 12. Public rights of way Delete 1 at end of line 2 in (3). MS 16. Classification of roads; 17. Speed limits; 18. Amendments to traffic regulation orders; 19. Clearways and no waiting and 20. Motor vehicle restrictions Highways Agency (HA) to provide written submission to MS regarding drafting of Articles 16-20, and the draft Order in general, in time to inform MS submissions to Deadline IV. HA 21. Agreements with the highway authorities Consider need for provision and associated flexibility. MS 24: Compulsory acquisition of land and rights Consider specifying plot numbers.

4 MS 25: Power to override easements and other rights Change of to if in (1) line 3. MS 27: Time limit for exercise of authority to acquire land and rights compulsorily Cross-reference to Article 30(3). MS 30: Temporary use of land for carrying out the authorised development Consider specifying plot numbers. MS 32: Operation and use of railways Delete reference to associated companies in Article 2 to resolve. MS 38: Certification of Consider provision of definitions for (c), (g) and (h) in MS plans etc. Article 2. Schedule 1 12 (excluding Schedule 2) Schedule 1 Title Change reference to Article 3(1). MS Work no. 1 Consider relationship of (a) and (c) and redraft accordingly. MS Work no. 2 Consider use of gateways and define as appropriate. MS Work no. 3 Consider and clarify extent of powers in relation to (f) and implications in relation to environmental assessment. MS Work no. 5 Provide definition of totem.

5 MS Work no. 8 Delete (T) in (2). Insert form in (2)(b). Specify general improvements in (3)(c). MS Work no. 10 Revise brackets in (4). MS Work no. 11 Change offline to accommodation in (5). MS Work no. 13 Complete sentence in (2). Change alteration to alterations in (3). MS Further site-wide development Consider narrowing definitions in (f) and cross-reference to specific works. Provide emerging Statement of Common Ground with the Environment Agency, including details of foul drainage provision in (f) and implications in relation to environmental assessment. MS Schedule 5 Part 1: Column 4, row 2 Include cycle track in heading to reflect entry in column 4, row 7. MS Schedule 8 Part 1: Columns 1 and 2, row 5 Insert year and SI number for Order relating to A453 and A50. MS Schedule 13 Part 2: For the protection of East Midlands Airport Include document cited in Article 38. MS Part 3: For the protection of Derwent Valley Aqueduct Include document cited in Article 38.

6 MS Part 4: For the protection of railway interests Consider enforceability and redraft as appropriate. MS Part 5: For the protection of the HA Prepare and provide submission to examination explaining justification for implementing highway works to be approved by the order (NSIP 2, NSIP 3 and the Kegworth Bypass) through freestanding s278 agreements rather than as part of the Order itself. MS/HA/Leicestershire County Council (LCC) Part 6: For the protection of Leicestershire County Council as highway Consider effect of drafting and cross-reference to Highways Works Components Plan. MS Authority Draft s278 agreements With the Secretary of State for Transport Populate with annexes. Consider consistency in use of undertaker and developer . Specify works to which s278 agreement applies. MS Draft s38/s278 agreement with Leicestershire County Council With the LCC Update Schedule 13 of draft Order to reflect nature of agreement between LCC and the Secretary of State for Transport.

7 Cross-reference works in s278 agreement to Highways Works Components Plan. MS Schedule 2: Requirements 1: Interpretation Consider redraft of definition of commence and delete elements as appropriate. MS 3: Phases of development Consider redraft, deleting broadly and approach to . Consider deletion of from time to time . MS 4: Design and phasing of highway works Specify details referred to. MS 5: Design and phasing of highway works Agree referencing with local authorities. Provide definition for GIA . MS/North West Leicestershire District Council (NWLDC) 6: Detailed design approval Provide redraft to examination reflecting suggested wording in relation to requirements 2 and 5. MS 7: Detailed design approval Change shall to must . MS 8: Provision of landscaping Consider expansion of (e) to read arrangements, including methods of funding, for future monitoring, review and maintenance . MS 9: Implementation and maintenance of landscaping Agree with local authority redraft suggested by Examining Authority in agenda appendix.

8 MS/NWLDC 10: Ecological management plan Consider drafting and relationship with Environmental Statement. Include document cited in Article 38. MS 11: Construction environmental management plan Make clear where mitigation measures are temporary. Redraft final paragraph to reflect wording suggested by Examining Authority in agenda appendix. MS 12: Earthworks Redraft to reflect wording suggested by Examining Authority in agenda appendix. MS 13: Archaeology Redraft to reflect wording suggested by Examining Authority in agenda appendix. MS 14: Lighting details Redraft to make clear lighting details relate to operational phase only. MS 15 Building Sustainability Consider inclusion of reference to photovoltaics when redrafting. MS 16: Flood risk and surface water drainage Redraft to make clear different jurisdictions of three agencies. MS 17: Flood risk and Redraft to reflect wording suggested by Examining MS surface water drainage Authority in agenda appendix.

9 18: Flood risk and surface water drainage Provide submission to examination explaining relationship between construction working method statement and CEMP/ecological management plan etc, identifying: their location in the Application ; whether they are subject to requirements; the relevant discharging body; and monitoring arrangements. MS 19: Flood risk and surface water drainage Provide submission to examination explaining relationship between floodplain compensation scheme and CEMP/ecological management plan etc, identifying: their location in the Application ; whether they are subject to requirements; the relevant discharging body; and monitoring arrangements. MS 20: Foul water drainage Redraft to reflect wording suggested by Examining Authority in agenda appendix. MS 21: Construction hours Resolve times provided in square brackets. MS 22. Construction noise Specify location within Environmental Statement where noise sensitive receptors are defined and who enforces this.

10 MS 23: Noise during the operation phase Redraft to clarify baseline issue and provide amended wording to examination. MS 24: Monitoring and complaints Redraft to reflect amendments to Requirement 23. MS 25: Contamination risk Consider exclusion of demolition . Consider role of Environment Agency in relation to runoff to MS watercourses. General matters relating to the Requirements Amend wording in requirements to make explicit matters referred to in agenda appendix. Make explicit that permitted development rights not controlled by requirements. MS Draft Development Consent Obligation (DCOb) Draft DCOb Nottinghamshire County Council General Clarify difference between developer and undertaker and relevance to draft DCOb. Change Schedule A to Schedule 1 in paragraph 5. Explain and justify relationship between the Roxhill scheme and traffic issues at Kingston Crossroads, incorporating evidence from Transport Assessment.