Environmental impact assessment consent decision · 1.1 This is an environmental impact assessment...

Harbours Act 1964 Marine and Coastal Access Act 2009 Food and Environment Protection Act 1985 Hinkley Point C – Jetty development Environmental impact assessment consent decision

Contents 1. Executive summary ................................................................................................ 1 2. Introduction ............................................................................................................ 1

Approach to imposition of conditions ..................................................................... 2 Matters considered ................................................................................................ 2

3. Background ............................................................................................................ 3 Pre-application stage ............................................................................................. 3 Applications made to the MMO .............................................................................. 3 Application made to the Department of Energy and Climate Change .................... 3 Hinkley Point C new nuclear power station ............................................................ 3

4. Environmental impact assessment ......................................................................... 4 The legal framework............................................................................................... 4 The process ........................................................................................................... 4

5. Consultation and public inquiry .............................................................................. 5 First consultation .................................................................................................... 5 Amended application ............................................................................................. 6 Calling of the public inquiry .................................................................................... 6 The ESA and HRA report consultation ................................................................... 7 The public inquiry ................................................................................................... 7 Following the public inquiry .................................................................................... 8

6. Human beings ........................................................................................................ 8 Traffic ..................................................................................................................... 8 Noise and light disturbance .................................................................................. 10 Public rights of way .............................................................................................. 10 Wildfowling ........................................................................................................... 11 Fishing and shore angling .................................................................................... 12 Navigation ............................................................................................................ 12 Radioactivity and the Green Audit papers ............................................................ 12 Well-being ............................................................................................................ 13 Unexploded ordnance .......................................................................................... 13

7. Fauna and flora .................................................................................................... 14 Marine ecology ..................................................................................................... 14 Terrestrial ecology ............................................................................................... 14 Ornithology ........................................................................................................... 15

8. Soil, water, air, climate and the landscape ........................................................... 16 Geology ................................................................................................................ 16 Pollution ............................................................................................................... 16 Drainage .............................................................................................................. 17 Fossil beach ......................................................................................................... 17 Air quality ............................................................................................................. 18 Landscape ........................................................................................................... 18

9. Material assets and the cultural heritage .............................................................. 19 Marine historic environment ................................................................................. 19 Terrestrial historic environment ............................................................................ 20 Shurton Bars ........................................................................................................ 20

10. Conclusion ......................................................................................................... 21 Scope of the ES and the ESA .............................................................................. 21 Impact assessment .............................................................................................. 21

Appendix 1: HEO conditions .................................................................................... 22 Appendix 2: Construction licence conditions ............................................................ 39 Appendix 3: Dredging licence conditions .................................................................. 42

Marine Management Organisation Hinkley Point C – Jetty development Environmental impact assessment consent decision

1. Executive summary

1.1 This is an environmental impact assessment consent decision for the three applications submitted by NNB Generation Company Limited (company number: 06937084) (the applicant) to the Marine Management Organisation (the MMO) in connection with the proposed creation of a harbour and harbour authority comprising a jetty and some terrestrial works at Hinkley Point, Somerset (the jetty development). 1.2 The purpose of this report is to explain the process by which the MMO has assessed and determined the potential environmental impact of the jetty development and to record the MMO's environmental impact assessment decision. 1.3 The MMO has determined that the environmental impacts of the jetty development have been adequately identified, described and assessed and that mitigation can be secured which would be sufficient to allow the three applications to be approved. 2. Introduction 2.1 This document is the MMO's environmental impact assessment (EIA) consent decision in respect of the jetty development. 2.2 The MMO's findings on the environmental impact assessment are set out in this EIA consent decision. This has been divided into the following sections: • Background – a summary background of the jetty development (section 3) • Environmental impact assessment – a summary of the environmental impact

assessment legislation and procedure (section 4) • Consultation and public inquiry – a summary of the consultation process

undertaken in respect of the applications and of the inquiry called to inform the MMO's determination (section 5)

• Human beings – the MMO's conclusions of the impacts on human beings (section 6)

• Fauna and flora – the MMO's conclusions of the impacts on these considerations (section 7)

• Soil, water, air, climate and landscape – the MMO's conclusions of the impacts on these considerations (section 8)

• Material assets and the cultural heritage – the MMO's conclusions of the impacts on these considerations (section 9)

• Conclusion – the MMO's overall conclusion on the environmental impact assessment (section 10).

2.3 Some matters do not easily fall into one category or another or may fall into more than one category. Where relevant, cross-references between sections have been used to guide the reader. 2.4 The interactions between these factors have been included throughout these sections at relevant points.

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2.5 The restrictions to be imposed on the jetty development are included in the appendices to this EIA consent decision rather than being listed individually within the impacts sections as some conditions would mitigate more than one impact. Approach to imposition of conditions 2.6 This EIA consent decision relates to the HEO application, construction licence application and dredging licence application. 2.7 With regards to the construction licence application and the dredging licence application, the imposition of conditions would be a straightforward matter. Conditions are regularly imposed on marine licences and such conditions may cover a wide variety of matters. 2.8 With regards to the HEO application, the imposition of conditions is slightly different because, historically, various approaches have been taken to the imposition of conditions in harbour orders. 2.9 One approach has been to allow conditions to be imposed by way of bilateral or multilateral agreements between the promoter of the harbour order and the interested parties. 2.10 Another approach has been to place conditions in a schedule to the harbour order and to include provision saying that the conditions shall be deemed to be conditions subject to which a planning permission was granted under the Town and Country Planning Act 1990. 2.11 The MMO is of the view that the latter approach is to be preferred and it is this approach which the MMO has taken in this EIA consent decision. Matters considered 2.12 Some representations made were resolved or withdrawn prior to or during the inquiry while others were maintained throughout. The MMO has not sought to recite the detail of each representation or of all the evidence presented to the inquiry. Instead, throughout this EIA consent decision, references are made to the inquiry report, to representations made and to evidence given to the inquiry at appropriate locations.

2.13 Reference is also made to a binding agreement signed between West Somerset Council and the applicant during the inquiry (the binding agreement) which contains provisions intended to restrict the jetty development should consent be granted. 2.14 In reaching a conclusion the MMO has, among other things, considered: • the information presented by the applicant in the ES, ESA and the HRA report • the advice of the authorities consulted by the MMO • the representations made by all other parties • and the findings of the inspector.

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3. Background Pre-application stage 3.1 On 18 March 2010, the applicant sought the MMO's opinion as to whether an environmental impact assessment (EIA) would be required in connection with the jetty development and on the scope of such an assessment. 3.2 On 7 June 2010, the MMO issued an opinion to the applicant confirming that an EIA was required and detailing matters which should be considered in the assessment. Applications made to the MMO 3.3 In December 2010, the applicant submitted three applications to the MMO regarding the jetty development. These comprised applications for: • a harbour empowerment order under section 16 of the 1964 Act which sought

authorisation for the creation of a harbour and the establishment of a temporary harbour authority with powers to operate the jetty and surrounding area (the HEO application)

• a marine licence under Part 4 of the 2009 Act which sought authorisation for the construction of the jetty (the construction licence application)

• a marine licence under Part 4 of the 2009 Act which sought authorisation for the dredging of material from a berthing pocket alongside the jetty and the disposal of that material at sea (the dredging licence application)1.

3.4 The applicant also submitted an environmental statement (the ES) with the applications and later supplied an addendum to the environmental statement (the ESA) and a report containing information to support a Habitats Regulations assessment (the HRA report). Application made to the Department of Energy and Climate Change 3.5 In December 2010, the applicant applied to the Department of Energy and Climate Change (DECC) for an order under the Transport and Works Act 1992 (the TWAO application). The TWAO application sought the compulsory acquisition of land or interests in land to be used for the jetty development. Hinkley Point C new nuclear power station 3.6 The jetty development is connected with the proposed construction of a new nuclear power station, Hinkley Point C (HPC). 3.7 The applicant proposes to use the jetty development to facilitate the delivery by sea of bulk materials such as aggregate and cement to be used in the construction

1 The construction licence application and dredging licence application were originally made under the Food and Environment Protection Act 1985 but, on 6 April 2011, the relevant licensing provisions of that act were replaced by those of the 2009 Act and the applications now have effect as applications for marine licences under the 2009 Act.

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of HPC. However, the jetty development is independent of HPC to the extent that one may be approved and the other not. 3.8 HPC is currently the subject of an application for an order granting development consent made by the applicant under the Planning Act 2008 (reference EN010001) (the DCO application). At the time of writing, the DCO application is undergoing examination by the Planning Inspectorate. 3. 9 A recommendation is expected to be made by the Planning Inspectorate to the Secretary of State in Q4 2012 and a decision is expected by the Secretary of State in early 2013. 3.10 The DCO application also seeks authorisation for the jetty development and the environmental assessments undertaken for the DCO application encompass all the HPC works and the jetty development works. 3.11 The applicant has indicated that in the event the MMO approves the HEO application, construction licence application and dredging licence application, then the applicant will request an amendment to the DCO application such that it no longer seeks authorisation for the jetty development. 3.12 Alongside the jetty development, the applicant plans to carry out site preparation works involving site clearance, earthworks, excavations, drainage and establishment works ahead of the main development (the site preparation works). Planning permission has been granted by West Somerset Council for the site preparation works (reference 3/32/10/037). 3.13 The jetty development is to be removed once it is no longer required.

4. Environmental impact assessment The legal framework 4.1 Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) aims to protect the environment and the quality of life by ensuring that projects which are likely to have significant environmental effects by virtue of their nature, size or location are subject to an environmental impact assessment before permission is granted. 4.2 The Harbours Act 1964 and the Marine Works (Environmental Impact Assessment) Regulations 2007 transpose the EIA Directive into UK law for harbour empowerment order (HEO) and marine licence applications respectively. The process 4.3 Article 3 of the EIA Directive provides that an environmental impact assessment (EIA) shall identify, describe and assess in an appropriate manner, the direct and indirect effects of a project on the following factors: • human beings, fauna and flora • soil, water, air, climate and the landscape

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• material assets and the cultural heritage • the interaction between the above factors. 4.4 The EIA is a process which begins with a determination of whether such an assessment is required for a given project. This determination is made with reference to lists of project types given in Annexes I and II of the EIA Directive. This stage is termed screening. 4.5 Should it be determined that an EIA is required, the next stage will be to identify what the assessment should consider. This stage is termed scoping. 4.6 Following this, the applicant for the consent in question will prepare an environmental statement. Among other things, the environmental statement will include: • a description of the project comprising information on the site, design and size of

the project • a description of the measures envisaged in order to avoid, reduce and, if

possible, remedy significant adverse effects • the data required to identify and assess the main effects which the project is likely

to have on the environment • a non-technical summary of the above information. 4.7 Where harbour orders and marine licences are sought, the applicant will submit the environmental statement alongside their application for consent. 4.8 The MMO will then consult those authorities likely to be concerned by the project by reason of their specific environmental responsibilities and will cause the public to be informed by way of public notices and to be given opportunity to make representations. 4.9 Ultimately, the MMO will make an EIA consent decision. This is a record of the MMO's findings the impacts of the project in question and takes into account the environmental statement, the consultation responses and public representations and any other relevant information. 5. Consultation and public inquiry

First consultation 5.1 On 10 December 2010, notices were placed in the London Gazette and the West Somerset Free Press advertising a period of 42 days for representations to be made about the HEO application, construction licence application and dredging licence application. These notices ran in the West Somerset Free Press again on 17 December 2010. 5.2 At this time, the MMO also consulted directly with various organisations including the local authorities and various statutory bodies.

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5.3 The closing date for representations was 21 January 2011 and the MMO received representations from 42 different persons or organisations. These included: • a joint response from West Somerset Council and Sedgemoor District Council • Somerset County Council • Stogursey Parish Council • Bridgwater Town Council • the Environment Agency • Natural England • the Countryside Council for Wales • English Heritage • the Maritime and Coastguard Agency • the Ministry of Defence • the Welsh Government • the Devon and Severn Inshore Fisheries and Conservation Authority (at the time,

the Devon Sea Fisheries Committee) • Trinity House • Royal Yachting Association • the Royal Society for the Protection of Birds • the Bristol Port Company • Devon and Somerset Fire and Rescue Service • Avon and Somerset Constabulary • the Fairfield Estate • Forum 21 • Stop Hinkley • the Quantock Hills AONB Service • the British Association for Shooting and Conservation • the Bridgwater Bay Wildfowling Association • the Burnham Boat Owners Sea Angling Association. 5.4 The MMO also received representations from various members of the public.

Amended application 5.5 On 11 May 2011, the applicant submitted an amended version of the HEO application to the MMO. Calling of the public inquiry 5.6 On 20 May 2011, the MMO and DECC wrote to the Planning Inspectorate to request the engagement of an inspector to hold a local public inquiry to inform the MMO's determination of the HEO application, the construction licence application and the dredging licence application and DECC's determination of the TWAO application. 5.7 At this time, the MMO also wrote directly to all parties who had made representations following the earlier notice to inform them of the public inquiry and asking for statements of case to be submitted by 29 July 2011.

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The ESA and HRA report consultation 5.8 On 15 June 2011, the applicant submitted the ESA and the HRA report. 5.9 On 17 June 2011, a notice was placed in the London Gazette and the West Somerset Free Press advertising a period of 42 days for representations to be made about the amended version of the HEO application, the ESA and HRA report. This notice ran in the West Somerset Free Press again on 24 June 2011. 5.10 At this time, the MMO also wrote directly to all parties who had made objections or representations following the earlier notice to inform them of the amendments made to the HEO application and additional documentation. 5.11 The closing date for representations about the amended version of the HEO application, the ESA and HRA report was 29 July 2011. The public inquiry 5.12 On 26 August 2011, the MMO published a statement of matters setting out those matters which the MMO wished to be the focus of the inquiry for the purpose of informing its consideration of the HEO application, construction licence application and dredging licence application. These matters were:

• whether the need for the HEO, construction licence and dredging licence to be

granted separate to and ahead of the DCO application has been sufficiently demonstrated

• whether (and if so, how) the powers to be granted by the HEO should reflect the temporary nature of the jetty development

• how any specified removal of any constructed jetty and harbour development forming part of the jetty development should be given effect and whether any rights should be included in the HEO for the purposes of such removal

• whether all of the powers contained in the HEO are required by the applicant in order to secure satisfactory implementation of the jetty development or for any works otherwise authorised and ancillary to such works

• the likely impacts of the exercise of the powers contained in the HEO on the owners and occupiers of premises and land in respect of which such powers would be conferred, and on any other persons with rights over that land, including their ability to carry out their businesses effectively or fulfil any statutory responsibilities

• whether the measures proposed by the applicant are appropriate and sufficient to mitigate potential adverse effects of the jetty development, particularly with regards to:

o the need to protect the marine environment o the need to protect human health o the need to prevent interference with legitimate uses of the sea

• whether the measures proposed by the applicant are appropriate and sufficient to mitigate potential adverse effects of the jetty development in light of concerns raised by those persons and bodies who have made objections to or representations about the applications, particularly with regards to:

o noise o lighting

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o recreation and access o landscape o navigation o ornithology o the marine environment

• whether the making of the HEO is desirable in the interests of facilitating the efficient and economic transport of goods by sea.

5.13 Also on 26 August 2011, DECC published a statement of matters setting out those matters about which the Secretary of State wished to be the focus of the inquiry for the purpose of informing his consideration of the TWAO application.

5.14 On 8 September 2011, a pre-inquiry meeting was held at the Exchange, Bridgwater in which the inspector set out the timetable to be followed at the inquiry. 5.15 On 15 November 2011, the public inquiry commenced. It ended on 2 December 2011. 5.16 On 7 February 2012, the MMO and DECC received a report containing the inspector's findings and recommendations following the public inquiry (the inquiry report). Following the public inquiry 5.17 Following the inquiry, the MMO reviewed the inquiry report and the evidence presented to the inquiry. 5.18 On 14 May 2012, the MMO wrote to the applicant and the Rule 7 parties to the inquiry informing them of changes the MMO was minded to make to the harbour empowerment order should it approve the HEO application. 5.19 Also following the public inquiry, the MMO received further representations and updates on matters from some parties. This included a suggested update to some conditions agreed between the applicant and English Heritage arising from the passage of time since the inquiry (see Marine historic environment, paragraphs 9.1 to 9.7). This also included a copy of a further Green Audit report (see Radioactivity and the Green Audit papers, paragraphs 6.36 to 6.41). 6. Human beings Traffic 6.1 The construction phase of the jetty development would lead to an increase in traffic on the roads leading to Hinkley Point. This was considered at the inquiry with Stogursey Parish Council, Cannington Parish Council, Stop Hinkley and the Save Cannington Action Group being among those giving evidence on the matter. 6.2 In the inquiry report, the inspector considered the issue of traffic when looking at the need and benefits of the jetty development.

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6.3 The inspector noted that the intention of the jetty development was to facilitate the importation of bulk materials to be used in the construction of HPC. The inspector noted that this material brought in by sea: "...would equate to 250,000 HGV movements taken off the roads by the use of the jetty, a saving of 23%; with some 13,665 HGV movements to construct and decommission the jetty, the net saving would be 236,335 HGV movements or up to 1,000 HGVs per week. The estimated gross saving in HGV km travelled, using local sources for materials, would be 100km per trip on average, or 25 million kilometres, with savings in HGV emissions, highway maintenance, congestion and potential road accidents."2 6.4 However, the inspector noted that the jetty development must also be considered in the situation where consent for HPC is not given. In this case: "some 13,665 extra HGV movements would have taken place to no avail, with harmful impacts on HGV emissions, highway maintenance, congestion and potential road accidents."3 6.5 In conclusion, the inspector found that: "If the jetty were developed but not HPC, there would be environmental harm. However, the harm would exist to a much lesser degree and over a much shorter period than the very substantial gains that would be achieved if the jetty were developed and it operated to assist the construction of HPC."4 6.6 In addition, the binding agreement contains provision relating to traffic obligations. In particular, this would limit the number of HGV movements and the routes they would use in travelling to or from the site. The inspector recommends that a similar provision be implemented as a condition in the HEO5. 6.7 The MMO considers that the potential benefits of the jetty development in reducing traffic impacts from the construction of the HPC far outweigh the potential harm that would be caused by traffic impacts arising from the jetty development. 6.8 The MMO also concurs with the inspector's recommendation that the provision of the binding agreement be implemented as a condition in the HEO and concludes that the likely traffic impacts of the jetty development would be acceptable. 6.9 It should be noted that some parties also made representations to the effect that more material should be brought in by sea for the construction of HPC than is currently proposed by the applicant and that some mechanism should be put in place to ensure this.

2 Inquiry report, paragraph 369. 3 Inquiry report, paragraph 371. 4 Inquiry report, paragraph 372. 5 Inquiry report, paragraph 457.

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6.10 The MMO has considered these points and concludes that these are not matters which fall within the scope of the HEO application, construction licence application or dredging licence application. Noise and light disturbance 6.11 During consultation, the MMO received representations from various parties about the noise and light disturbance likely to be generated by the jetty development. In particular, concerns were raised about noise pollution and the impact this could have on local residents, especially at night. 6.12 These matters were considered at the inquiry with Stogursey Parish Council, among others, giving evidence. In addition, the binding agreement contains provisions relating to noise and light disturbance matters. 6.13 These provisions place limitations on working and delivery hours and the hours in which vehicles may be used on site. They prohibit the use of amplified sound onshore and require the details of the foghorn to be agreed with the local planning authority prior to installation. 6.14 Provision is also made in the binding agreement to limit the noise emitted during construction of the development. This is of particular concern to local residents who were concerned about the impacts of piling noise. This is especially so at night as 24 hour working would be required for the offshore works. 6.15 Further provision is made in the binding agreement as to the level of noise emitted from the use of the development and also requiring a noise and vibration management plan to be submitted for the approval of the local planning authority before commencement of the development. 6.16 The binding agreement also makes provision to require details of any lighting to be installed and the use of that lighting to be submitted for the approval of the local planning authority prior to installation. 6.17 In the inquiry report, the inspector considered the provisions set out in the binding agreement regarding noise and light disturbance. The inspector was satisfied with the provisions agreed and in particular considered that noise levels of 60, 50 and 40 dB LAeq 1hr for daytime, evening and night time respectively would be acceptable and would be in line with guidance6. 6.18 The MMO concurs with the inspector's findings and is satisfied that, with the implementation of such conditions, the jetty development is not likely to cause significant noise or light disturbance. Public rights of way 6.19 During consultation, the MMO received representations from various parties about alterations to public rights of way that would take effect should the HEO

6 Inquiry report, paragraph 427 and paragraphs 429 to 439.

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application be approved. Some of these points have been dealt with under other sections, for example, the sections below on wildfowling and angling. 6.20 There is an overlap between the amendments to footpaths and so on sought via the HEO application and those sought via the site preparation works although the diversions authorised by the site preparation works are more extensive than those sought specifically for the jetty development. 6.21 In the inquiry report, the inspector notes the second schedule of the binding agreement7. This provides for a payment to Somerset County Council for the carrying out of works relating to public rights of way should the HEO application be approved. A similar, more extensive, agreement is in place for the site preparation works8. 6.22 The inspector concludes that the proposed arrangements for the public rights of way would be satisfactory9. 6.23 The MMO concurs with the inspector's findings and concludes that the proposed arrangements are satisfactory. Wildfowling 6.24 The Bridgwater Bay Wildfowling Association (the BBWA) and the British Association for Shooting and Conservation made representations to the MMO about the potential for the jetty development to impact on local wildfowling activities. The BBWA also gave evidence on this matter to the inquiry. 6.25 In the inquiry report, the inspector noted the importance of the foreshore near Hinkley Point which is an excepted area for wildfowling and the BBWA's view that this foreshore is unique nationally. 6.26 However, the inspector also noted that the jetty development "would not obstruct access to and egress from the foreshore excepted area" and that there "would be no impact on pedestrian access along the foreshore during the operational phase"10. 6.27 The BBWA also raised concerns that wildfowlers would have to walk longer distances carrying heavy equipment in the event that development proceeded. As a result, they requested provision of a new parking area on the C182 which could be used for all parties wishing to gain access to the foreshore. 6.28 The inspector considered that these concerns arose, for the most part, from the site preparation works authorised by the local planning authority rather than from the

7 Inquiry report, paragraph 55. 8 Inquiry report, paragraph 395. 9 Inquiry report, paragraph 397. 10 Inquiry report, paragraph 398.

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jetty development and that this was not something that the applicant could be required to provide as a consequence of the jetty development11. 6.29 The MMO concurs with the inspector's findings and is satisfied that the jetty development is not likely to significantly affect wildfowling activities and considers that the provision of a new parking area could not be required as a result of the jetty development. Fishing and shore angling 6.30 The Burnham Boat Owners Sea Angling Association made representations to the MMO about the potential for the jetty development to impact on local angling activities but did not appear at the inquiry to give evidence. 6.31 The MMO has considered the information presented in the ES, ESA and HRA report and the additional information presented to the inquiry and is satisfied that the jetty development is not likely to significantly affect fishing or shore angling activity. Navigation 6.32 The Royal Yachting Association (the RYA) made representations to the MMO about the proposed power to make general and special directions to control vessel movements. The RYA objected to this power unless express provision was made for consultation with the RYA prior to general directions being issued. 6.33 In the inquiry report, the inspector concluded that the power to make general and special directions "would be appropriate for reasons of safety and security" and that there "would be no significant detriment to navigation and associated activity as a result of the jetty proposals"12. 6.34 The MMO has considered the representations made and concurs with the inspector's findings with regards to the power to make general and special directions. 6.35 Other parties also made representations to the MMO about navigational matters. The MMO has considered the representations made and is satisfied that the changes proposed to be made to the HEO before and during the public inquiry adequately address the points made. Radioactivity and the Green Audit papers 6.36 In January 2011, Green Audit published an occasional paper entitled 'Evidence of significant enriched uranium atomic fuel contamination of the Hinkley Point proposed nuclear site in Somerset and its potential implications'. 6.37 Copies of the Green Audit paper and representations referring to the possibility of enriched uranium contamination in the area around Hinkley Point were sent to the MMO during the consultation period. This issue was also considered at the inquiry. In May 2012, following the inquiry, Green Audit published a further occasional paper

11 Inquiry report, paragraph 399. 12 Inquiry report, paragraph 394.

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entitled 'Measurements of radiation dose rates, radionuclides and other contaminants on EDF Energy's site for the proposed Hinkley Point C Nuclear Power Station'. A copy of this report was forwarded to the MMO by one of the authors of the paper, Ms Collingridge. 6.38 Ms Collingridge also appeared at the inquiry to give her views on the possibility of radioactivity impacts arising from the jetty development. 6.39 In the inquiry report, the inspector noted Planning Policy Statement 23: Planning and Pollution Control says that: "Planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced." 6.40 The inspector also noted soil sampling and analysis work undertaken by the Environment Agency following the first Green Audit paper which found that no enriched uranium was present and that levels of uranium found were at naturally occurring levels. The inspector concluded that there was no reason to disagree with the findings of the Environment Agency13. 6.41 The MMO concurs with the inspector's findings and is satisfied that the jetty development is not likely to disturb enriched uranium and that radioactivity is unlikely to present an impact. Well-being 6.42 In the inquiry report, the inspector noted that one of the parties, Ms Collingridge, had argued that perception and fear are material considerations to be taken into account. 6.43 The inspector acknowledged that this is true but notes that "the weight to be accorded to them in the decision-making process depends on many factors". He explains that one of these is the actual level of harm posed by the development; another is the likely benefit that would arise. The inspector continues by noting how few public objections were raised and concludes that it does not appear that there is an undue level of perception of harm14. 6.44 The MMO concurs with the inspector's findings and is satisfied there is unlikely to be an impact on well-being from the perception of harm. Unexploded ordnance 6.45 In the inquiry report, the inspector noted that one of the parties, Ms Collingridge, had argued that there had not been an assessment of the risks posed by the potential for unexploded ordnance in Bridgwater Bay.


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6.46 However, the inspector also noted that the applicant were aware of the risks and would undertake further surveys before any intrusive marine works and concluded that a condition requiring a risk assessment was unnecessary. 6.47 The MMO concurs with the inspector's findings and does not consider conditions necessary with regards to unexploded ordnance. 7. Fauna and flora Marine ecology 7.1 For the most part, the MMO considers that the potential impacts on marine ecology have been adequately addressed in the ES and ESA and the MMO is satisfied that the residual impacts would be of either negligible or minor significance. 7.2 However, the jetty development would be located in the Severn Estuary Special Area of Conservation and the Severn Estuary Ramsar site and Natural England raised concerns about the potential impact of the jetty development on some of the interest features of these sites. In particular, Natural England expressed concern about the protected Corallina turf which exists on the foreshore. 7.3 In the inquiry report, the inspector notes the applicant gave evidence to say that the jetty has been designed as an open-piled structure set at an oblique angle to the inter-tidal zone and that this would minimise impacts on hydrodynamic processes15. The applicant also stated that the proposed location has been chosen to minimise impacts on Corallina which is less abundant in this area than in others16. 7.4 The inspector notes that "a large measure of agreement" was reached between the applicant and Natural England on such matters17. The inspector goes on to recommend conditions be added to the construction marine licence and dredging marine licence which would ensure adequate safeguards against potential harm18. 7.5 The MMO considers that, with such conditions, the potential for impacts on marine ecology has been adequately addressed. 7.6 Further information on marine ecology impacts and the special area of conservation and Ramsar site is set out in the MMO document entitled Hinkley Point C – Jetty development, record of Habitat Regulations assessment. Terrestrial ecology 7.7 The binding agreement contains provisions relating to terrestrial ecology. 7.8 These provisions require an ecological mitigation and monitoring plan, a habitat management plan and a plan identifying trees and hedgerows to be maintained to be

15 Inquiry report, paragraph 86. 16 Inquiry report, paragraph 87. 17 Inquiry report, paragraph 385. 18 Inquiry report, Appendix 2.

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submitted for the approval of the local planning authority before development commences. 7.9 Further provision is made requiring development and works to be carried out in accordance with the site preparation works ecological method statement and for a construction and environmental management plan to be submitted for the approval of the local planning authority before development commences. 7.10 In the inquiry report, the inspector recommends such provisions be imposed as conditions in the HEO19. 7.11 The MMO considers that, with such conditions, the potential for impacts on terrestrial ecology has been adequately addressed. 7.12 Further information on terrestrial ecology impacts and the special areas of conservation is set out in the MMO document entitled Hinkley Point C – Jetty development, record of Habitat Regulations assessment. Ornithology 7.13 The jetty development would be located in or near the Severn Estuary Special Protection Area, the Severn Estuary Ramsar site and the Somerset Levels and Moors Special Protection Area. 7.14 In the inquiry report, the inspector noted that the main issue of concern with regards to ornithology was the potential effect on shelduck which could arise if the jetty development were to operate at the same time as the proposed operations at Combwich Wharf on the River Parrett20. 7.15 Natural England made a substantial contribution to the inquiry about the potential for impacts on shelduck and said that in their view a shelduck monitoring and mitigation scheme would be necessary. Natural England contended that such a scheme should be submitted to and approved by the MMO before the jetty development commenced. 7.16 However, it was noted that the in-combination effect would not arise for around three years and so the inspector instead recommended that an article be inserted into the HEO preventing the in-combination operation of the jetty development and Combwich Wharf until the MMO had approved a shelduck monitoring and mitigation scheme. This would allow the jetty development to commence before such a scheme was agreed21. 7.17 The MMO agrees that a shelduck monitoring and mitigation scheme would be required and agrees with the inspector that this would not need to be agreed before the jetty development commenced so long as it was approved and in place before the in-combination operation began. The applicant is aware of the need to begin

19 Inquiry report, paragraphs 427 and 448. 20 The redevelopment of Combwich Wharf forms part of the wider HPC proposals. 21 Inquiry report, paragraph 391.

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monitoring in 2012 and the risk is with them should the monitoring not begin early enough. 7.18 However, the MMO disagrees with the inspector's recommendation that this restriction be put in place via an article in the HEO. The MMO considers that a condition on the construction marine licence would be the more appropriate place for such a restriction. 7.19 In addition, the binding agreement contains provision relating to vegetation clearance and ornithology. This would require a winter clearance scheme to be submitted for the approval of the local planning authority before vegetation clearance could take place. This is intended to avoid or reduce impacts on over-wintering birds. The MMO is content to place a condition on the HEO to mirror this provision. 7.20 The MMO considers that, with the conditions discussed above, the potential for impacts on ornithology has been adequately addressed. 7.21 Further information on ornithology impacts and the special protection areas and Ramsar site is set out in the MMO document entitled Hinkley Point C – Jetty development, record of Habitat Regulations assessment.

8. Soil, water, air, climate and the landscape Geology 8.1 During consultation, the MMO received representations about the stability of the cliff. This was also considered at the inquiry with the Fairfield Estate being among those giving evidence about the matter. 8.2 In the inquiry report, the inspector considered the evidence given about cliff stability. The inspector accepted that rock falls could be accelerated by the construction phase of the jetty development but noted that longer-term natural processes which govern the cliff retreat would not alter. The inspector considered the measures to be set out in a construction environmental management plan (CEMP) and construction method statement would suffice to protect the stability of the cliff22. 8.3 The binding agreement contains provisions dealing with the CEMP and construction method statement. These provide for the details of the CEMP and construction method statement to be submitted for the approval of the local planning authority before development commences. 8.4 The MMO considers that these provisions should be implemented as a condition of the HEO. With such conditions in place, the MMO is satisfied that the jetty development is unlikely to have a significant impact on cliff stability. Pollution 8.5 During consultation, the MMO received representations about pollution.

22 Inquiry report, paragraph 453.

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8.6 The binding agreement contains provision dealing with pollution. This provides for oils, fuels, concrete or chemicals to be stored in suitable conditions and for no aggregate washing to take place expect in accordance with a scheme approved by the local planning authority. 8.7 The MMO considers that these provisions should be implemented as a condition of the HEO. With such a condition in place, the MMO is satisfied that pollution from the jetty development is unlikely to have a significant impact. Drainage 8.8 During consultation, the MMO received representations about drainage. 8.9 The binding agreement contains provision dealing with drainage. This provides for details of the surface and foul water drainage system and water management zones to be submitted for the approval of the local planning authority before development commences. 8.10 The MMO considers that this provision should be implemented as a condition of the HEO. With such a condition in place, the MMO is satisfied that drainage from the jetty development is unlikely to have a significant impact. Fossil beach 8.11 During consultation, the MMO received representations from parties, including Stogursey Parish Council, about the potential for the jetty development to affect the fossil beach at Shurton Bars. 8.12 In the inquiry report, the inspector noted that Shurton Bars would not be directly affected by the jetty development and that there was no evidence of indirect marine or geomorphological impacts being likely to occur23. 8.13 Stogursey Parish Council also noted that an alternative location was considered which would have been around 150 metres to the east of the proposed location and, therefore, around 150 metres farther from the fossil beach. 8.14 The inspector noted that this alternative would have required the jetty to be 70 metres longer overall. This would require more piles and would have more environmental impact. This is particularly so with regards to Corallina which is more abundant in the area to the east. 8.15 The MMO concurs with the inspector's findings and is satisfied that the jetty development is unlikely to have an impact on the fossil beach and is satisfied with the location chosen. 8.16 Further representations were made about the cultural significance of Shurton Bars. This is covered in the section below entitled Shurton Bars (see paragraphs 9.11 to 9.14).

23 Inquiry report, paragraph 400.

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Air quality 8.17 During consultation, the MMO received representations about air quality. 8.18 The binding agreement contains provision dealing with air quality. This provides for an air quality scheme to be submitted for the approval of the local planning authority before development commences. 8.19 The MMO considers that this provision should be implemented as a condition of the HEO. With such a condition in place, the MMO is satisfied that the jetty development is unlikely to have a significant impact on air quality. Landscape 8.20 During consultation, the MMO received representations from various parties about the visual impact likely to be created by the jetty development. In particular, concerns were raised about the height of some of the buildings. 8.21 These matters were considered at the inquiry with the Fairfield Estate, among others, giving evidence. In addition, the binding agreement contains various provisions relating to the height of the buildings and the provision of a screening bund. 8.22 In the inquiry report, the inspector considered a bund necessary, especially given that the site abuts an area of outstanding scenic interest24. The inspector recommended that the MMO impose a condition based on provision 14 of the binding agreement which provides for the superstructure of the silos, sand shed and any hopper to be delayed until a bund has been constructed on the boundary of the site in order to screen views from the west. 8.23 The MMO has considered this recommendation and agrees in principle with the inspector's findings. However, whereas the inspector recommended that the details of the bund be submitted for the approval of the local planning authority25, the MMO considers that the condition to be imposed should require the bund to be put in place in accordance with the existing site preparation works planning permission. This reflects the changed situation whereby the site preparation works planning permission has now been granted. 8.24 The inspector also noted that planting of the bund would be necessary and recommended two landscaping conditions in addition to the provisions of the binding agreement. 8.25 Again, the MMO has considered this recommendation and agrees in principle with the inspector's findings. However, the MMO considers that the condition to be imposed should require the planting to be done in accordance with the existing site preparation works planning permission.


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8.26 At the inquiry, the Fairfield Estate also gave evidence about the proposed height of the sand shed and silos. They noted that – although the applicant intended to design the sand shed so that it would be no more than 36 metres above ordnance datum (AOD) – the applicant wished for flexibility such that contractors could build up to 41 metres AOD with a further 3 metres vertical limit of deviation. 8.27 The Fairfield Estate contended that a restriction should be put in place to limit the height of the sand shed to no more than 36 metres AOD. 8.28 The binding agreement contains provision dealing with the height of the sand shed and silos. In the inquiry report, the inspector considered the arguments put forward by the Fairfield Estate and others and concluded that the sand shed should indeed be limited to a height of no more than 36 metres AOD. Following a similar argument, the inspector also concluded that the silos should be limited to a height of no more than 40 metres AOD. 8.29 The inspector recommended that the provision in the binding agreement be implemented as a condition on the HEO with such limits in place and also recommended the removal of the upward limits of deviation for these works in the HEO itself26. 8.30 The MMO concurs with the inspector's findings and considers that, with such conditions and amendments to the HEO the visual impact arising from the height of the buildings has been adequately addressed. 9. Material assets and the cultural heritage

Marine historic environment 9.1 During consultation, English Heritage made representations requesting conditions to safeguard finds of archaeological interest. The applicant and English Heritage later reached common ground on the wording of such conditions. 9.2 In particular, these conditions would require the applicant to publish certain articles in specified publications and would also require dredging operations to be carried out in accordance with certain guidance and for finds of archaeological interest to be reported to English Heritage, the local planning authority and the MMO. 9.3 In the inquiry report, the inspector recommended conditions be added to the construction marine licence and dredging marine licence in line with what had been agreed between the applicant and English Heritage27. 9.4 Since the inquiry, the MMO has received further correspondence from the applicant and English Heritage regarding changes proposed to be made to the conditions agreed between them. These changes were proposed due to the passage

26 Inquiry report, paragraphs 446 and 447. 27 Inquiry report, Appendix 2.

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of the time between the inquiry and the present day which necessitates an updating of the dates specified in the conditions. 9.5 In addition to this, it is understood that the applicant intends to undertake further geotechnical survey work in the area. As such, changes are proposed to the conditions to reflect the new data that will likely be available following the results of this survey. 9.6 The MMO concurs with the inspector's findings that such conditions should be included in the construction marine licence and dredging marine licence, if granted, but also considers that changes should be made to update the wording of the conditions. 9.7 The MMO concludes that with such conditions, the potential for impacts on the marine historic environment has been adequately addressed. Terrestrial historic environment 9.8 The binding agreement contains provisions relating to the terrestrial historic environment. 9.9 These provisions require the recording of archaeological works relating to important hedgerows and require a scheme for the protection of fossil finds and a management plan for Wick Barrow to be submitted for the approval of the local planning authority before development commences. 9.10 The MMO concludes that with such conditions, the potential for impacts on the terrestrial historic environment has been adequately addressed. Shurton Bars 9.11 During consultation, the MMO received representations from various parties about the cultural value of Shurton Bars. This was also covered at the inquiry. 9.12 In the inquiry report, the inspector summarises the views put forward. In particular, he notes that one of the parties, Ms Flash, invoked the name of Samuel Taylor Coleridge who wrote his poem 'Lines on Shurton Bars' at this location. Ms Flash described this beach as a place of simplicity, natural beauty and tranquillity28. 9.13 The MMO is satisfied that there is a need for the jetty development and that the location chosen is satisfactory. 9.14 The potential for geomorphological impacts upon Shurton Bars is covered in the section entitled Fossil beach above (see paragraphs 8.11 to 8.16).

28 Inquiry report, paragraphs 316 and 317.

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10. Conclusion Scope of the ES and the ESA 10.1 In the inquiry report, the inspector notes concerns raised at the inquiry by Ms Collingridge about the scope of the information provided in the ES and ESA29. 10.2 In particular, Ms Collingridge stated that the EIA Directive requires projects, and not parts of projects, to be subject to EIA. Ms Collingridge contented that the jetty development forms part of the HPC project and should therefore be considered as a whole. 10.3 The inspector notes that the jetty development has been proposed in order to assist and speed up the construction of HPC but that they are independent of each other to the extent that one may be approved and the other not. 10.4 The inspector also notes that the application made under the Planning Act 2008 for HPC includes the jetty development and that all the matters will be considered at that stage. 10.5 Ms Collingridge also contended that the ES and ESA should have included a specific chapter on nuclear radiation. The inspector noted that there had been monitoring of Hinkley Point since 1957 and that additional surveys were carried out for the ES. The inspector also noted that the jetty development would not give rise to any radiation and that previous claims about adverse health effects had been found to not be supported by evidence. 10.6 In conclusion, the inspector found that the ES and ESA meet the requirements30. 10.7 The MMO has considered the representations made and the inspector's findings. The MMO concurs with the inspector's finding that the ES and ESA meet the requirements of the EIA Directive and transposing legislation. Impact assessment 10.8 The MMO has, among other things, considered: • the information presented by the applicant in the ES, ESA and the HRA report • the advice of the authorities consulted by the MMO • the representations made by all other parties • and the findings of the inspector. 10.9 The MMO has determined that the environmental impacts of the jetty development have been adequately identified, described and assessed and that mitigation can be secured which would be sufficient to allow the HEO application, construction licence application and dredging licence application to be approved.

29 Inquiry report, paragraphs 403 and 404. 30 Inquiry report, paragraph 404.


Appendix 1: HEO conditions

PART 1 Interpretation, Operation and Application of Conditions

1. In this Schedule— "alignment drawing" means the drawing no. HP/SL 302 Revision A

in the deposited plans and sections showing the indicative alignments of the silos and the sand shed;

"commencement" means in relation to the construction of the

development, the carrying out of a material operation and cognate terms shall be construed accordingly;

"development consent order" means an order granting development consent under section 114 of the Planning Act 2008(31);

"the HEO land" means the land, foreshore and seabed within

the limits of deviation shown on the deposited plans and sections;

"hopper" means a batching silo for the transfer of cement or similar materials from the storage silos to vehicles;

"the onshore area"

means that part of the HEO land above the level of low water;

"sand shed" means the covered area for the storage of sand to be constructed as part of Work No. 4;

"silos" means the silos to be constructed as part of Work No. 5;

"the site" means so much of the HEO land as is above the level of high water;

"site preparation works" means the development and works authorised by the site preparation works permission; and

"site preparation works permission" means the planning permission granted on 27th January 2012 by the local planning authority (Council reference 3/32/10/037).

(31) 2008 c.29.

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2. An application or submission for an approval pursuant to a condition in Part 2 or 3 must be made in writing to the local planning authority and no approval shall be deemed to have been given unless given in writing.

3. Unless the context otherwise requires the conditions in Part 2 apply to the construction, maintenance and use of the development except that the following conditions do not apply to the use of the development—

condition 2 (Working hours); condition 3 (Delivery hours); condition 4 (On-site vehicular movements and maintenance – permitted hours); condition 7 (Noise and vibration: no amplified sound); and condition 9 (Noise and vibration: noise level).

PART 2 Construction, Maintenance and Use Conditions

Geology and land contamination: spoil mound remediation

4. No construction of development must commence or be undertaken within any part of the Built Development Area East as shown on drawing number HP/MR/01 Rev A of planning permission reference 3/32/10/025 dated 13 January 2011 (granted by Somerset County Council) until—

(a) the remediation works in respect of that part of the Built Development Area East have been carried out pursuant to the planning permission reference 3/32/10/025 dated 13 January 2011 or the planning permission reference 3/32/11/038 dated 22 November 2011 (both granted by Somerset County Council); and

(b) the validation report has been submitted in writing to Somerset County Council and the written completion certificate in respect of the remediation works has been issued by Somerset County Council.

Working hours

5. Construction and maintenance of the development (in so far as it is carried out on or accessed from the site) must not take place on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

Delivery hours

6. No deliveries associated with the construction or maintenance of the development must arrive or be received at, or dispatched from, the site on Sundays or Bank Holidays or outside the hours of 07.00 to 18.00 Mondays to Fridays and 07.00 to 13.00 on Saturdays.

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On-site vehicular movements and maintenance - permitted hours

7. There must be no use or maintenance of any construction or demolition vehicles (which term shall not include vessels or barges) associated with the construction or maintenance of the development (including no starting of vehicle engines, no vehicle movements and no reversing alarms operated) on the onshore area on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

Landscape and visual: external storage of contractors' materials

8. Other than in the designated storage areas approved pursuant to condition 38 (construction method statement), there must be no external storage of any construction materials associated with the construction of the development on the onshore area during the construction of the development in excess of 4 metres in height above the ground level as existing at the time the materials are stored. Any such materials may only be stored in so far as is necessary for the purpose of constructing the development and the construction of the proposed new nuclear power station to be known as Hinkley Point C.

Landscape and visual and air quality: no burning of materials

9. There must be no burning of waste, materials or refuse on the onshore area at any time during the construction, maintenance or use of the development.

Noise and vibration: no amplified sound

10. No public address system must be used or amplified sound generated at any time within the onshore area.

Directional foghorn

11. Prior to the installation of any foghorn associated with the construction, maintenance or use of the development, details of the foghorn must be submitted to, and approved in writing by, the local planning authority. The foghorn must not be installed, retained or operated unless in accordance with the details so approved.

Noise and vibration: noise level

12.—(1) The level of noise emitted during construction or maintenance of the development must not exceed the limits set out in the following table as determined at the nearest noise sensitive premises and monitoring of the noise levels during the construction or maintenance of the development must be carried out as part of the noise and vibration management plan submitted and approved pursuant to condition 11 (Noise and vibration: control of noise during construction, maintenance and use). Assessment Period BS5228 Days of Week Time of Day Category A-5 dB LAeq Hour Mondays – Fridays 07.00-18.00 60 *18.00-23.00 50

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*23.00-07.00 40 Saturdays 07.00-13.00 60 *13.00-23.00 50 *23.00-07.00 40 Sundays and Bank Holidays

*07.00-23.00 50

*23.00-07.00 40

Notes: dB re: 20μPa. *Offshore construction work only.

Where LAeq = the equivalent continuous A-weighted sound pressure level, being the single number that represents the total sound energy measured over that period.

(2) The above noise level restriction shall apply except for specific, short duration construction or demolition activities (to the extent only as permitted as described in the approved noise and vibration management plan) during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. Any such activities and duration of such activities must be notified to the local planning authority and local residents at least 48 hours before they commence and the duration of such activities and number of such activities during the construction and maintenance of the development shall be limited to those approved in writing by the local planning authority.

(3) In the event that the site preparation works permission is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in this condition relating to a time so specified shall cease to apply and the noise limit in the site preparation works permission relating to that time shall apply as a noise restriction applicable to both the site preparation works and the construction and maintenance of the development (unless the development consent order referred to below has been implemented).

(4) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in the above table relating to a time so specified shall cease to apply and the noise limit in the development consent order relating to that time shall apply as a noise restriction applicable to both the development authorised by the development consent order and the construction and maintenance of the development.

(5) Noise levels must be determined in accordance with the provisions of British Standard 7445.

Use noise limit

13. The rating level of noise emitted from the use of the development must not exceed the background noise level by more than 5 dB at any time. The noise levels must be determined at any noise sensitive premises. The measurement and assessment must be made according to British Standard 4142:1997. In the event that a development consent order for a new nuclear generating station at Hinkley Point, which contains noise restrictions is implemented by the carrying out of a material operation, the noise limit specified in this paragraph shall cease to apply

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and the noise limit set out in the development consent order shall apply as a limitation applicable to both the development authorised by the development consent order and use of the development.

Noise and vibration: control of noise during construction, maintenance and use

14. Before the commencement of the construction of the development, a noise and vibration management plan must be submitted to, and approved in writing by, the local planning authority which specifies the provision to be made for the control of noise and vibration arising from the construction, maintenance and use of the development. The plan must be implemented in accordance with the approved details.

Infill material

15. Only uncontaminated rock, subsoil, brick rubble, crushed concrete and ceramic materials shall be permitted as infill material used within the development. All site-won fill materials must be used subject to the controls established within the materials management plan approved pursuant to condition 41 (Material management plan) in this Schedule and shall follow the protocols defined within "The Definition of Waste: Development Industry Code of Practice, Version 2, March 2011" published by Contaminated Land: Applications in Real Environments (CL:AIRE).

Landscape and visual: lighting

16. Prior to the installation of any lighting in respect of the development details of any such lighting and its use must be submitted to, and approved in writing by, the local planning authority. Such details must be in general accordance with the Temporary Jetty Lighting Strategy (June 2011). Such lighting must be installed and operated in accordance with the approved details.

Construction programme for silos and sand shed

17. Except for the construction of the foundations of the silos, the sand shed and any hopper, no part of the superstructure of the silos, the sand shed and any hopper must be constructed until after—

(a) 1 March 2013; and (b) a bund has been constructed on the north west boundary of the site in

accordance with Condition SP13 of the site preparation works permission or, if a development consent order for a new nuclear generating station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about bund construction, in accordance with the requirements of that order.

Alignment of the silos

18. The silos must be constructed in the same northwest alignment as the sand shed and in general accordance with the alignment drawing.

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Height and details of the sand shed and silos

19. Prior to the construction of the sand shed, silos and any hopper, details of their height and external appearance must be submitted to, and approved in writing by, the local planning authority and the sand shed, silos and hopper must not be constructed otherwise than in accordance with the approved details. The height of the sand shed must not exceed 36 metres above ordnance datum. The height of the silos must not exceed 40 metres above ordnance datum.

Height of subsidiary works

20.—(1) Any works authorised by article 7 shall be subject to the following height restrictions-

(a) the height of any hopper situated within the land edged by a broken red line on the plan entitled "Land for Potential Siting of Hoppers" in the deposited plans and sections must not exceed 40 metres above ordnance datum;

(b) the height of any other work situated within the limits of deviation shown on sheet no. 5 for Work No. 4 must not exceed 28 metres above ordnance datum; and

(c) the height of any work situated within any other part of the onshore area must not exceed 8 metres above the ground level as existing at the time the work is constructed.

(2) The above height restrictions shall not apply to cranes or other moveable plant, stairways, scaffolding or other temporary access equipment or structures associated with the construction of the works authorised by article 7.

Storage of oils, fuels, concrete and chemicals

21. Any facilities for the storage of oils, fuels, concrete or chemicals must be sited on an impervious base that must either be graded to drain to a sump or collector or surrounded by impervious walls to form a bunded compound. The volume of the bunded compound must be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund must be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets must be designed to discharge into the bund. All works and facilities as referred to in this condition must be constructed and completed prior to the first use of the facilities and must thereafter be retained.

Restriction of aggregate washing

22. No aggregate washing must take place on the onshore area in respect of materials used to support the construction of the works unless in accordance with a scheme to be submitted to, and approved in writing by, the local planning authority.

Ecological mitigation and monitoring plan

23.—(1) No construction of the development must commence until an ecological mitigation and monitoring plan has been submitted to, and approved in writing by,

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the local planning authority. The submitted details must reflect the survey results and ecological mitigation and enhancement measures included in the environmental statement and must include details of—

(a) works for plant community development based on the National Vegetation Classification across the grasslands, woodland and hedgerow habitats;

(b) the monitoring of invertebrates (butterflies and other indicator species); (c) the scale and timing of habitat creation and enhancement works; (d) the monitoring of bat activity; (e) a scheme for the protection of badgers; (f) undertaking bird counts in the immediate inter-tidal area of the HEO land; and (g) a timetable for implementation.

(2) The ecological mitigation and monitoring plan must be implemented as approved.

Habitat management plan

24.—(1) No construction of the development must commence until a habitat management plan has been submitted to, and approved in writing by, the local planning authority. The submitted details must include all areas of habitats proposed to be retained or created and include information on proposals for the management and monitoring of retained features.

(2) The habitat management plan must be implemented as approved.

Ecological method statement

25. All development must be constructed in accordance with the Site Preparation Works Ecological Method Statement (Appendix 2.5 of the Further Environmental Information (Part A) and Other Clarification Material (Part B); April 2011) submitted as part of the application for the site preparation works permission.

Ecology: tree and hedgerow protection

26.—(1) Prior to the commencement of the construction of the development, a plan must be submitted to, and approved in writing by, the local planning authority that identifies the existing trees and hedgerows (or sections of hedgerows) to be retained on the site together with the type of fencing to be used and arrangements to be made in accordance with British Standard 5837:2005 to protect the retained trees and hedgerows (or sections of hedgerows). The plan must be implemented in accordance with the approved details.

(2) No retained tree or hedgerow (or section of hedgerow) must be cut down, uprooted or destroyed, nor must any retained tree or hedgerow (or section of hedgerow) be topped or lopped other than in accordance with the approved plans and particulars, without the prior written approval of the local planning authority. Any topping or lopping approved must be carried out in accordance with British Standard 5837:2005.

(3) If any retained tree or hedgerow (or section of hedgerow) is removed, uprooted or destroyed or dies, another tree or replacement hedgerow (or section of hedgerow)

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must be planted at the same place and that tree or hedgerow (or section of hedgerow) must be of such size and species, and must be planted at such time, as may be specified in writing by the local planning authority.

Historic environment: recording of important hedgerows

27. The recording of archaeological works relating to important hedgerows under the Hedgerow Regulations 1997(32) must be implemented in accordance with the relevant sections of the Written Scheme of Investigation for Archaeological Mitigation, Trenches through Green Lane and Historic Hedgerows (Annex 3 of Appendix 2.3 of the Further Environmental Information [Part A] and other Clarification Material [Part B]; April 2011), which was submitted as part of the application for the site preparation works permission. The results must be published in monograph form within ten years of commencement of the construction of the development.

Historic environment: monitoring of palaeontological remains

28. No construction of the development must commence until details of a scheme to ensure that any significant fossil finds are identified, removed, conserved and deposited with the Museum of Somerset have been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented as approved.

Historic: scheduled monument management plan

29.—(1) No construction of the development must commence until a monument management plan for Wick Barrow (SM No. 28), also known as Pixies Mound, (as shown at figure 22.1 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority.

(2) The monument management plan must be implemented as approved.

Drainage: surface water and foul drainage works

30.—(1) No construction of the development must commence until details of the surface and foul water drainage system (including means of pollution control, details of water management zones and a programme of construction and implementation) have been submitted to, and approved in writing by, the local planning authority.

(2) Unless otherwise provided pursuant to the site preparation works permission or a development consent order for a new nuclear generating station at Hinkley Point, any fresh water discharge associated with the development must discharge to the existing Hinkley Point C drainage ditch at the location identified on the drawing referenced figure 13.1 in the environmental statement submitted with the application for this Order following attenuation to greenfield run-off rates and treatment within a dedicated water management zone.

(3) The surface and foul water drainage system must be constructed, maintained and retained in accordance with the approved details.

(32) S.I. 1997/1160.

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Drainage: oil interceptor

31. Surface water drainage from impermeable parking areas and hard standing for vehicles and lorry parks must be passed through oil interceptors prior to being discharged into any watercourse, surface water sewer or soakaway system. The oil interceptors must have a sufficient capacity for the areas being drained and must be constructed prior to the first use of the parking areas or hard standings and must thereafter be retained. Roof water must not pass through the oil interceptors.

Air quality

32.—(1) No construction of the development must commence until details of an air quality scheme have been submitted to, and approved in writing by, the local planning authority. The submitted details must include—

(a) a plan for dust management which must include the methods proposed for the monitoring and control of dust and dust suppression measures;

(b) the air quality monitoring methodology comprising continuous ambient particle (PM10, PM2.5 and total suspended particulates) and wind speed and direction, temperature, relative humidity and rainfall monitoring at locations at or near to Doggetts, Bishops Farm House, Knighton Farm and one close to the hamlet of Wick which monitoring must begin not less than one month prior to the date proposed for commencement of construction of the development and must continue until cessation of use of the development for the reinstatement of the onshore area has been certified as being completed in writing by the local planning authority;

(c) provision for the submission to the local planning authority of proposals for continuous periods of monitoring and the provision of the results to the local planning authority together with proposals for the review of monitoring periods following the first anniversary of commencement of the construction of the development;

(d) the monitoring details which must include real time logging of averaging periods of not less than 15 minutes and include remote interrogation and downloading and details of automatic notification to the local planning authority and other persons (such as the site manager) in circumstances where monitored concentrations exceed the trigger levels;

(e) the maximum hourly mean concentrations ("the trigger levels") of PM10, PM2.5 and total suspended particulates;

(f) the steps to be taken in the event that trigger levels are exceeded; (g) the identity of persons to carry out visual inspections in order to review the

potential for dust nuisance and, in the event of dust nuisance complaints being made, to help quantify the actual or potential dust nuisance; and

(h) the measures to ensure that any diesel fuel used on site shall be ultra low sulphur diesel (ULSD) (<10mgS/kg).

(2) The air quality scheme must be implemented as approved throughout the period of the construction, maintenance and use of the development.

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Residential amenity: information dissemination and complaints handling

33. No construction of the development must commence until a system for the provision of information to local residents and occupiers about the development and the investigation of, and response to, complaints has been submitted to, and approved in writing by, the local planning authority. The information to be disseminated must include general provision of information in relation to the construction, maintenance and use of the development and specifically in relation to activities on-site that may lead to nuisance. The approved information dissemination and the investigation and responses to complaints system must be implemented as approved throughout the period of the construction, maintenance and use of the development.

Drainage: water & sediment management plan

34. No construction of the development must commence until a water and sediment management plan has been submitted to, and approved in writing by, the local planning authority. The water and sediment management plan must be implemented as approved throughout the period of the construction of the development.

Engineering details of foreshore access road

35. No works to construct the foreshore access road forming part of Work No. 6 must be commenced until engineering construction details for the road including any associated drainage works have been submitted to, and approved in writing by, the local planning authority. The foreshore access road must be constructed and retained in accordance with the approved details. Prior to the removal of the foreshore access road, details of the method and timing of its removal must be submitted to, and approved in writing by, the local planning authority. The foreshore access road must be removed in accordance with the approved details.

Access to foreshore

36. Prior to construction and use of the foreshore access road forming part of Work No. 6 , the works area (being the area bounded by the limit of deviation shown on sheet no. 2 of Work No. 1) and the access corridor (being the area bounded by the limit of deviation shown on sheet no. 7 of Work No. 7) must be demarcated to prevent the movement of vehicles and plant outside the works area and access corridor on inter-tidal habitats that form part of the designated features of the Severn Estuary European sites and SSSI. Vehicles and plant must not be permitted to have access to any other areas of the foreshore outside the works area and access corridor.

Flooding: foreshore access

37. Prior to first use of the foreshore access road for any construction activities, flood warning notices must be erected in suitable and visible positions, such positions and wording of the signs to be first approved in writing by the local planning authority. The flood warning notices must be retained throughout the period during which the foreshore access road is in place.

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Geology & contaminated land: radiological monitoring

38. No construction of the development must commence on the site until a scheme for radiological monitoring of the land within a 30 metre radius of sample locations GB2 and TE312 specified on figure 16-8 B (Volume 3 Chapter 16 of the environmental statement submitted with the application for this Order) has been submitted to, and approved in writing by, the local planning authority. The radiological monitoring scheme must be implemented in accordance with the approved details.

Geology & land: previous contamination unidentified

39. If, in undertaking the construction of the development, contamination which has not been previously identified is found to be present on any part of the onshore area, the local planning authority must be notified and no further work must be carried out in respect of the part of the area that the local planning authority shall specify in writing, until details as to how such contamination is to be dealt with have been submitted to, and approved in writing by, the local planning authority. Any such contamination must be dealt with in accordance with the approved details.

Groundwater: monitoring

40. No construction of the development on the site must commence until a scheme for the management and monitoring of groundwater levels and quality has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

Construction method statement

41.—(1) No construction of the development must commence on the onshore area until a construction method statement for the onshore area has been submitted to, and approved in writing by, the local planning authority. The construction method statement must include details of the following -

(a) the parking of vehicles of site operatives and visitors; (b) the loading and unloading of plant and materials; (c) the storage of plant and materials used in constructing the development; (d) wheel washing facilities; (e) arrangements for cliff face protection and signage; (f) details of any measures to be taken to protect the works area and access

corridor (as both are defined in condition 33); and (g) piling techniques.

(2) The construction method statement must be implemented as approved.

Construction and environmental management plan

42.—(1) No construction of the development must commence until a construction and environmental management plan (CEMP) has been submitted to, and approved in writing by, the local planning authority. The CEMP must include details of the following—

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(a) site security; (b) fuel, oil, chemical and concrete storage, bunding, delivery and use; (c) the method for dealing with both minor and major pollution or other spillages; (d) the method for dealing with precipitation events exceeding the drainage

system capacity; (e) containment of silt or soil contaminated run off; (f) disposal of contaminated drainage, including water pumped from excavations; (g) the means for discharging any silty or discoloured water from excavations

over grassland or via a settlement lagoon to remove solids; (h) methods for protecting watercourses; and (i) site induction for workforce highlighting pollution prevention and awareness.

(2) The CEMP must be implemented in accordance with the approved details.

Vegetation clearance

43. Before undertaking any vegetation clearance within the period from October to March inclusive, a winter clearance scheme designed to avoid or reduce impacts on over-wintering birds which are interest features of the Severn Estuary SPA must be submitted to, and approved in writing by, the local planning authority. Any vegetation clearance undertaken during the period October to March inclusive must be carried out in accordance with the requirements of the winter clearance scheme.

Materials management plan

44. No construction of the development on the site must commence until a materials management plan (MMP) that accords with the principles set out in "The Definition of Waste: Development Industry Code of Practice, Version 2, March 2011" published by Contaminated Land: Applications in Real Environments (CL:AIRE) has been submitted to, and approved in writing by, the local planning authority. The materials management plan must be implemented as approved.

Site waste management plan

45. No construction of the development must commence until a site waste management plan for the HEO land has been submitted to, and approved in writing by, the local planning authority. The site waste management plan must be implemented as approved.

Soil management plan

46.—(1) No construction of the development on the site must commence until a soil management plan has been submitted to, and approved in writing by, the local planning authority. The soil management plan must detail the methods and procedures for soil stripping, handling and stockpiling and must include—

(a) description of methods for soil stripping, handling and screening and stockpiling of topsoils and subsoils;

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(b) a materials stockpile plan which shows the location, composition, movement and duration of any stockpile;

(c) layout plans that show the locations of proposed treatment facilities (mobile and fixed), areas where soils have been or will be treated in-situ, and areas where treated soils and imported soils have been, or will be, deposited;

(d) heights of stockpiles; and (e) restrictions on activities that may affect stored topsoil including the prevention

of vehicles traversing the stockpiles. (2) The soil management plan must be implemented as approved.

Limit of closure of coast footpath

47. No construction of the development must commence until a scheme to provide for the reopening of the section of the coast footpath on the HEO land to public access together with safety arrangements has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details and thereafter retained.

Traffic obligations

48.—(1) For the purposes of this paragraph— "HGV Route 1" means the HGV route (shown coloured green on the plan titled "HGV Routes" in the deposited plans and sections) from Junction 23 of the M5 motorway via the A38 Bristol Road, the Drove, the Northern Distributor Road (NDR), the A39, High Street in Cannington and the C182 to the site; "HGV Route 2" means the HGV route (shown coloured red on the plan titled "HGV Routes" in the deposited plans and sections) from Junction 24 of the M5 motorway via the A38 Taunton Road, the A39, High Street in Cannington and the C182 to the site; and "HGV" means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods, and having a maximum permissible laden weight exceeding 3.5 tonnes or any other goods vehicle with three or more axles travelling to or from the site for the purposes of the construction, maintenance and use of the development.

(2) Movements of HGVs for the duration of the construction, maintenance and use of the development, must not exceed the following daily flow limits—

(a) Mondays to Fridays: maximum of 8 two-way HGVs per hour between 07.00 and 18.00;

(b) Mondays to Fridays: maximum of 50 two-way HGVs between the hours of 07:00 and 17:00; and

(c) Saturdays: maximum of 25 two-way HGVs between the hours of 07:00 and 13:00.

At all other times and on Bank Holidays no HGVs must be received at or dispatched from the site.

(3) No development must commence until a scheme to ensure that HGVs travelling between the site and the M5 motorway will only use HGV Route 1 and HGV Route 2

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has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(4) No construction of the development must commence until a scheme for monitoring HGV vehicles entering and leaving the site and travelling on HGV Route 1 and HGV Route 2 using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(5) The total number of cars and minibuses accessing the site each day for the purpose of the construction, maintenance and use of the development must not exceed 32.

(6) No development must commence until a scheme for monitoring the number of cars and minibuses accessing the site using automatic number plate recognition cameras has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

(7) The maximum number of car and minibus parking spaces to be provided and available within the site for the purpose of the construction, maintenance and use of the development must not exceed 32.

(8) No construction of the development must commence until 10 motorcycle spaces and covered stands for at least 5 pedal cycles have been provided. The motorcycle spaces and cycle stands must be retained for the duration of the construction, maintenance and use of the development.

(9) In the event that the site preparation works permission is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the site preparation works permission shall apply as a limitation applicable to both the site preparation works and the construction, maintenance and use of the development (unless the development consent order referred to below has been implemented).

(10) In the event that a development consent order for a new nuclear generating station at Hinkley Point which contains restrictions relating to traffic is implemented by the carrying out of a material operation, the limits relating to HGVs and cars set out in paragraphs (2) and (5) shall cease to apply and the limits on HGVs and cars set out in the development consent order shall apply as a limitation applicable to both the development authorised by the development consent order and the construction, maintenance and use of the development.

(11) No HGVs must be scheduled to travel between the site and any location within the area shown shaded light green within the area edged black on the plan titled "HGV Routes from West" in the deposited plans and sections until a scheme to regulate the routes to be used by such HGVs (in so far as such HGVs are not regulated by the scheme referred to in paragraph (3)) has been submitted to, and approved in writing by, the local planning authority. The scheme must be implemented in accordance with the approved details.

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Bund planting

49. The bund required by condition 14 must be planted in accordance with Condition SP13 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about bund planting, in accordance with the requirements of that order.

Maintenance of planting

50. Any planting of the bund required by condition 14 must be maintained in accordance with Condition SP23 of the site preparation works permission or, if a development consent order for a new nuclear power station at Hinkley Point has been implemented by the carrying out of a material operation and contains requirements about the maintenance of bund planting, in accordance with the requirements of that order.

PART 3 Reinstatement Conditions

Coastal hydrology: cliff management plan

51. Prior to the removal of any part of the jetty, a cliff management plan which provides details for arrangements and responsibilities for the removal of those parts of the jetty and its associated infrastructure which are located within 15m in any direction of the cliff edge must be submitted to, and approved in writing by, the local planning authority. The cliff management plan must be implemented in accordance with the approved details.

Noise and vibration: control of noise during reinstatement

52.—(1) Prior to the commencement of any works of reinstatement pursuant to article 39 a noise and vibration management plan must be submitted to, and approved in writing by, the local planning authority which specifies the provision to be made for the control of noise and vibration arising from the reinstatement works.

(2) The level of noise emitted from the reinstatement works must not exceed the limits set out in the following table as determined at the nearest noise sensitive premises and monitoring of the noise levels during the reinstatement works must be carried out as part of the noise and vibration management plan approved pursuant to paragraph (1) above. Assessment Period BS5228 Days of Week Time of Day Category A-5 dB LAeq Hour Mondays – Fridays 07.00-18.00 60 *18.00-23.00 50 *23.00-07.00 40 Saturdays 07.00-13.00 60 *13.00-23.00 50 *23.00-07.00 40

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Sundays and Bank Holidays

*07.00-23.00 50

*23.00-07.00 40 Notes: dB re: 20μPa. *Offshore dismantling work only. Where LAeq = the equivalent continuous A-weighted sound pressure level, being the single number that represents the total sound energy measured over that period.

(3) The approved noise management and vibration management plan must be implemented in accordance with the approved details.

(4) The above noise level restriction shall apply except for specific, short duration construction or demolition activities associated with the reinstatement works (to the extent only as permitted as described in the approved noise and vibration management plan) during which an increased noise threshold of 75 dB LAeq, 1hour shall apply. Any such activities and duration of such activities must be notified to the local planning authority and local residents at least 48 hours before they commence and the duration of such activities and number of such activities during the carrying out of the reinstatement works shall be limited to those approved in writing by the local planning authority.

(5) In the event that the site preparation works permission is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in this condition relating to a time so specified shall cease to apply and the noise limit in the site preparation works permission relating to that time shall apply as a noise restriction applicable to both the site preparation works and the reinstatement works (unless the development consent order referred to below has been implemented).

(6) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation and contains noise limits relating to specified times (by reference to specified hours and days), the noise limit in the above table relating to a time so specified shall cease to apply and the noise limit in the development consent order relating to that time shall apply as a noise restriction applicable to both the development authorised by the development consent order and the reinstatement works.

(7) Noise levels must be determined in accordance with the provisions of British Standard 7445.

Working hours during reinstatement

53.—(1) Works of reinstatement pursuant to article 39 (in so far as they are carried on, or accessed from, the site) must not take place on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays.

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the working hours for the reinstatement works shall be restricted to the same extent (if at all) as provided by the development consent order.

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On-site vehicular movements and maintenance - permitted hours during reinstatement

54.—(1) There must be no use or maintenance of any vehicles (which term shall not include vessels or barges) associated with the reinstatement of the onshore area (including no starting of vehicular engines, no vehicle movements and no reversing alarms operated) on the onshore area on Sundays or Bank Holidays or outside the hours of 07:00 to 18:00 Mondays to Fridays and 07:00 to 13:00 on Saturdays. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39.

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use and maintenance of vehicles (including the starting of vehicular engines, vehicle movements and the operation of reversing alarms) associated with the reinstatement of the onshore area shall be restricted to the same extent (if at all) as is provided by the development consent order.

Noise and vibration during reinstatement: no amplified sound

55.—(1) No public address system must be used or amplified sound generated within the onshore area or at any time in the course of reinstatement works. This condition shall only apply to the carrying out of the reinstatement of the onshore area pursuant to article 39

(2) In the event that a development consent order for a new nuclear generating station at Hinkley Point is implemented by the carrying out of a material operation the use of public address systems and the generation of amplified sound within the onshore area or at any time in the course of the reinstatement works shall be restricted to the same extent (if at all) as is provided by the development consent order.


Appendix 2: Construction licence conditions 1. The licensed works shall be located in accordance with sheet 2 of the HEO

deposited plans subject to the limits of deviation in Article 5 of the Hinkley Point Harbour Empowerment Order 2012.

1.1 the jetty shall be an open piled structure;

1.2 the number of piles for the jetty bridge, head and head extension shall

be in the range of 140 – 200. Piles for the jetty bridge shall be in the order of 860mm in diameter and piles for the jetty head shall be in the order of 910mm in diameter;

1.3 the cement delivery and aggregate conveyor system shall be in

enclosed;

1.4 the berthing pocket shall measure approximately 160m in length, 27m in width and up to 3.5m in depth.

Reason: In order that the works be constructed in accordance with the proposals as set out in the application documentation and on which the works have been assessed.

2. In relation to the installation of piles associated with the jetty bridge, the

Licence Holder shall ensure that best practice methods equivalent to or better than those outlined in the Habitats Regulations Assessment Information (June 2011) are used to minimise the re-suspension of sediment during the authorised works.

Reason: In order to minimise the re-suspension of sediment.

3. The Licence Holder shall ensure that upon completion of the construction of

the development works any equipment and materials associated with construction which are not needed for the operation of the jetty are removed from the foreshore. Reason: In order to prevent the accumulation of debris.

4. Prior to construction and use of the foreshore access road, the works area (being the area bounded by the limit of deviation shown on sheet 2 of the deposited HEO plans) and the access corridor (being the area bounded by the limit of deviation shown on sheet 7 of the HEO) will be demarcated, to prevent the movement of vehicles and plant outside the works area/access corridor on the foreshore habitats that form part of the designated features of the Severn Estuary European sites and SSSI. Vehicles and plant shall not be permitted to have access to any other areas of the foreshore outside the works area/access corridor. Reason: In order to protect the foreshore habitats.

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5. Prior to commencing any activity or works in the works area or access corridor

referred to in 6, details of the measures to be employed to protect the works area and access corridor (being the area bounded by the limits of the deviation shown on sheets 2 and 7 of the HEO deposited plans) shall be submitted to and approved in writing by the MMO. The approved measures shall be implemented in the carrying out of any activity or works in the works area or access corridor. Reason: In order to limit activity to the approved area.

6. Prior to undertaking any works authorised by this Licence on the foreshore:

6.1 details of the methodology for carrying out a survey to identify and

characterise the extent of the drainage channels and condition of Corallina swards within the area where works are to be carried out (being the area bounded by the Limits of Deviation as shown on sheets 2 and 7 of the HEO deposited plans) shall be submitted to and approved in writing by the MMO;

6.2 the survey shall be carried out in accordance with the approved methodology and the report shall be submitted to the MMO for approval; and

6.3 a Corallina Monitoring and Management Plan (which shall include

appropriate measures to maintain key drainage channels within the works area in general accordance with the measures proposed in paragraph 6.2.98 of the Habitats Regulations Assessment Information (June 2011)) shall be submitted to and approved by the MMO.

Reason: In order to protect the rocky shore habitats and species.

7. Following approval, the Licence Holder shall implement the Corallina Monitoring and Management Plan as approved. Reason: In order to protect the rocky shore habitats and species.

8. The jetty shall not operate in-combination with the use of Combwich Wharf until a Shelduck Monitoring and Mitigation Scheme has been submitted to and approved in writing by the MMO. Reason: In order to protect shelduck from potential in-combination disturbance.

9. Following approval, the Licence Holder shall implement the Shelduck Monitoring and Mitigation Scheme as approved.

Reason: In order to protect shelduck from potential in-combination disturbance.

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10. The Licence Holder shall submit the articles referred to in the Environmental

Statement Addendum Appendix 12 Addendum to Section 9: Archaeological Assessment (June 2011) in accordance with the requirements of the Publication Strategy outlined therein and within 12 months of the completion of the offshore geotechnical investigations to be carried out in respect of the Hinkley Point temporary jetty. This shall include: 10.1 an article of c.6000 words to be submitted to The Holocene;

10.2 an article of c. 5000 words to be submitted to The Journal of

Archaeological Science;

10.3 an article of c. 5000 words to be submitted to Quaternary Science Review, or an appropriate peer reviewed journal to be agreed with the Science Advisor English Heritage South West;

10.4 publication of the local archaeological implications of the work to either

the Archaeology in the Severn Estuary or Proceedings of the Somerset Archaeology and Natural History Society.

Reason: In order to ensure findings of archaeological interest are reported and disseminated.

11. Prior to the commencement of the licensed works, the Licence Holder shall

notify the local mariners and fishermen's organisations of the commencement of the authorised works and any other matters arising from the carrying out of the authorised works that may reasonably affect these organisations. Reason: In order to ensure other users of the sea have adequate notice of the works.

12. Prior to the commencement of the licensed works, the Licence Holder shall notify the UK Hydrographic Office of the commencement of the authorised works so as to facilitate the promulgation of maritime safety information and updating of nautical publications. Reason: In order to ensure other users of the sea have adequate notice of the works.

13. Prior to removing the works authorised by this Licence, a detailed scheme for such removal shall be submitted to and approved in writing by the MMO. The works shall be removed in accordance with the approved scheme and prior to the termination of this Licence. Reason: In order to ensure assessment of the removal works is carried out.

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Appendix 3: Dredging licence conditions

1. Prior to undertaking any dredging authorised by this Licence:

1.1 a plan for monitoring baseline levels of sedimentation in the vicinity of Corallina swards shall be submitted to and approved in writing by the MMO. This plan shall include the locations at which monitoring is to be undertaken;

1.2 this baseline survey is to be carried out in accordance with the approved methodology and a survey report submitted to the MMO for approval; and

1.3 following the baseline survey, a Dredging Monitoring Protocol for

monitoring dredging, including agreed sedimentation levels at which measures would be taken to control any significant impacts due to the dredged plume, shall be submitted to and approved in writing by the MMO.

Reason: In order to prevent potential impacts on Corallina from the re-suspension of sediment.

2. Following approval, the Licence Holder shall implement the Dredging Monitoring Protocol as approved. Reason: In order to prevent potential impacts on Corallina from the re-suspension of sediment.

3. Materials arising from the capital dredge of the berthing pocket of the jetty shall be deposited at Cardiff Grounds.

• Reason: In order to maintain the sediment budget of the estuary. NB: a further marine licence from Welsh Government may be required in order to deposit the material at sea.

4. Dredging operations shall be carried out in accordance with the guidance note

"Marine Aggregate Dredging and the Historic Environment" (BMAPA and English Heritage, 2003), and the related "Protocol for Report Finds of Archaeological Interest" (BMAPA and English Heritage, 2005) and any subsequent replacements. Reason: In order to safeguard the marine historic environment.

5. If finds of archaeological interest are encountered in the course of the

dredging operations, the Licence Holder shall comply with the provisions of the Protocols noted in condition 4 and ensure that the discovery is reported to the MMO, English Heritage and the Local Authority archaeological officer within 1 month of the finds being made.

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Reason: In order to safeguard the marine historic environment. 6. Prior to the commencement of the licensed works, the Licence Holder shall

notify all local mariners' and fishermen's organisations of the commencement of the authorised works and any other matters arising from the carrying out of the authorised works that may reasonably affect these organisations.

Reason: In order to ensure other users of the sea have adequate notice of the works.

7. Prior to the commencement of the licensed works, the Licence Holder shall

notify the UK Hydrographic Office of the commencement of the authorised works so as to facilitate the promulgation of maritime safety information and updating of nautical publications.

Reason: In order to ensure other users of the sea have adequate notice of the works.

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