Archived decisions

APPENDIX

HAMPSHIRE COUNTY COUNCIL

AND

PORTSMOUTH CITY COUNCIL

Transport and Works Act

Transport and Works

(Applications and Objections Procedure) Rules 1992

THE SOUTH HAMPSHIRE RAPID TRANSIT ORDER

Code of Construction Practice

0.1 DEFINITIONS

0.2 Reference to the `relevant local authority' is the Portsmouth City Council, Gosport Borough Council or Fareham Borough Council, as appropriate.

1. THE SCHEME AND THE ROLE OF THE CODE OF CONSTRUCTION PRACTICE

1.1 The Scheme and its Construction

Hampshire County Council and Portsmouth City Council are promoting a light rapid transit (LRT) system between Fareham, Gosport and Portsmouth, to be known as South Hampshire Rapid Transit, Phase 1. The promoters will appoint a Concessionaire to design, build operate and finance the system. The proposed route runs along a disused railway corridor for much of its length and crosses Portsmouth Harbour via an immersed tube tunnel. This document is the Code of Construction Practice for the scheme and sets out measures which it is intended will be imposed by the promoters of the scheme, on its Concessionaire and their contractors to ensure that the environmental effects of construction are either avoided or minimised. (The predicted environmental impacts of construction are set out in the Environmental Statement for the scheme, copies of which are available from the promoters).

It is anticipated that construction of the LRT will occur over a period of approximately 36 months.

1.2 Environmental Management and the Code of Construction Practice

The application of environmental management, in particular during construction, is becoming standard practice for large scale projects. In keeping with this the promoters have developed a practice approach to environmental management. In specifying construction practices the scheme, the overall objectives of the promoters are to:

· ensure compliance with relevant environmental legislation; and

· minimise environmental effects during construction.

The key tool for realising these objectives is the Code of Construction Practice. The Code of Construction Practice covers the environmental and safety aspects affecting the interests of local residents, businesses, the public and the surroundings in the vicinity of worksites. In so doing, it takes account of the environmental impacts and mitigation set out in the Environmental Statement for the scheme. The provisions of the Code of Construction Practice will be included, where appropriate, in the construction contracts.

2. MANAGEMENT OF CONTRACTORS

2.1 Overview

There are a number of environmental management measures which the Concessionaire will be required to implement. These relate to:

· contractor selection;

· construction contracts;

· supervision of contractors; and

· community relations.

2.2 Contractor Selection and Contracts

In selecting construction contractors, the Concessionaire will be required to have regard to each tenderer's ability to demonstrate environmental awareness. Relevant experience and examples of previous performance will be sought and previous employers canvassed on actual performance. Tenderers will have to state how they would:

· meet the provisions of the Code of Construction Practice;

· control work on site;

· control sub-contractors; and

· set up monitoring regimes, where appropriate.

They must also be able to demonstrate that they have personnel suitably qualified to manage environmental matters as well as:

· their ability to comply with environmental legislation;

· their approach to environmental management;

· their commitment to continue improvement of environmental performance.

The terms and conditions of each contract will impose obligations on the Contractor to comply with the specified environmental requirements and provisions set out in this document. Construction contracts will contain provisions to stop a contractor working if environmental performance standards are not complied with (see Section 2.3).

The Contractors will be required to work to a quality plan which will be scrutinised by the Concessionaire before it is approved for use. This plan will take account of, where relevant, the provisions set out in Section 3 of this document and environmental monitoring programmes and protocols.

2.3 Supervision of Contractors

A specific member of the Concessionaires supervising engineer's team will have responsibility for monitoring and recording the Contractor's environmental performance (Environmental Performance Officer).

It will be the Contractor's responsibility, in the first instance, to ensure that the provisions of the Code of Construction Practice are adhered to, primarily through application of their quality plan. However, the Environmental Performance Officer will inspect worksites and will be responsible for enforcing the Provision of the Code of Construction Practice. A representative of the relevant local authority will be invited to attend these inspections.

Should the Contractor be found not to be complying in any respect with the Code of Practice, a period of three days, or a shorter period if deemed necessary by the Concessionaires, will be allowed for the Contractor to rectify the situation.

If, after this period, the Contractor fails to meet the provisions of the Code of Construction Practice, despite having taken all the measures describe in their quality plan, they will be required to adopt such additional measures to minimise impacts as may be agreed between the Concessionaire and the relevant local authority.

Where the Environmental Performance Officer is of the opinion that the Contractor is still not complying with a particular provision, and that this situation cannot be rectified promptly, the officer will have the sanction to stop work at the worksite in question. Work will not be permitted to continue until such time as the Contractor is able to satisfy the Environmental Performance Officer and the relevant local authority that a practical solution to the problem has been identified. The Contractor will be solely responsible for any financial or other loss in the programme attributable to such incidents.

2.4 Community Relations

At each work site, the Contractor will be required to establish and maintain liaison with the local community.

A nominated member of the Concessionaires staff will be available to deal with queries and complaints from the public during the works. A 'hotline' will be provided and staffed during site work hours (See Section 3.3.1). A hotline telephone number will be displayed on hoardings and heavy goods vehicles (HGVs) transporting materials to and from worksites.

3. PROVISIONS WITH WHICH CONTRACTOR MUST COMPLY

3.1 General Management of Site Activities

The Contractor shall ensure the following general requirements are met to the satisfaction of the Concessionaire in relation to construction works:

· Detailed daily records to be kept of climatic conditions including rainfall, minimum and maximum temperatures and humidity.

· Records of construction plant used on the site shall be maintained at calendar weekly intervals.

· All necessary and reasonable measures shall be taken to minimise fire risk and the Contractor shall comply with the requirements of the local fire authority.

· Open fires are prohibited at all times.

· Rubbish will be removed at intervals to be agreed with the Environmental Health Officer of the relevant local authority.

· Toilet facilities will be cleaned at intervals to be agreed with the Environmental Health Officer of the relevant local authority.

· Food waste will be removed on a daily basis.

· Wheel washing facilities will be brushed clean at intervals to be agreed with the highway authority.

The Contractor shall not allow any living accommodation on site except with the prior written consent of the relevant local authority, Mess rooms, locker rooms, toilets and showers will be permitted.

Where practicable and suitable the Contractor will arrange for viewing areas at certain sites, these to be agreed in conjunction with the relevant local authority.

The Contractor shall provide suitable lighting to the site boundaries with illumination at levels adequate for the safety of the passing public including mobility impaired people. Site lighting must be designed, positioned and directed so as not to intrude unnecessarily on passing drivers on public highways, and having due regard to residential premises neighbouring the site.

If site security cameras are provided by the Contractor, these must be located in positions which will not cause offence to local residents or commercial business premises.

On completion of construction works the Contractor will within a timescale agreed by the relevant Local Authority clear away and remove from each work site all plant, surplus materials, rubbish and temporary works of every kind and leave the whole of each work site and works in a condition to satisfaction of the relevant local authority.

3.2 Minimising Disruption to Road Users and Pedestrians

3.2.1 Work Affecting Carriageways, Footpaths and Street Furniture

Before commencing works which will involve disruption to roads or footways, the Contractor will advise the highway authority, at least three weeks in advance, as to the extent of the area being occupied and the period over which such works will occur. The Contractor's contract will require that the following provisions are adhered to:

· The arrangements for the provision of temporary or diverted footway must be to the satisfaction of the Highway Authority.

· Temporary and diverted footways must be clearly signed; where footways are diverted on to the carriageway, clearly defined, continuous barriers must be provided.

· Temporary and diverted footpaths must be accessible to those with mobility impairments; there should be no steps or gradients greater than 1:12.

· Pavements ramps will be provided at junction between carriageways and footpaths; these should not exceed a 1:12 gradient.

· Temporary footways must have a uniform, non-slip surface.

· Footways shall be kept clear of mud at all times.

· All openings or obstructions on the carriageway or footway must be barricaded with a continuous rail (lit at night) strong enough to prevent deviation form the footway should a visually impaired person walk into it.

· Access points from worksites onto the highway network must be agreed with the Highway Authority.

· Adequate vehicle and pedestrian access to the historic dockyard and Gosport High Street must be maintained at all times.

· The Contractor shall take measures to prevent damage to roads, kerbs and footpaths and will be responsible for undertaking temporary and permanent repairs where damage occurs as a result of works activity. All repair work shall meet the specifications of the Highway Authority.

· All street furniture in the vicinity of the worksites shall be protected in accordance with the reasonable requirements of the owners. Street furniture which has to be moved in the course of works will be removed by the Contractor. Any damage caused to street furniture which is being protected or removed will be repaired by the Contractor at his expense and as soon as reasonably possible, to the satisfaction of the owners.

3.2.2 Control of Mud on Roads

Mud on the road is a source of nuisance and reduced road safety. A number of measures are set out below, which Contractors operating worksites used as a base for tunnelling will be required to adhere to.

· Easily cleanable hardstandings will be provided for vehicles entering, parking and leaving the site.

· Wheel washing facilities (including, where reasonably practical, mechanical wheel spinners) will be provided adjacent to all site exit points.

· An approved mechanical road sweeper will be used to clean hardstandings and any mud or debris deposited on roads at frequencies and to standards to the satisfaction of the Highway Authority. The sweeper shall be available at all times during site working hours.

· HGV spoil loads must be covered by sheeting to prevent spoil falling off on to the road.

3.2.3 Management of Lorry Movements

Where possible, Contractors will transport bulk materials to and from harbour worksites using barges for as much of the total haul as is practicable.

Contractors will be required to use HGV routes agreed in writing with the Highway Authority.

HGVs transporting materials to and from worksites will be identifiable by a sticker in prominent positions on the front, sides and rear of the HGV. This will enable compliance with approved HGV routes to be monitored, as well as to monitor the conduct of drivers. Such monitoring to be carried out on a continuing basis by the Contractor.

Unless there is a temporary Traffic Regulations Order in force which permits loading and unloading on the public highway, all loading and unloading will be undertaken within worksites.

HGVs shall be equipped with in-cab communication, to ensure that loads are not being delivered when the HGV capacity of a worksite is exceeded, to avoid queuing on the highway network

Where appropriate, HGV holding areas (ie designated area where HGVs can wait, if necessary, before accessing a worksite) should be agreed with the Highway Authority.

Drivers will be required to switch off their engines when waiting to enter or leave any site.

HGVs (and other vehicle movements) will only be permitted to traverse footways on purpose-built crossings. HGVs will access and egress worksites in a forwards direction.

3.2.4 Parking Arrangements for Site Personnel

Contractors will be required to provide sufficient parking space for personnel at worksites. If this is not possible, contractors will be required to provide minibus transport for workers between worksites and suitable edge-of-town areas which can be used for workforce parking and which have been agreed in advance with the Highway Authority.

Daytime or overnight parking of HGVs in the vicinity of worksites will not be permitted.

3.2.5 Maintenance of Access - General

The Contractor shall maintain adequate access to all residential and commercial premises as far as is reasonably practicable.

3.2.6 Maintenance of Access to Public Facilities

The Contractor will minimise disruption to bus services arising from works activity. Where it will be necessary to undertake works on an area currently used as a bus stop, the Contractor shall give the bus operator or operators at least three weeks notice.

The Contractor shall maintain adequate access to Portsmouth Harbour Station and Fareham Station as far as is reasonably practicable and in consultation with Railtrack.

3.3 Control of Noise and Vibration and Hours of Work

3.3.1 Working Hours will be limited to between 0700 and 1900 hours Monday to Friday and 0800 and 1530 hours on Saturday. Noisy machinery shall not be used between 0700 and 0800, Monday to Friday or on Saturday. Works subject to the control of the Queens Harbourmaster or Railtrack may be necessary outside these hours due to operational limitations. Where the Contractor needs to undertake work outside the specified hours, the consent of the Concessionaire shall be procured at least two weeks in advance and the relevant local authority will be notified at the time that consent is granted.

3.3.2 Noise

Contractors will be required to ensure that, where possible, noise levels should be below the criteria set out below. These criteria are based on advice set out in the Department of the Environment (DoE) Advisory Leaflet (AL) 72 (1976), Noise control on Building Sites, and conform with those used in the Environmental Assessment of the scheme.

Table 3.3a Criteria for Assessing the Effects of Construction Noise

The noise criteria set out in Table 3.3a relates to the noise levels outside the nearest occupied room and will be used by the Contractor in determining an appropriate method of construction.

In developing their methods, the Contractor shall take into account the noise attenuation measures set out in BS 5228 (1984). All sites where pneumatically operated percussive tools are to be used must be surrounded by hoardings.

Prior to the commencement of works the Contractor will be required to submit to and have approved by the concessionaire

· a method statement stating the type of plant to be used and the proposed noise control measures;

· a programme of work setting out the sound power level and location for each activity on the programme; and

· calculation of L_Aeq at key receptor points.

These measures will be set out in the Contractor's quality plan.

If the Contractor, for any reason other than an emergency, needs to change the type of plant to be used or the programme of works, prior written consent must be obtained from the Concessionaire. If the Contractor needs to change the type of plant being operated for emergency reasons, the concessionaire shall be informed as soon as reasonably possible.

3.3.3 Vibration

The Contractor shall undertake all reasonable measures to:

· Protect residents, users of buildings and passers-by from nuisance or harm arising from vibration; and

· protect buildings from vibration damage.

In so doing, the Contractor will be required to comply with the provisions of BS 6472 (1984). (British Standard 6472 (1984) Evaluation of Human Exposure to Vibration in Buildings (1H^z to 80H^z), BSI, 1984.)

A programme of regular on-site vibration monitoring shall be instigated by the Concessionaire at the commencement of each contract and maintained throughout the life on the contract. The output of this programme will be used by the Contractor constantly to review, and where necessary refine, their management of vibration.

3.4 Control of Dust Emissions and Air Pollution

The Contractor should take all necessary measures to avoid creating a dust nuisance and will submit a statement to the relevant local authority, prior to commencing works, setting out the measures to be undertaken at each site. The statement will give consideration to the following:

· provision of easily cleaned hardstandings for vehicles;

· constant cleaning by brushing and water spraying of heavily used areas;

· enclosure of material stockpiles at all times and effective damping down of dust materials using water sprays;

· storage of materials away from site boundaries, where possible;

· speed limits over unmade site roads;

· sealing or re-vegetation of completed earthworks as soon as reasonably possible;

· mixing of large quantities of concrete or other dry materials shall be undertaken in enclosed areas; and

· any other measures the Contractor considers will be effective in minimising dust emissions and air pollution.

The Contractor will also be required, for safety reasons, to take necessary precautions to prevent the occurrence of smoke emissions or fumes from site plant or stored fuel. The Contractor will also be required to take all reasonable measures to prevent such emissions or fumes occurring in residential areas, work places or public open spaces. Plant shall not be left running when not undertaking specific construction tasks.

3.5 Control of Discharge and Water Pollution

3.5.1 Protection of Marine Waters

With regard to the construction of the immersed tube tunnel, the Concessionaire will require the Contractor to use methods which minimise turbidity and minimise the risk of spillage. These may include:-

· use of hydraulic or suction dredging, as well as appropriate dredging practice (ie not allowing dredge hoppers to overflow etc);

· use of clam-shell grabs to place or remove mud and fill;

· use of specialised barges to contain overflow as dredged material is placed in the hold; and

· use of silt curtains to isolate dredging sites.

A programme of marine water quality monitoring during the dredging works will be instigated by the Concessionaire.

3.5.2 Protection of Inland Surface Waters

The Contractor will be required to address the measures set out below to protect inland surface waters.

· The boundaries of critical areas of earthworks will be marked and surrounded by dykes, embankments etc for flood protection, with temporary drainage ditches as necessary.

· Permanent and temporary drainage channels will incorporate settlement lagoons/sediment traps, as well as baffles to enhance deposition rates.

· Oil separators will be incorporated into discharge streams as appropriate.

· The placing of cement/wet concrete near surface watercourses should be controlled to prevent leakage. This also applies to the washing of mix lorries/cement mixers.

· Water from concrete batching plants will pass through sediment traps and settlement tanks.

· Two retention ponds/settlement lagoons will be used to ensure adequate emergency overflow, these will be constructed with impervious linings in accordance with current best practice.

· All sediment traps will be inspected and cleaned regularly (ie at least once a month).

· Temporary sanitation facilities must be installed on site to treat sewage from workers quarters. The foul water discharges stream will be connected to a foul sewer.

· The release of storm flows will be controlled by the construction site drainage system.

· Storage tanks on site for potential polluting substances will be appropriately bunded to ensure that any accidental spillage or leakage does not lead to contamination.

· Drainage from the trackbed will be by runoff and should incorporate sediment traps and oil separators.

3.5.3 Control of Spillage

Before work commences the Concessionaire will be required to provide the relevant local authority with a copy of an emergency action plan which would be implemented in the event of major spillage (eg spillage of chemicals such a fuel oil). The plan shall be appended to the Contractor's quality plan and should set out the methods which the Contractor would use to contain spillage, their estimated response time to get to the worksite in question and the type of equipment available to contain and dispose of spillage.

3.6 Handling and Disposal of Contaminated Materials

The Contractors will take all necessary measures to handle and dispose of noxious and toxic materials encountered during excavations works.

The tunnel excavation and some construction sites have been identified as having site histories or present uses which suggest some potential for soil contamination⁽¹⁾. The Contractor will undertake pre-development inspection at these sites in order to assess qualitatively the nature and degree of contamination. Recent activities not documented in the site histories may also have an effect on the quality of the soil or surface fill at these or other worksites, and thus an appropriate initial site inspection programme will be undertaken by the Contractor to assess qualitatively the nature and degree on any contamination at other worksites.

These initial site inspections will determine if a subsequent full site investigation programme involving the sampling and chemical analysis of soils, and possibly near surface groundwaters, is appropriate in order to determine the extent of contamination.

These pre-development surveys, and any necessary full site investigations will assist in determining the most appropriate method of remediation, which will be adopted by the Contractor. Measures which the Contractor will consider to treat contaminated soil are:

· excavation and removal of contaminated soil for disposal elsewhere by permit to licensed and approved landfills and replacement where necessary with clean imported or natural fill;

· removal of contaminate sediment and re-use or disposal;

· isolation of the contaminated soil by covering the site with a suitable thickness of clean inert fill or clay cap; and

· dilution of areas of high contamination by mixing of contaminated material with clean soil or fill, so that contamination is reduced to levels where the risks to human health and the environment are acceptable.

The selection of the most appropriate option(s) will be determined by site specific issues and it is likely that a combination of some of the above methods will be used during the remediation stage.

Appropriate disposal measures must be agreed with the Environmental Agency, If the Contractor needs to import any materials on the worksites, prior written consent from the Environmental Agency will be required.

3.6.1 Contamination Material and Health and Safety on Worksites

Risks arising from working with contaminated soil will be minimised by the implementation of appropriate site practice controls designed to protect workers and prevent the off-site migration of contaminants. The Contractor will be required to:

· designate site engineers or other suitably qualified persons as Safety Officers who will be responsible for all health and safety aspects at each worksite;

· present a workers' safety information sheet widely displayed at each site, covering subjects such as hygiene, eating on-site, clothing requirements, the use of safety equipment and emergency procedures; etc, and:

· ensure that vehicles transporting contaminated soil are covered and thoroughly cleaned before leaving the site.

Adequate and efficient drainage schemes will be required at the depot site to prevent potentially contaminated wash water seeping in to the ground and potentially contaminating the Bracklesham Bed aquifer. Measures set out in Section 3.4 and 3.5 of this document will also serve to avoid contamination.

The Contractor will comply with current Health and Safety Act At Work legislation.

3.7 Protection of Terrestrial Ecology

3.7.1 General Mitigation Measures

All working areas shall be fenced off from adjacent habitats prior to the commencement of construction to prevent any accidental damage that might be caused by the encroachment of vehicles, personnel or materials.

The Contractor shall comply with the measures set out in Section 3.4 and 3.5 in order to ensure that no adverse ecological effects arise as a result of dust, discharge of spillage or otherwise.

3.7.2 Protection of Botanical Resources

Areas of relatively low nature conservation value will be used for construction sites. Scrub and woodland areas on embankments and cuttings will be preserved, as far as is possible, in those areas where clearance would not be necessary for the construction and operation of the LRT. This applies especially to secondary woodland adjacent to The Gills in Fareham on the northern part of the route.

Contractor's staff shall be briefed by the Concessionaire on the areas of highest nature conservation value so that they may understand the need for particular care adjacent to such areas and implement appropriate protective measures.

The rare plant Allium oleraceum (field garlic) will be removed for later re-instatement where it occurs in areas required for construction. This task will be undertaken by an expert team from the University of Reading; the retrieved plants will be kept in horticultural care at the University during the construction period. After construction the conserved plants will be reintroduced to the track edge in their original locations. Bulbs must be dug up while the plant is still visible (ie in flower) and the construction programme will be scheduled so that this can occur. It will be the Concessionaires responsibility to manage this process.

3.7.3 Protection of Ornithological Resources

The scheme does not encroach on any of the internationally or nationally designated ornithological sites in the harbour area.

Nonetheless, the Concessionaire's Environmental Performance Officer will ensure that harbour habitats are not directly or indirectly affected during the construction process.

There will be no tree felling or habitat removal when birds are nesting, ie between 1st April and 30th June.

3.7.4 Protection of Badgers

A number of badger setts exist along the LRT route. The Contractor will be given the location of Badger setts and will comply with the Provisions of the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 in ensuring that setts and badgers are not disturbed.

Where possible, the retention of the natural vegetation and dense scrub margins shall be maximised to ensure that the railway line remains amenable to the badgers both as a means of access and for foraging. Planting schemes, where appropriate, will include fruiting trees and shrubs to increase the availability of foraging habitat for badgers.

The Contractor will have the telephone number of the relevant Species Protection Officer at English Nature and will be expected to contact the officer immediately in the event of any unforeseen disturbance of badgers or their setts.

3.7.5 Protection of Trees

The Contractor shall ensure that all trees which are not required to be taken down or trimmed will be protected by adequate fencing, in accordance with the recommendations contained in BS 5837 (1991). (British Standard 5837 (1991) Guide for Trees in Relation to Construction, BSI, 1998.) This shall be adequate to protect the trunk, branches, foliage and roots and shall be erected below the outermost limit of the branch spread, or at a distance equal to half the height of the tree, whichever is the further from the tree.

If the branches extend to a point where they will need to be trimmed, the branch should either be shortened back to a fork in accordance with the provisions of BS 3998 (1989), (British Standard 3998 (1989) Recommendation for Tree Work, BSI, 1989), or the area of fencing should be increased to a point below the branch spread.

Where position of roadside trees along the route prohibits the use of protective fences, the Contractor shall take special precautions. Given that the minimum spread of a tree's roots is more that 25% of the crown diameter, it will be possible for the Contractor to determine the area through which trenching should be carried out with extreme care. Once the presence of roots is detected, digging in that area will be by manual means, as opposed to mechanical. In such circumstances, the Contractor will also be expected to use chestnut paling to protect trunk damage and matting around the root zone to prevent excess compaction.

The Contractor shall, before removing or trimming any trees, or working in area likely to affect roots, contact the local planning authority and inform them of the trees to be affected and the methods which it is proposed to use to minimise impacts on the trees in question.

3.8 Protection of Historic and Cultural Resources

3.8.1 Protection of Archaeological Resources

The Contractor will take every reasonable precaution to prevent site personnel from removing or damaging any fossils, coins, articles of value or antiquity and structures or other remains or items of archaeological interest uncovered during works activity. To this end, the Contractor is expected to appropriately brief site personnel as well as put up posters within worksites setting out what personnel should do if they discover items of historic interest. These posters should advise site personnel to alert the site foreman in such cases, who will in turn be expected to contact the relevant local authority. Work will be stopped on the area in question, until an archaeologist has been able to attend the site.

The Contractor shall allow an archaeological excavation to be carried out by an archaeological institution, prior to commencement of construction, at sites identified in the Environmental Statement as being of archaeological interest.

To assess the potential of marine archaeological remains to be found, a remote sensing survey is to be undertaken.

3.8.2 Protection of Listed Buildings

Construction works will take place in the vicinity of a number of listed buildings and features.

Where construction occurs in streets with listed buildings or features, the Contractor will be required to describe, in their quality plan, the methods of construction to be used and identify how close the work activity will occur to the listed building or feature in question. The Concessionaire will pass on the relevant section of the quality plan to the local authority and liaise with them accordingly.

6960A/LH