SCHEDULE 16

Code of Construction Practice

CONTENTS

C1

C1.1

C1.2

C2

C2.1

C2.2

C2.3

C3

C3.1

C3.2

C3.3

C3.4

C3.5

C3.6

C3.7

C3.8

C4

C4.1

C4.2

C4.3

C5

C5.1

C5.2

C6

C7

C7.1

C7.2

C7.3

C8

C8.1

C8.2

PREFACE

PURPOSE OF THE DOCUMENT

COMPLIANCE WITH APPLICABLE CODES, STANDARDS AND ACTS OF PARLIAMENT

LIAISON AND PUBLIC INFORMATION

LIAISON GROUP

INFORMATION HOTLINE

PRODUCTION OF NEWSLETTER AND WEBSITE

ROADS, CYCLEWAYS AND FOOTPATHS

TEMPORARY AND PERMANENT CLOSURES AND DIVERSIONS

PEDESTRIAN AND CYCLIST ROUTES

MAINTENANCE AND REPAIR OF THE HIGHWA Y

LORRY MOVEMENTS

MUD ON ROADS

SITE ACCESS

TRAFFIC SAFETY AND CONTROL (TRAFFIC SAFETY MEASURES)

ACCESS ACROSS SITE AND TO FRONTAGES

PROTECTION OF THE WATER ENVIRONMENT

WASTE WATER AND GROUND WATER

PROTECTION OFAQUIFIERS

CONTROL AND MANAGEMENT OF FOUL DRAINAGE

CONSTRUCTION NOISE AND HOURS OR WORKING

HOURS OF WORKING

CONSTRUCTION NOISE CONTROL

VIBRATION

DUST AND AIR POLLUTION

DUST

SPECIAL PRECAUTION FOR ASBESTOS

AIR POLLUTION

DISPOSAL OF WASTE AND CONTMINATED MATERIALS

WASTE

CONTAMINATED LAND AND MATERIALS

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C9

C9.1

C9.2

C9.3

C9.4

C9.5

C9.6

C9.7

C9.8

C10

C10.1

C10.2

C11

C11.1

C11.2

C11.3

C11.4

C11.5

C11.6

C11.7

C11.8

C11.9

C11.10

ECOLOGY

ENCROACHMENT ONTO WILDLIFE AREAS

PROTECTION OF PROTECTED SPECIES

PROTECTION OF BREEDING BIRDS

PROTECTION OF MATURE TREES

CONTROL OF INVASIVE SPECIES

TREE REPLACEMENT

DEMOLITION OF BUILDINGS

REINSTATEMENT OF UNDEVELOPED LAND

HISTORIC BUILDINGS AND ARCHAEOLOGY

ARCHAEOLOGICAL FEATURES

LISTED BUILDINGS

SITE ARRANGEMENT

SITE HOUSEKEEPING

FENCING AND HOARDINGS

SECURITY

ACCESS FOR FIRE APPLICA TIONS

LIVING ACCOMMODATION

CLEARANCE OF SITE ON COMPLETION

PEST CONTROL

SAFETY

LIGHTING

PROTECTION OF EXISTING INSTALLATIONS

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DEFINITION OF TERMS

In this document, the following terms and meanings shall apply.

Construction Compounds: Discrete locations used by the Contractor to serve adjacent Work Sites along the route and to store plant and materials, locate cabins, huts etc and used for other activities in connection with the Works.

Contractor: Party appointed to construct, operate and maintain NET Phase Two.

Highway Authority: Highways Agency, Nottingham City Council or Nottinghamshire County Council s the authority designated under the Highways Act 1980 with responsibility for the highway network, and in their role as Traffic Authority (The Road Traffic Regulations Act 1984 and responsibility for traffic regulation on public highways).

Local Authority: Nottingham City Council, Nottinghamshire County Council, Broxtowe Borough Council or Rushcliffe Borough Council or a combination of these local authorities where relevant to a particular situation. This includes all relevant departments within the Local Authority.

NET Phase Two: Extensions to the NET Line One comprising a light rail route from the Line One terminus at Station Street to Chilwell via QMC and Beeston and a light rail route from a proposed junction at Sheriffs Ways to Clifton via Wilford.

Site: The land within the various lateral Limits shown on the Works and Land Plans and Sections relating to the Order application, and any other land outwith these Limits used by the Contractor for the purpose of NET Phase Two construction.

Works: All works which are the responsibility of the Contractor and carried out for the construction of NET Phase Two.

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C1 PREFACE

C1.1 PURPOSE OF THE DOCUMENT

Nottingham City Council and Nottinghamshire County Council (together "the Promoter") are promoting an application for an Order under Section 1 of the Transport and Works Act 1992 ("the Order") to construct two extensions to the existing Line 1 of the Nottingham Express Transit (NET) tram system. The proposed scheme links into Line One at Nottingham Station in Nottingham City Centre. The scheme is referred to as NET Phase Two (or "extensions to Clifton via Wilford and Chilwell via Queens Medical Centre (QMC) and Beeston").

The construction and commissioning of NET Phase Two is expected to take approximately three years and will involve the use of Works Sites located along the route.

The Code of Construction Practice (CoCP) defines standards of construction practice acceptable to the Promoter, and required of the Contractor as a responsible employer in so far as they affect the environment, amenity and safety of local residents, business and the general public, and the surroundings in the vicinity of the Works. The provisions of this CoCP will be included in the contract for the construction of NET Phase Two (the "Construction Contract") and the Contractor, his servants, agents and employees shall have an obligation imposed upon them to comply in full with its terms otherwise the contract may be liable to determination.

In developing the outline design of the scheme and undertaking its Environmental Impact Assessment (EIA), a series of measures to minimise the impacts of construction on the environment has been identified and set out in this CoCP. Compliance with the CoCP will be a mandatory requirement of the agreement between the Promoter and the Contractor and will apply throughout the contract period for the construction works.

In this CoCP, "construction" includes all site preparation, demolition, materials delivery, materials and waste removal and all related engineering and construction activities on and off site.

The CoCP addresses the Contractor's general obligation in so far as its construction activities affect the general public and property alongside the route of the proposed Works. It does not specifically address the Contractor's responsibility, in such areas as safety and noise levels, to those working on or visiting the site of construction activities. The contractor must comply with the relevant statutory provisions in respect of such safety matters and will be required to work in such a way as to ensure the safety of the public and its workers. The Works must be carried out in compliance with the provisions of the Health and Safety at Work Act 1974 to the satisfaction of the local Health and Safety Executive (HSE) officer.

Compliance with this CoCP will not absolve the Contractor or its subconsultants and sub­contractors from compliance with all legislation and byelaws relating to their construction activities. In particular, the Contractor shall apply for Section 61 consents to the Local Authority, in accordance with the provisions of the Control of Pollution Act 1974.

The Contractor will consult at the local level before commencing construction of each section of the Works. This will include the identification of environmental impacts, the effects on local businesses and residents and the effects on access to premises along or near to that section of the Works.

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C1.2 COMPLIANCE WITH APPLICABLE CODES, STANDARDS AND ACTS OF PARLIAMENT

There are many Codes, Standards and Acts of Parliament that cover environmental and related matters and these are referred to as applicable in this CoCP. Notwithstanding those references, compliance with them shall not discharge the Contractor from complying with any other legislative requirements applicable at the time of construction activities.

C2 LIAISON AND PUBLIC INFORMATION

C2.1 LIAISON GROUP

Before commencing construction of any section of NET Phase Two the Contractor will establish a local liaison group in respect of that section, including representatives of frontages or other people affected by this section of the Works, together with representatives of the highway authority, police, emergency services, bus operators and such other bodies as may be appropriate.

The purpose of local liaison groups will be to represent the views, concerns and comments of the larger community along the proposed route of NET Phase Two. They will provide ongoing consultation with the public on key issues associated with the route and provide a forum where advance notice of the programme of the Works and regular updates regarding progress can be given. The timing and frequency of these forums will depend upon the requirements of the community and the Contractor's programme of work.

In particular the Contractor will discuss with every such group the timing and methods of construction to be adopted in respect of the relevant section of the route. The Contractor will also discuss with such groups the environmental impact, the effects on local businesses and residents, and the effects on access to premises situated along the route of NET Phase Two or situated in the vicinity of that section of the Works.

C2.2 INFORMATION HOTLINE

The Contractor shall provide an information telephone "Hot Line" which shall be staffed throughout normal working hours. The hotline will provide recorded information and be replaced by an answer phone service when it is not staffed. Information on this facility including works programmes shall be prominently displayed as all Works Sites.

C2.3 PRODUCTION OF NEWSLETTER AND WEBSITE

The Contractor will set up and maintain a website which shall provide details of the future programme for the Works, specify the areas in which the Works are currently being carried out, and provide up to date information on the progress of the Works.

The Contractor will publish a regular newsletter, detailing future works and outlining, with appropriate maps and diagrams, any alterations to road traffic circulation patterns required by the coming week's works. This newsletter will be published on the website and distributed to Nottingham City Council, Nottinghamshire County Council, Nottinghamshire Police, the emergency services and to any other persons or organisations that have requested receipt of the newsletter.

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C3 ROADS, CYCLEWAYS AND FOOTPATHS

C3.1 TEMPORARY AND PERMANENT CLOSURES AND DIVERSIONS

During the construction of NET Phase Two, there will be unavoidable disruption to local traffic and public transport during the main stages of the Works. Work Sites will be established along various sections of the route during construction and it will be necessary to close or divert certain specified highways, footpaths and cycleways, either permanently, or temporarily during the construction period. It will be the Contractor's responsibility to finalise the arrangements for these diversions and closures with the Local Authority or Highway Authority concerned, including where that Authority is one of the Promoters.

Prior to working on any street or footpath to which the public has access, the Contractor shall make such arrangements with the Highway Authority as may be reasonably necessary so as to minimise interference with the activity of highway users and traffic in that street or footpath during construction of NET Phase Two as shall be reasonably practicable.

The Contractor shall also use all reasonable endeavours to minimise the interference with passage over private roads or footpaths which are affected by the construction of the Works authorised by the Order.

Wherever the Works interfere with existing public or private roads or other ways over which there is a public or private right of way for any traffic, the Contractor shall use reasonable endeavours to construct diversion ways except where the Order provides for those roads or other ways to be permanently or temporarily stopped up without provision of a substitute.

The Contractor shall be responsible for erecting and maintaining for the requisite period all statutory and public information notices (notices to be supplied by the Highway Authority). The location of all such notices shall comply with reasonable requirements of the Highway Authority.

C3.2 PEDESTRIAN AND CYCLIST ROUTES

The Contractor shall ensure that pedestrian and cyclist routes are provided throughout the construction period and in relation thereto shall meet the following requirements, where practicable:

i. Any temporary footways and carriageways shall have uniform surfaces; there should be no steps and any gradient falls shall be in accordance with current standards. In circumstances where steps are unavoidable, an alternative route shall be identified for people with mobility impairments / disabilities.

ii. Pavement ramps shall be provided at all junctions of footways with carriageways. Gradient falls shall be in accordance with current standards and the base of the ramp shall be flush with the carriageway.

iii. All temporary footways and ramps must be suitably surfaced and kept free of mud and debris.

iv. Clear signing shall be provided at all times for each pedestrian and or cyclist route.

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v. All openings or obstructions on the carriageways and footway shall be barricaded with a continuous rail (lit at night) strong enough to offer necessary resistance should a blind person walk into it; a tapping rail shall be provided.

vi. All pedestrian routes diverted onto the carriageway shall be clearly defined by continuous barriers and be in accordance with Chapter 8 of the Traffic Signs Manual, any amendments thereto and Department of Transport (DfT). All permanent and temporary pedestrians diversion routes (including barriers, ramps) shall be consistent with the needs of the mobility impaired and guidance by DfT as may be applicable at the appropriate time.

C3.3 MAINTENANCE AND REPAIR OF THE HIGHWA Y

The Contractor shall, subject to the provisions of the Order, and subject to the agreement or direction of the Highway Authority, carry out all such maintenance works as are necessary to maintain the roads and footpaths affected by the Works in a serviceable condition, in accordance with the requirements of the Highway Authority.

C3.4 LORRY MOVEMENTS

The Contractor, when moving large and / or heavy loads, construction plant, materials and waste (including vehicles used for carrying such when running empty), shall limit the use of public highways as far as is reasonably practicable.

Traffic routes will be agreed with the Highway Authority in advance. Vehicles arriving or leaving the Site shall do so during normal working hours as specified in Section 5 of this CoCP unless otherwise agreed with the Highway Authority.

The Contractor shall take all reasonable measures to ensure that delivery vehicles do not park on the highway prior to entering the Site except in identified loading areas. Lorries that cannot immediately enter or leave the site must switch off their engines in residential areas.

The Contractor when entering into any sub-contract for the execution of any part of the Works or for the supply or transport of heavy loads, construction plant, materials or waste, shall incorporate in any such sub-contract provisions requiring the sub-contractor or supplier to comply with the requirements of this CoCP.

C3.5 MUD ON ROADS

The Contractor shall take strict measures to minimise the spillage of mud and other debris onto the roads and footpaths located within the vicinity of the Works. These will include, but not necessarily limited to:

i. The provision of easily-cleaned hardstanding for vehicles entering, parking and leaving the Site;

ii. The provision of wheel washing facilities including, where practicable, mechanical wheel spinners;

iii. The use of mechanical road sweepers and surface flushing apparatus to clean the hardstanding and to remove and mud or debris deposited by site vehicles on roads, footpaths, gullies or drains in the vicinity of the Site. The road sweepers or other equipment are to be properly maintained and readily available whenever the need for cleaning arises and shall be properly used and maintained.

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iv. The complete sheeting of the sides and tops of all vehicles carrying mud or debris on the public highway; and

v. The Contractor shall ensure that vehicles are loaded in such a manner as to prevent waste falling off during their journey.

C3.6 SITE ACCESS

All access from the Site onto the highway shall be of sufficient width to accommodate two-way traffic wherever practicable.

Traffic signs in accordance with the "Traffic Signs regulations and General Directions 2002" shall be provided for each access as agreed with the Highway Authority.

C3.7 TRAFFIC SAFETY AND CONTROL (TRAFFIC SAFETY MEASURES)

The Contractor shall submit to and agree with the Highway Authority, a statement setting out the proposed measures (including specified traffic routes) to be taken with respect to traffic and highway safety for the duration of the Works. The Contractor shall circulate the approved statement to other bodies as identified by the Traffic Authority.

The measures to be taken with respect to traffic and highway safety shall include but not necessarily be limited to:

i. Use of temporary traffic Regulation Orders (TROs), including under the TW. The contractor shall consult with the Highway Authority on the arrangements for agreeing and implementing Temporary TROs to facilitate road closures etc. The use of Temporary TROs shall take into account the requirement for, and availability of suitable alternative routes.

ii. Use of temporary signing and lining where required by the Highway Authority to identify places where construction is taking place.

iii. Use of temporary signing to restrict vehicle type / sizes and define routes for construction traffic.

iv. Use of appropriate temporary signing and lighting wherever works are in progress to ensure the safety of all road users.

v. Preparation and implementation of a programme agreed with the Highway Authority for road closures and temporary traffic signal arrangements.

The Contractor shall provide, erect and maintain such traffic signs, road markings, lamps, barriers and traffic control signals and such other measures as may be necessitated by the construction of the NET Phase Two Works in accordance with the requirements of the approval of the Highway Authority.

The Contractor shall keep all such traffic signs, road markings, lamps, barriers and traffic control signals clean and legible at all times and shall position, replace, reposition, cover or remove them as required by the progress of the Works and to the reasonable requirements of the Highway Authority.

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So far as practicable, all power to temporary traffic signals, lighting etc, shall be taken from mains supplies rather than from portable generators. Where portable generators are used all reasonable measures will be taken to minimise noise and pollution from such generators.

C3.8 ACCESS ACROSS SITE AND TO FRONTAGES

The Contractor shall in carrying out the works take all reasonable precautions to minimise any disturbance or inconvenience to the owners, tenants or occupiers of adjacent properties, and to the public generally.

The Contractor shall maintain any existing right of way across the whole or part of the Site and public and private access to adjoining frontages in a safe condition and to reasonable standards unless otherwise noted in Section 3.1 herein.

Alternatively, subject to the provisions of Sections 3.1 and 3.2, the Contractor shall provide acceptable alternative means of passage or access to the reasonable satisfaction of the persons affected. The Contractor shall provide and maintain any guard rails, fences, gates, lights, bridges, pavings, steps, handrails, etc needed and they shall be of such size, strength and construction as will be adequate for their purpose.

In carrying out the work immediately adjacent to occupied premises outside the Site, the Contractor shall minimise as far as reasonably practicable inconveniences and disturbance to occupiers and users. Pedestrian access to and from such premises shall be maintained at all times.

C4 PROTECTION OF THE WATER ENVIRONMENT

C4.1 WASTE WATER AND GROUND WATER

Provisions for construction site drainage along the route if NET Phase Two will be achieved via the development and implementation of an appropriate site drainage plan. The plan will include measures to ensure that surface water runoff is contained and managed appropriately, as described below. Such provisions will also prevent washout from temporary construction laydown and storage areas into local watercourses and highway drainage Infrastructure. In preparing the site drainage plan, the Contractor will take full account of the requirements of the Environmental Agency's Pollution Prevention Guidelines (PPGs). This will include notifying the Environment Agency in advance of all works to allow pollution prevention and emergency procedures to be agreed.

All waste water and site discharges shall only be permitted where the effluent quality and discharge location is acceptable to the Environment Agency, Severn Trent Water, or the Local Authority (as appropriate). Effluent will pass through treatment facilities such as sediment traps and/or settlement lagoons, as appropriate, before being discharged. Highway drainage will be kept clean at all times and cleaned out regularly if required, throughout the duration of the Works. The Contractor will ensure that all treatment facilities are regularly inspected and maintained and that a full record is kept of inspection, maintenance and measures to sustain equipment performance.

Prior to any excavation below the water table, including any site de-watering, the Contractor shall inform the Environment Agency of the works to be conducted. Cut-off ditches may be used to prevent water from entering excavations. The de-watering and disposal measures will be agreed with the Environment Agency.

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The Contractor shall also comply with BS 6031 1981 Code of Practice for Earthworks, regarding the general control of site drainage.

The Contractor shall ensure that areas of exposed ground and stockpiles are minimised as far as reasonably practicable to reduce silty runoff. Geotextiles will be used as necessary to shield spoil mounds. Water containing silt will not be pumped directly into watercourses. Water must be stored in settlement lagoons or tanks, filtered, or discharged onto a grassy area to soak away, or to foul sewer (with agreement of the Severn Trent Water and the Environment Agency).

Where contaminated land is identified and shall be affected by the Works, a full Waste Management Plan will be prepared by the Contractor (see Section 8.2) to comply with all relevant handling and disposal legislation (including dewatering discharge from piling operations). Detailed site investigations at all sites where earthworks or piling are planned will be carried out, prior to works commencing, in order that appropriate mitigation can be implemented.

The Contractor shall ensure that any water that has come into contact with contaminated materials is disposed of in accordance with the Water Resources Act 1991 and the Water Industry Act 1991 (if disposed to public sewer) to the satisfaction of the Environment Agency, Severn Trent Water or the Local Authority (as appropriate).

The Contractor shall make provisions to ensure that oil drums and containers or other potential contaminants stored on the Site are controlled in accordance with the Control of Substances Hazardous to Health (COSHH) Regulations 1999 and are properly isolated and bunded and that no oil or other contaminants are allowed to reach watercourses or groundwater, including aquifers. Storage locations for such material should be positioned away from watercourses and agreed with the Environment Agency. All surface water or other contaminated water, which accumulates in the bund, will be removed by manually controlled positive lift pumps and not by means of a gravity drain. This water will be removed from site and discharged in public sewer in consultation with the relevant water companies.

For any discharge planned for disposal into a soakaway, the water quality should be available for testing by the Environment Agency. Water of contaminated quality will only be permitted to be discharged into foul sewer or by any other approved means of disposal (by tankers etc). Water of suitable quality (compatible with existing groundwater) will be permitted to be discharged into a soakaway subject to Environment Agency / Severn Trent Water approval.

The Contractor shall apply for the following consents and approvals as required:

i. For any discharge into a watercourse, river, or soakaway, approval under the Order as required from the Environment Agency;

ii. For any discharge into a sewer, consent under the Order will be required from Severn Trent Water or the Environment Agency as appropriate.

Spill response kits containing equipment appropriate to the quantity and types of materials present on site will be available in the event of a fuel spillage and personnel will be trained in their use.

C4.2 PROTECTION OF AQUIFERS

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The Contractor will have due regard for underlying aquifers and adhere to the Environment Agency's Groundwater Protection Policy. In all instances, appropriate protection of aquifers will be undertaken, following liaison with the Environment Agency regarding the piling and construction techniques to be employed. Details of appropriate measure to prevent groundwater contamination (including monitoring) will be agreed with the Environment Agency, in writing, prior to commencement of the relevant Works.

C4.3 CONTROL AND MANAGEMENT OF FOUL DRAINAGE

Foul water and sewage effluents produced by the construction workforce will be contained by temporary foul drainage facilities to be installed, except where facilities in existing buildings are used at a Construction Compound. All foul water and sewage effluents will be disposed of off-site by a licensed contractor.

C5 CONSTRUCTION NOISE AND HOURS OR WORKING

C5.1 HOURS OF WORKING

The normal hours of working ("normal working hours") shall be:

Monday - Friday 0800 -1800

Saturday 0800-1300

In addition, on weekdays there will be a half hour start up period, 0730 to 0800, and a half hour shut down period, 1800 to 1830 when the site may be occupied, but no noisy activities will be permitted that could cause disturbance to neighbours during the start up and shut down periods. No deliveries will be made during the start up and shut down periods unless agreed in advance with the Local Authority.

These hours of work do not apply to equipment which is required to operate continuously (eg for safety reasons) (see Section 5.2(iii) below) or in emergency situations where safety might be compromised. The Contractor shall minimise work outside those hours and will only be permitted to undertake work outside those hours with the prior approval of the Local Authority's Environmental Health Officer and the local Highway Authority. No deliveries will be made outside of the above hours unless agreed in advance with the Local Authority.

Where the Contractor proposes additional or alternative working hours for environmental, construction or safety reasons, this will be subject to the written approval of the relevant Local Authority. The Promoter may require that certain construction works are undertaken outside of the normal working hours.

Where scheduled work is agreed outside of normal hours, seven days notice must be given to local residents. The Contractor will inform the Local Authority of any emergency works carried outside normal or agreed working hours.

C5.2 CONSTRUCTION NOISE CONTROL

The Contractor shall have a general duty to take all practicable measure to minimise nuisance from noise. The noise limits specified in this section or which may be agreed with the Local Authority must not be regarded as a licence to make noise up the allowable limit.

The Contractor shall liaise and consult with the Local Authority with regard to permissible levels of noise, except where works are remote from any sensitive receptors and shall apply

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in good time for consent under Section 61 of the Control of Pollution Act 1974 and take such other steps as may be necessary to enable the Works to proceed. The Contractor shall comply with the terms of consent issued by the Local Authority, and the Promoters may require the Contractor to cease work immediately in the event of failure to comply.

Noise limits for any works that may be carried on outside of normal working hours shall also be agreed with the Local Authority through the Section 61 agreement process.

Subject to the specific requirements of the Local Authority, the Contractor shall use Best Practicable Means (as defined in Section 72 of the Control of Pollution Act) to control noise levels to within the following limits:-

(i) During normal working hours, as defined in Section 5.1, the noise levels measured one metre from any occupied dwelling or other building used for residential purposes, generated by construction plant and equipment, including the movement of vehicles to and from the Site should not exceed the following limits:

Period

Monday to Friday 75dB LAeq, 10 hour

(ii) Outside normal working hours, the following limits shall apply:

Monday to Friday 1900-2200 65dB LAeq, 3 hour

Saturday & Bank Holidays 0800-2100 65dB LAeq, 10 hour

1800-2200 65dB LAeq, 3 hour

(iii) The noise levels measured one metre from any school, college or other teaching facility, hospitals and other sensitive receptors resulting from any operation by the Contractor on or off the Site and concerned in any way with the Construction Contract shall not exceed LAeq 65 dB (1 hr).

(iv) The maximum noise level generated by the Works measured one metre from any office building or other building used for office purposes during normal working hours shall be as defined in subclause (i) above.

If the Contractor's predictions, or actual sound level measurements, indicate that for specific occupied buildings the above noise limits will be exceeded for more than 10 out of 15 consecutive working days, even with the application of Best Practicable Means (BPM), the Contractor shall install appropriate mitigation measures.

Where these measures comprise noise insulation, this shall generally be in accordance with the provisions of the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996.

Without prejudice to the other requirements of this Section, the Contractor shall comply with the recommendations set out in BS 5228 "Noise Control on Construction and Open Sites" and in particular with the following requirements:

(i) All vehicles and mechanical plant used for the purpose of the work shall be fitted with effective exhaust silencers and shall be maintained in good and efficient working order.

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(ii) All compressors shall be "sound reduced" models fitted with properly lined and sealed acoustic covers which shall be kept closed whenever the machines are in use, and all pneumatic percussive tools shall be fitted with mufflers or silencers of the type recommended by the manufacturers.

(iii) All machines in intermittent use shall be shut down in the intervening periods between work or throttled down to a minimum. Noise emitting equipment which is required to run continuously shall be housed in a suitable acoustic enclosure (see BS5228 Part 1:1997, Figures B.1, B.2 and B.3).

(iv) Items of plant shall be maintained in good working condition so that extraneous noises from mechanical vibration, creaking and squeaking are reduced to a minimum.

(v) As far as reasonably practicable, demolition shall be carried out using equipment which breaks concrete by bending in preference to percussive methods.

(vi) All pile driving shall be carried out by plant equipped with a noise reducing system or by silent driving systems.

The Contractor will be required to appoint and nominate an employee to liaise with the Pollution Control Section of the Local Authority. The Employee shall be contactable through a telephone number made known to the Local Authority. The Contractor's nominated employee will also notify the Local Authority Environmental Health Officers of planned activities on a monthly basis. Such an employee, or an appointed deputy, will be available whenever noisy construction activities are taking place in noises sensitive areas to investigate any noise or vibration complaint and to attend any liaison committee meetings which may take place to report noise survey results, the outcome of the routine inspections and actions taken on receipt of complaints. The employee shall have the authority to stop operations eg if noise from the works is likely to cause disturbance, in the reasonable opinion of the Local EHO, and where Best Practicable Means is not being implemented to minimise disturbance, or the requirements of the Local Authority is not being complied with.

C6 VIBRATION

Subject to any reasonable specific requirements of the Local Authority, the Contractor shall use BPM to control vibration levels to comply with the following minimum requirements:

i. To protect residents and users of buildings from nuisance and harm, the Contractor shall, as far as reasonably practicable, not exceed Vibration Dose Values as specified in BS6472:1992 "Guide to evaluation of human exposure to vibration in buildings" which will result in a "low probability of adverse comment".

ii. To protect buildings from physical damage, peak particle velocity levels should not exceed 5 mm / sec, except for particularly sensitive buildings where the level should not exceed 3 mm / sec. Those buildings which are to be considered as sensitive shall be agreed with the Local Authority.

Where works cannot be carried out within these limits the Local Authority may agree to such works taking place subject to reasonable additional controls and conditions.

C7 DUST AND AIR POLLUTION

C7.1 DUST

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The Contractor shall take all reasonably practicable measures to avoid creating a dust nuisance during both construction and demolition works.

Mitigation measures to be taken by the Contractor to reduce any nuisance that may be caused by dust shall include the following:

i. providing easily-cleaned hardstandings for vehicles (see Clause 3.5(i));

ii. hard surfacing heavily-used areas, which shall be kept clean through regular brushing and water spraying regularly;

iii. controlling dust released from cutting or grinding of materials on site;

iv. sheeting completely the sides and top of all vehicles carrying spoil and other dusty

materials;

v. watering unpaved surfaces and roads;

vi. limiting vehicle speeds on unpaved surfaces to 20kph; vii. where there are stockpiles of material, damping down or otherwise suitably treating them prevent the emission of dust from the site. Stockpiles should be planned and sited to minimise the potential for dust generation. The handling of material should be kept to a minimum and when deposited onto a stockpile it should be from the minimum possible height.

viii. ensuring skips and removal vehicles are be properly covered when leaving the site. Materials should be handled in such a way so that is does not give rise to excessive dust. Watering of rubble chutes shall be undertaken where necessary to prevent dust emission.

ix. ensuring that the area around the site, including the public highway, is regularly and adequately swept to prevent and accumulation of dust and dirt. The use of wheel cleaning facilities and road sweeping equipment may be required.

C7.2 SPECIAL PRECAUTION FOR ASBESTOS

Special precautions shall be taken if materials containing asbestos are encountered.

The Contractor will comply with the Control of Asbestos at Work Regulations 2006 and will observe the exposure limits and measurements methods for asbestos which are set out in HSE Guidance Note EH 10 1988.

The Contractor will also comply with HSE Guideline Note MS13 Asbestos 1988, the Health and Safety Commission Approved Code of Practice and Guidance Note Work with Asbestos Insulation and Asbestos Coating 1983 which describe in detail the precautions necessary when working with asbestos insulation etc. The Approved Code includes detailed advice on waste disposal.

C7.3 AlR POLLUTION

The Contractor shall comply with the provisions of the Environment Act 1995, the Clean Air Act 1993 and the Health and Safety at Work Act 1974.

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The Contractor shall also comply with the Control of Substances Hazardous to Health Regulations (COSHH) 1999, HSE Guidance Notes EH 40 / 90 and EH 40/ 97 on Occupational Exposure Limits, and the Control of Lead at Work Regulations 1998 (see also Section C8.2).

The burning of materials on the Site will not be permitted. The Contractor shall take all necessary precautions to prevent the occurrence of smoke emissions or fumes from the site plant or stored fuel oils for safety reasons and to prevent such emissions of fumes drifting into residential areas. In particular, plant shall be well maintained and measures taken to ensure that it is shut down in the intervening periods between work or throttled down to a minimum.

The following will be undertaken, where reasonably practicable, to reduce the risk of air pollution:

i. use of processes that do not generate hazardous fumes and / or hazardous dust; and

ii. ensuring that airborne hazards do not escape from the Site to affect members of the public and surrounding environment.

Off-road mobile vehicles eg bulldozers, excavators, tractors and loaders, with compression ignition engines must comply with emission standards set in EC Directive 97 / 98 / EC, meeting Stage II limits where possible. Off-road mobile vehicles should be run on low sulphur diesel.

On-road vehicle emissions are regulated through the Road Vehicles (Construction and Use) Regulations (as amended), and the Motor Vehicles (Type Approval) (Great Britain) Regulations made under the Road Traffic Act 1988. Further amendments implement the European Directives on vehicle emissions known as the EURO standards. The EURO standards set emission limits for several pollutants from different types of vehicles. Construction vehicles will be required to comply with relevant EURO standards. Drivers will be required to:

i. switch off their vehicle's engines when stationary to prevent exhaust emissions (and noise); and

ii. keep their engines in tune and their catalysts working efficiently. Any complaints about emissions form the Works will be recorded, investigated at the earliest opportunity and any corrective measures implemented without undue delay. The Contractor will undertake regular liaison with the Local Authority regarding measures to control emissions.

C8 DISPOSAL OF WASTE AND CONTMINATED MATERIALS

C8.1 WASTE

The Contractor will develop a Waste Management Plan which will identify:

i. responsibilities for waste management;

ii. the waste category and quantities of materials likely to be generated by the Works;

iii. proposal for recycling and / or re-use of such materials;

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iv. the proposed method of storage, handling and transportation of waste;

v. the means and routes of disposal and the relevant consents; and

vi. licensing requirements.

The plan will include an audit programme to be undertaken by the Contractor to demonstrate compliance with statutory requirements.

The plan will also make provision for the following requirements.

i. Spoil arising from the works which is classed as "acceptable fill" will, wherever practicable, be used in construction works. Materials such as kerbs etc will be recycled where possible to minimise waste.

ii. The disposal of waste, including any surplus spoil, will be managed so far as is reasonably practicable to maximise the environmental and development benefits from the use of surplus materials and reduce any adverse environmental effects of disposal.

Hi. Disposal sites will be identified by the Contractor in consultation with the Local Authority and the Environment Agency.

iv. The Contractor will comply with approved guidance and procedures in the identification, handling, storage, recovery and disposal of waste. The Contractor will also comply with measures set out in Section 4.1 regarding discharges to controlled waters and wastewater.

v. The Contractor must make provision for a suitable environmental specialist to identify a "special waste", as defined in the Special Waste Regulations 1996 No 972, so that they can be suitably managed and disposed of during the works.

vi. The Contractor shall have due regard to the Landfill Directive which came into effect in July 2002.

C8.2 CONTAMINATED LAND AND MATERIALS

Before the Works commence, a desktop study and a site investigation, to the extent required, shall be carried out in respect of the Site, and in accordance with draft planning condition 2.

Where site investigation reveals the presence of contaminated land, the Contractor will prepare a land assessment report and contaminated land management plan to comply with all relevant handling and disposal legislation. The land assessment report and contaminated land management plan shall be prepared by a reputable consultant, and shall identify any necessary remediation measure to render the land fit for the intended purpose and any long term measures that are necessary with respect to contaminants remaining on the Site.

The land assessment report and contaminated land management plan shall be prepared in accordance with the draft CoCP, or such other principles as may subsequently be agreed with the Local Authority and in consultation with the Environment Agency.

Any contaminated material encountered will be dealt with in compliance with best practice and statutory guidance; for example the Control of Substances Hazardous to Health

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(COSHH) Regulations and through the Construction Design and Management (CDM) Regulations 1994.

The Contractor will identify those areas within the Site where contaminated land may be encountered. The Contractor will be required to:

i. carry out appropriate site investigations to the satisfaction of the Local Authority to determine the extent and type of contaminants present on the Site;

ii. carry out risk assessment evaluations to consider potential sources, pathways and receptors;

iii. liaise with the Local Authority and Environment Agency with a view to addressing their reasonable requirements and agreeing control or protection measures necessary for dealing with contaminants identified by the risk assessment evaluation;

iv. develop transportation and other management procedures to be followed in the event that contaminated or hazardous materials are discovered on site;

v. obtain any necessary licences for the stores, treatment and disposal of water (including dewatering discharge);

vi. use registered waste carriers or seek registration as a waste carrier for the handling of all wastes, including contaminated materials; and

vii. ensure that removal and disposal of contaminated materials complies with a strict consignment note system.and that delivery is to appropriately licensed disposal facilities.

Appropriate precautions must be taken if materials containing asbestos are encountered. The Contractor will comply with the Control of Asbestos at Works Regulations 2006 and will observe the exposure limits and measurements methods for asbestos which are set out in HSE Guidance Note EH 10 1998 (see also Section 7.2).

If materials contained leas are encountered, the Contractor will comply with The Control of Lead at Work Regulations 1998 so that contaminated materials are handled and disposed of safely and properly.

C9 ECOLOGY

C9.1 ENCROACHMENT ONTO WILDLIFE AREAS

The Contractor shall comply with the provisions of the Wildlife and Countryside Act 1981, as amended, and other relevant nature conservation legislation, policy and guidance. The following general principles will be applied where appropriate.

i. Habitat loss will be minimised by restricting the working width and extent of Work Site areas to a practical minimum. Removal of habitats and enhancement works will be undertaken as appropriate, in consultation with Natural England.

ii. Habitat disturbed during construction in areas not required for permanent works will be restored on completion of the Works, the details of which will be developed in consultation with the Nature Conservation advisers for Nottingham City Council,

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Nottinghamshire County Council, Natural England and Nottinghamshire Wildlife Trust, as appropriate.

iii. Professional ecological advise will be taken by the Contractor to ensure that mitigation measures are correctly carried out and to supervise the removal of habitat.

iv. Impacts on adjacent wetland habitats and watercourses will be minimised through appropriate design of site drainage, and by use of special techniques to maintain existing drainage patterns along sensitive sections of the route.

v. Care will be taken to avoid direct effects on any of the areas of nature conservation interest identified other than those affected by the Works, including Sites of Importance for Nature Conservation (SINCs), Local Nature Reserves (LNRs) and wildlife corridors. Such areas will be fenced to prevent habitat damage. Fencing to prevent habitat damage will be maintained and exclusion enforced by the Contractors Environmental Officer.

vi. Suitable precautions shall be taken to prevent the entry of pollutants into any bodies of water and any such incidents shall be reported to the Environment Agency and Natural England (see also requirements of Section C4). Adjacent habitat will be fenced off and staff given awareness training, where appropriate.

C9.2 PROTECTION OF PROTECTED SPECIES

All bridges, other built structures, and mature and dead trees will be checked for roosting bats and nesting birds prior to removal. If bats, or nesting birds, are found appropriate mitigation measures will be agreed with Natural England and/or Defra, as appropriate, and implemented. Wherever appropriate, bat bricks will be incorporated into the design of any bridge reconstruction, replacement, or extension works to provide bat roosting habitat.

All suitable habitat will be checked for badgers prior to construction to check that these itinerant animal have not moved into the area since earlier surveys. If badgers are present, mitigation measures will be implemented in consultation with and under licence to Natural England.

It is unlikely that translocation of water voles will be required although this will require confirmation with Natural England. Where appropriate, methods to improve the watercourse for water voles will be carried out and monitored for success. All mitigation measures will be agreed in advance with Natural England and the Environment Agency.

If any protected species are identified during construction, appropriate mitigation measures will be agreed with Natural England, and implemented.

C9.3 PROTECTION OF BREEDING BIRDS

The Wildlife and Countryside Act 1981 protests nesting wild birds, their eggs and their nests. Where required, habitat removal will take place outside the breeding bird season if possible (Mid-March to end of July). Where this is not possible, advise on mitigation will be sought from a qualified professional. It may be necessary to hand-search habitat for birds prior to habitat removal. If nesting birds are found, they must not be disturbed until they have left the nest.

C9.4 PROTECTION OF MATURE TREES

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Loss of trees will be avoided wherever reasonably practicable. Prior to any felling of trees within the working corridor, they will be assessed in accordance with the conditions attached to the deemed planning for their suitability as bat roosts by a licensed bat handler and any necessary measures taken, in consultation with Natural England.

Where appropriate, the requirements of BS 5837:2005 "Guide to Trees in Relation to Construction" shall be complied with.

Adverse effects on all trees whether statutorily protected or not within or in the vicinity of the Site shall be minimised by the adoption of suitable mitigation measures, including, but not limited to the following (where appropriate), in accordance with draft planning condition 5, and agreed with the Local Authority:

i. selective removal of lower branches in an approved manner, to reduce mechanical damage by construction plant;

ii. the use of matting around the root zone to prevent excess soil compaction;

iii. the use of chestnut paling around the trunk to prevent damage; and

iv. notwithstanding (ii) above, construction activities shall be controlled in the vicinity of all trees so as to minimise excessive compaction of the ground beneath the entire canopy of the tree. No heavy materials or plant shall be stored, and construction traffic movements shall be controlled, by fencing or other means, so as to minimise vehicle movement within the root zone area.

For the purposes of this clause, trees are defined as trees of over 20cm girth at a height of 1.5m above ground level.

C9.5 CONTROL OF INVASIVE SPECIES

Japanese knotweed Fallopia japonica and Giant hogweed Heracleum mantegazzianum are know to be present along the NET Phase 2 corridor. To comply with the Wildlife and Countryside Act 1981 the Contractor will implement a strategy during the construction phase of the development to ensure the control of, and prevent the spread of, Japanese Knotweed Fallopia japonica and Giant hogweed Heracfeum mantegazzianum within the Site and in the wider surrounding area.

C9.6 TREE REPLACEMENT

Tree removal will be minimised. It if is necessary to remove trees consideration will be given to replacing them with native trees.

Any tree that is damaged or cut down without approval or dies as a consequence of the construction shall be treated or be replaced by a suitably sized transplant to the approval of the Local Authority.

C9.7 DEMOLITION OF BUILDINGS

All buildings and structures will be checked for bats by a qualified bat surveyor prior to demolition. Any mitigation measures will be agreed in advance, and be under licence to, Natural England and/or Defra.

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Construction of the main alignment will require the demolition of certain buildings. In some situations buildings identified for demolition have also been identified as of potential interest as habitat for roosting bats. These include buildings at Crocus Place, Lenton, University of Nottingham, Chilwell Road, Gwenbrook Avenue, Neville Sadler Court, Farnborough Avenue and Fletcher Road. Confirmation of any actual roosting activity will be required during appropriate survey periods prior to implementation of appropriate impact mitigation measures for roosting bats.

C9.8 REINSTATEMENT OF UNDEVELOPED LAND

Any undeveloped land temporarily occupied by Works Sites will be reasonably reinstated, as appropriate, to specifications agreed with the relevant Local Authority.

C10 HISTORIC BUILDINGS AND ARCHAEOLOGY

C10.1 ARCHAEOLOGICAL FEATURES

Prior to construction, an archaeological desk based assessment will be undertaken by the Contractor to establish in which locations archaeological deposits might still survive. The specification of this desk based assessment will be agreed with the Local Authority's Conservation officer and English Heritage, and will assess the full extent of archaeological deposits, which could be disturbed during the construction process.

An archaeological watching brief will be carried out during groundworks in the construction phase of the project. In accordance with draft planning condition 8, archaeology will be dealt with in the following way:

i. a specification for the field work will be agreed with the Local Authority and English Heritage;

ii. a suitably qualified archaeological consultant recognised by the Local Authority will be present on the Site during or prior to construction to establish the presence or absence of archaeological features;

iii. if an archaeological presence is established, a further specification for field work will be agreed with the Local Authority and English Heritage; and

iv. in the absence of archaeological features, English Heritage will be informed and a final report detailing the results will be lodged with the Local Authority.

C10.2 LISTED BUILDINGS

The Contractor and/or Promoter shall comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Act 1990 and shall adhere to all necessary consents gained at the TWA stage for works to listed buildings or within a conservation area.

The Contractor and /or Promoter shall liaise with the Local Authority's Conservation Officer at an early stage on any works affecting, or likely to affect, listed buildings or a conservation area.

C11 SITE ARRANGEMENT

C11.1 SITE HOUSEKEEPING

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The Contractor shall follow a "good housekeeping" policy at all times. This shall include, but not necessarily be limited to, the following requirements:

i. open fires will be prohibited at all times;

ii. rubbish will be removed at frequent intervals and the Site kept clean and tidy;

iii. hoardings shall be frequently inspected, repaired and re-painted as necessary;

iv. adequate and clean toilet facilities shall be provided for all Site staff;

v. no radios;

vi. food waste shall be removed frequently;

vii. the wheel washing facilities area shall be brushed clean frequently; and

viii. no smoking in working area.

All loading and unloading of vehicles shall take place off the publish highway wherever this is practicable. Representatives of the Contractor will carry out weekly Site inspections.

C11.2 FENCING AND HOARDINGS

The Site shall be completely and adequately fenced from public ingress. Forms of fencing and hoarding are dependent upon location but may include:

i. A post and chain link/mesh fence, where appropriate for minimum security.

ii. A 2.4m minimum height, plywood faced, timber framed boundary hoarding, of a surface density of not less than 6 kg/m2 or similar hoarding to comply with security and noise limitation requirements.

Where appropriate hoardings that create poorly-lit walkways will have bulkhead lights fitted and these will be illuminated in hours of darkness.

Fencing and hoardings should be neat and tidy and in a good state of repair.

Gates in the fencing or hoarding will, as far as is practicable, be positioned and constructed to minimise the noise transmitted to nearby noise sensitive buildings directly from the Site or from plant entering or leaving the Site.

At each Work Site the Contractor shall provide an information board detailing information on the site programme and telephone contacts (including the 24 hotline number) for use by members of the public.

All fencing and hoarding will be removed as soon as reasonably practicable after the completion of the Works. Lighting and hoarding will be removed as soon as is consistent with the safe and efficient operation of each Work site.

C11.3 SECURITY

Adequate security shall be exercised by the Contractor to prevent unauthorised entry to or exit from the Work Site and / or Construction Compound. Site gates shall be closed and

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locked when there is no construction activity and site security provisions will be set in motion.

Site security cameras, where used, shall be placed in locations which will not cause offence to or unduly infringe on the privacy of local residents. All construction personnel will visibly carry identification.

C11.4 ACCESS FOR FIRE APPLICATIONS

The requirements of the Civil Defence (General Local Authority functions) Regulations 1993, SI 1993 No 1812 shall be followed in the provision of site access and this will be monitored by the Contractor and the local fire authority.

C11.5 LIVING ACCOMMODATION

No living accommodation will be permitted on the Site except with the approval of the Local Authority. Mess rooms, locker room, toilets and showers and other welfare facilities will be permitted.

C11.6 CLEARANCE OF SITE ON COMPLETION

The Contractor shall clear up all areas connected with the construction work both within and outside the Site as work proceeds and when no longer required for the carrying out of the Works.

All surplus spoil and materials, temporary roads and hardstandings, plant, sheds, offices and temporary fencing shall be removed, post holes filled and the surface of the ground restored as near as practicable to its original condition. Along the highway the completion must be streetscape design manual compliant. See Section 8.1 for detail on waste disposal.

C11.7 PEST CONTROL

The Contractor shall ensure that the risk of infestation by pests or vermin is minimised by adequate arrangements for the disposal of food waste or other material attractive to pests. If infestation occurs the Contractor shall take such action to deal with it as required by the Local Authority's Environmental Health Officer.

C11.8 SAFETY

C11.8.1 Emergency Contacts and Procedures

The Contractor shall prepare and maintain an Emergency Contacts Set of Procedures for each Work Site which shall be displayed prominently at each Site. These procedures shall be followed in any site emergency.

The procedures shall contain emergency telephone numbers and the method of notifying local authorities / emergency services for action by the Contractor and the Promoter's site staff. Copies of the procedures will be issued to the Local Authority, the Fire Brigade, the Police, the Ambulance Service and the relevant statutory authorities.

Emergency telephone numbers for the Contractor's key personnel shall also be included for the Promoter's use, should the need arise.

C11.8.2 Crane Arcs

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Crane arcs shall be confined within the boundaries of the Work Site unless agreed otherwise with the relevant Local Authority, Highway Authority and the Police.

C11.8.3 Use of Explosives

The use of explosives shall not be permitted except in exceptional circumstances. Prior approval from the Promoters and the Local Authority shall be obtained.

C11.9 LIGHTING

Lighting to site boundaries shall be provided with illuminations sufficient for the safety of the passing public, including the visually impaired. Highway lighting hall be maintained at all times, unless otherwise agreed with the Highway Authority.

In particular, precautions shall be taken to avoid shadows cast by the site hoarding on surrounding footpaths and roads.

Site lighting shall also be positioned and directed as so to minimise nuisance to residents and to minimise distractions or confusion to passing drivers on adjoining public highways. This provision will apply particularly to sites where night working will be carried out and the Contractor shall provide appropriate lighting for these sites.

The Contractor shall comply with the Institute of Lighting Engineers document Guidance Notes for Reduction of Light Pollution 2000 (revised 05/03).

Arrangement for site lighting shall be subject to the approval of the Local Authority.

C11.10 PROTECTION OF EXISTING INSTALLA TIONS

C11.10.1 Information

The Contractor will be required to make his own investigations and to take all appropriate actions in order to protect existing foundations, buildings, structures, walls, roadways, sewers, cables and other services, apparatus and installations.

CI1.10.2 Safeguarding

The Contractor shall properly safeguard all buildings, structures, works, services or installations which might be affected by the Works form harm, disturbance or deterioration throughout the duration of the Works. The Contractor shall take all necessary measures required for the support and protection of all buildings, structures, pipes, cables, sewers, railways and other apparatus which might be affected by the construction work throughout the duration of the Works.

C11.10.3Use of Existing Structures

The Contractor shall not locate stockpiles of materials, stores, plant or temporary works upon or adjacent to or under existing structures such as bridges, viaducts, towpaths, walls and embankments in such a way as to endanger these structures.

C11.10.4 Structural Damage Assessments before Construction of Works

Before commencing any piling, foundation excavation, or ground improvement works, the Contractor shall prepare a schedule of buildings, structures and major utilities within the

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zone of influence of the engineering work. The schedule shall identify those properties which may be at risk from ground movement (settlement of heave) or vibration arising from the construction, based upon the final design and method of construction for the Works.

The Contractor shall, at his own expense, appoint a reputable firm of Chartered Surveyors or Engineers to prepare a defects survey of each building, structure or major utility which is identified in the schedule of properties within the zone of influence as having a reasonable risk of damage. Such surveys shall be carried out generally by agreement with the property owner, and by agreement with the Environment Agency for all such structures within 8 m of flood defences. Prior to entering land or buildings the Contractor should obtain permission to undertake a condition survey, where such permission is not given the provisions of this clause will not apply.

At least one month prior to commencement of the relevant excavation works, a copy of each defect survey shall be provided to the Promoter and the interested party.

During the construction works, the Contractor shall monitor buildings and structures identified in the schedule as having a significant risk of damage for signs of movement and structural damage.

C11.10.5Defects Survey after Construction of Works

After the construction works have been completed and at any time up to two years after the opening of the system to passenger operations, the interested party may, upon providing the Promoters or the Contractor with reasonable evidence of damage, request that a second defects survey is undertaken. This shall take the same form as the first survey and shall be undertaken by the same firm of Chartered Surveyors or Engineers at the Contractor's expense.

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