Explanatory note for changes to the Code of Construction Practice

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    Explanatory note for changes tothe Code of Construction Practice

    Doc Ref: APP104.01

    Folder1803 February 2014

    DCO-DT-APP-ZZ100-040100

    Thames Tideway TunnelThames Water Utilities Limited

    Application for Development ConsentApplication Reference Number: WWO10001

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    Explanatory note of Code of Construction Practice changes

    Summary of Code of Constructionpractice changes

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    1 Explanatory note of Code of ConstructionPractice changes

    1.1 Summary of progress

    1.1.1 This paper explains the changes which have been made to the Codeof Construction Practice(CoCP) Part A and Part Bs since the lastissue of the document to the Examining Authority (the ExA) on the 13January 2014. Whilst the previous draft included the incorporation ofcomments and changes based on discussions with stakeholders, thisdraft has clarified text and sought to show a clear link as to howcommitments would be secured.

    1.1.2 The engagement carried out on the documentation has also been

    identified in this summary.

    Version history

    1.1.3 The following table shows how the CoCPhas been updated since thesubmission of the original document with the application.

    Table 1.1 Code of Construction Practice versions

    Stage Date

    Application version (ExA) 28 February 2013

    Revised version (ExA) 23 September 2013

    Discussion draft (stakeholders) 9 December 2013

    Revised version (ExA) 13 January 2014

    Revised version prior to hearings (ExA) 3 February 2014

    Final version (ExA) 12 February 2014

    1.1.4 Following the issue-specific hearings on the Draft Thames WaterUtilities Limited (Thames Tideway Tunnel) Development ConsentOrder (Draft DCO) on the 20 and 21January 2014, a meeting with the

    local authorities and other stakeholders to review the latest responses(including the second joint borough1response on the CoCP) wasundertaken on the 29 January 2014.

    1.1.5 The main changes to the documents which were included in theJanuary and February 2014 versions of the CoCPdocuments, relateto the following:

    a. items arising from local impact reports

    1The joint borough responses have been submitted on behalf of eight of the local authorities: London Boroughs

    of Tower Hamlets, Wandsworth, Southwark, City of Westminster, Hammersmith and Fulham, Richmond,Lewisham and the City of London.

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    b. items arising from written representations (local authoritiesincluding joint boroughs response tothe CoCP, stakeholders)

    c. engagement meetings with stakeholders (including Statements ofCommon Ground (SoCGs)), local authorities, the Port of LondonAuthority (PLA), the Marine Management Organisation (MMO), the

    Environment Agency (EA), Historic Buildings and MonumentsCommission for England (HMBCE)

    d. items arising from answers to the ExAssecond written questionssubmitted to the ExA on 13 January 2014

    e. issues raised during ExA hearings during January 2014

    f. improvements from ongoing internal mitigation review workshops

    g. updates from the environmental health officer (EHO)/localplanning authority/stakeholder CoCPmeetings held on 17 and 29January 2014.

    1.1.6 The most recent changes to the CoCPresult from the workshop heldon 29 January (see para.1.1.5g above), where the agenda covered areview of the issues arising from the second joint borough response(submitted 13 January 2014) and review of any recent responsesreceived through the SoCG process.

    Summary of amendments

    1.1.7 The following list is a summary of the principal amendments made tothe CoCPdocuments.

    1.1.8 In the CoCP Part A:a. Review and linkage of sections to relevant Requirements and

    other enforcement (eg, Deemed marine licence) detailed within theDraft DCO(Doc ref: APP75.2, revised 13 January 2014). Thisincluded the section on enforcement undergoing a redraft to addclarity.

    b. Inclusion of text explaining the pre-application process andconsultation, and also including minimum period of consultation forthe construction environmental management plan (CEMP) (fourweeks).

    c. Review by the the Thames Tideway Tunnel projects (the project)planning team to improve the precision of wording throughout thedocument.

    d. Replacement of the non-statutory policies/procedure on noiseinsulation and temporary rehousing. The replacement is acombined policy document and is now referenced instead (Nonstatutory Off-site Mitigation and Compensation Policy(Doc ref:APP68).

    e. Improvements arising from requests in the joint boroughresponses. This included either deletions, rewordings, or actual

    changes (such as clarifying local authority involvement in

    http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Development%20Consent%20Order/Consent%20Order/APP75.2%20The%20Draft%20Thames%20Water%20Utilities%20Limited%20(Thames%20Tideway%20Tunnel)%20Development%20Consent%20Order%20-%20Revised%2013%20January%202014.pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Development%20Consent%20Order/Consent%20Order/APP75.2%20The%20Draft%20Thames%20Water%20Utilities%20Limited%20(Thames%20Tideway%20Tunnel)%20Development%20Consent%20Order%20-%20Revised%2013%20January%202014.pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Representations/ExA%20Questions/13-01-2014%20-%20Responses%20to%20Exa%20Questions%20Round%202/APP68%20Non%20Statutory%20Off-site%20Mitigation%20and%20Compensation%20Policy%20(DRAFT).pdfhttp://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/WW010001/2.%20Post-Submission/Development%20Consent%20Order/Consent%20Order/APP75.2%20The%20Draft%20Thames%20Water%20Utilities%20Limited%20(Thames%20Tideway%20Tunnel)%20Development%20Consent%20Order%20-%20Revised%2013%20January%202014.pdf
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    processes (eg, land quality) where it was previously not explicitymentioned).

    f. Approvals by a local authority for additional management plansincluding air quality, noise and vibration, lighting (whererequested), hoardings and tree work.

    g. Inclusion of noise mitigation hierarchy and increased detail withrespect to noise mitigation. More detail was also added to covermonitoring and control of maximum noise levels.

    h. Definitions added, or refined, where requested or deemed to addvalue.

    1.1.9 In the CoCPPart Bs:

    a. Commitments regarding approvals updated to be more specific,including hoarding design and lighting plan where requested.

    b. Clarification and consistency checks with regards to push piling,anchor pilingand when this would be used.

    c. Noise mitigation reviewed across the scheme, and added andrefined.

    d. Review undertaken of each section to ensure clarity andconsistency.

    e. SoCG reviews with local authorities to work towards agreement ofthe items included.

    Areas of disagreement

    1.1.10 After the review and update of the CoCPdocuments, there remain anumber of areas where agreement has not yet been reached. Theseare mainly points where it was not considered to be appropriate tomake a particular change to the CoCP.

    1.1.11 The areas not agreed include:

    a. Approval of the CEMP by the local authoritiesThis is not agreedbecause it is believed that all of the relevant parts of the plan thatrequire approval are already given for approval elsewhere. Itshould be noted that at the 29January 2014 meeting with the local

    planning authorities, several of the boroughs did say that theywere now happy that they did not need to approve this document(as they had been given sufficient other approvals, eg, noise andvibration, air quality).

    b. Site layout approval by local authority, of each phase of projectsconstructionThe London Borough of Southwark, in particular, isrequesting this. It has been agreed in the CoCPPart B forChambers Wharf, that aside from all of the relevant managementplans being for local planning authority approval, the site layoutwill be planned in consultation with the local planning authority.

    c. Approval by local authority of the height and external appearanceof some temporary buildings and structures In general, where

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    there have been requests, commitment has been made to theappearance of these within the relevant CoCPPart Bs.

    d. Extent of involvement of community liaison group in reviewprocess of working hours and enforcement.The remit of thecommunity liaison group has been expanded in the CoCPPart A.

    e. Approval of river works by local authority in addition to the PLAand MMOIt is our view that the local authority will have relevantapproval rights through the Section 61 process.

    f. TfL has requested traffic management plans to be approved by thehighway authority rather than the local planning authority.Thiswas discussed in the recent EHO forum and a number of localauthorities have confirmed the current proposal is preferable tothem (including City of London, Londond Borough of Ealing,London Borough of Southwark and Westminster City Council).

    1.1.12 There are a number of comments and drafting points that have beenreviewed, and whilst the principle has been agreed, the location whereit is covered may vary. This includes, for example:

    a. Publishing details of all complaints on websiteThe summary willbe issued to the local authority and relevant summaries will bemade available on the website (please note: the exact details ofthe website are still to be determined).

    b. Details on proposed project hubs for community liaisonTheseare covered in the relevant Section 106 deeds.

    c. Amendments to the considerate contractors scoring requirementsThe suggested amendments received were acknowledged in theEHO meeting on 29 January 2014, to be incorrect, and that theexisting text was appropriate.

    d. Additional items on workplace healthThe CoCPis a documentthat deals with construction effects, not worker health. This is amatter dealt with in contractual documents, and under health andsafety legislation.

    e. Specific local issuesIt is envisaged that these will be resolvedthrough the discussions on the individual SoCGs with the localplanning authorities (eg, London Borough of Richmond uponThames requests no lorry movements at their sites during eveningpeak hours in addition to the morning peak hour that is alreadyagreed).

    Finalisation work

    1.1.13 During the time before the final versions of the CoCPare submitted on12 February 2014, any further items that arise from the examination(noise specific hearing, and development consent order hearings) inthe week commencing 3 February 2014, will be considered forinclusion. A final proof check review (including another cross-check of

    development consent order Requirement references, and an update tothe general controls section) of the documents will also be carried out.

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    1.2 Other information

    CoCP timeline

    1.2.1 The Code of Construction Practicehas been developed in

    consultation with the local authorities and other stakeholders over aconsiderable period of time. The following table documents the keystages of engagement.

    Table 1.2 Key stages of engagement for Code of ConstructionPractice

    Activity/Stage Date

    CoCP Outline Content Document

    Issued for LAs comment

    16 September 2010

    EHO Forum - Workshop on CoCP requirements and

    content with LAs and Environmental team leads

    11 February 2011

    EHO Forum - Working Hours Strategy presentation 8 April 2011

    Working Hours StrategyIssued for LAs comment 21 April 2011

    Phase 2 Consultation

    CoCP Part A included in Consultation Material

    4 November 2011 to

    10 February 2012

    Draft CoCP Part Bs Issued to Local Authorities 23 December 2012

    TTT- Local Authority Meetings(One to One) 18 January 2012 to

    9 February 2012

    TTT- Other Stakeholders(GLA) Meeting 14 February 2012

    EHO Forum Update 16 March 2012

    TTT- Environmental Team and specialists review andinput into documents as part of Environmental ImpactAssessment process.

    TTT - Engineering and Planning Team review and inputinto documents

    AprilMay 2012

    Section 48 CoCP Part A Update Issued as part of

    Section 48 Publicity

    16 July 2012

    CoCP Part BRevision 2 issued to Local Authorities andkey stakeholders.

    6 August 2012

    DCO version CoCP Part A and Part B Issued as part ofapplication

    28 February 2013

    EHO Forum CoCP Update 2 May 2013

    Engagement through SoCG process September 2013January 2014

    EHO ForumReview and Update 17 January 2014

    EHO/LPA/Stakeholder CoCP meeting 29 January 2014

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    Copyright notice

    All rights reserved.

    Any plans, drawings, designs and materials (materials) submitted

    by Thames Water Utilities Limited (Thames Water) as part of this

    application for Development Consent to the Planning Inspectorate

    are protected by copyright. You may only use this material(including making copies of it) in order to (a) inspect those plans,

    drawings, designs and materials at a more convenient time or

    place; or (b) to facilitate the exercise of a right to participate in the

    pre-examination or examination stages of the application which

    is available under the Planning Act 2008 and related regulations.

    Use for any other purpose is prohibited and further copies must

    not be made without the prior written consent of Thames Water.

    Thames Water Utilities Limited

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    The Thames Water logo and Thames Tideway Tunnel logo

    are Thames Water Utilities Limited. All rights reserved.

    Copyright Thames Water Utilities Limited February 2014.