Communities Group
Darren White
HS2 Ltd
2nd floor,
Elland House
Bressenden Place
London
SW1E 5DU
Regeneration & Special Projects
PO Box 43 Shire Hall
Warwick
CV34 4SX
www.warwickshire.gov.uk
18 October 2012
Dear Darren,
Thank you for the opportunity to comment on the Code of Construction Practice
(COCP). In addition to the meeting with you and your team on 10th October,
Warwickshire would like to draw your attention to the attached table of specific
comments and observations. The County Council also asks that HS2 Ltd. consider
a number of overarching matters before it releases the COCP to a wider public
audience:
1. The Purpose. It should be made clear that this is a standard document for
a project of this nature.
2. The Context. The context is clear to us following the discussions we had
with you but will not be so obvious to the wider public. The Code would
benefit from an enhanced context, this needs to include some form of
referencing to the suite of supporting documents and this could possibly be
pictorial. A diagram or flowchart that shows all the documents and how
they fit together with each other, whether they are ‘frameworks’ or ‘detailed’
and their hierarchy will help to reassure the wider communities.
3. Relationship with other aspects of HS2. An explanation as to where this
fits in relation to the plethora of documentation for the Hybrid Bill will further
reassure the wider communities.
4. The use of cross referencing. If this document seeks to reassure the
wider communities affected by HS2 it would be of greater benefit if the
plethora of supporting documents and legislation is referenced (within the
confines of the current legislation.) We recommend that the electronic copy
should include web links to current legislation and supporting documents
where possible.
5. Status: WCC views the COCP and other accompanying documents (e.g.
EMS, LEPs) as legally binding/accountable documents. They provide
assurances that impacts caused by the construction of HS2 are avoided,
minimised, compensated or mitigated. Therefore, this COCP needs to be
unambiguous and set the standards for all parties to follow during the preconstruction and construction phases of the project. All words such as
“may” and “should” need to be replaced with “will”. There subsequently
needs to be a line or two within each of the monitoring sections that sets out
the processes in which derivations from the COCP will be managed. Some
examples have been provided within the comments.
A number of detailed responses to the COCP are set out below, each comment
has been structured so that each statement or request is referenced to an
appropriate paragraph number in the COCP.
If you require any further information please contact Sara-Louise Board on 01926
412830 or, via e-mail, at saraboard@warwickshire.gov.uk
Yours sincerely.
Sara-Louise Board
HS2 Project Manager
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
1. Introduction.
1.1.2 The COCP shall be the means of controlling the future
construction works associated with HS2 to ensure the effect of such
works upon people and the natural environment are kept to a
practicable minimum.
WCC wishes to see the following alternative wording:
The COCP shall be the means of controlling the future
construction works associated with HS2 to ensure the effect
of such works upon people and the natural environment are
avoided or kept to a practicable minimum.
‘
1.1.3. The COCP will contain strategic control measures and
minimum standards……..
1. Minimum standards’ is the wrong term to use, WCC
wishes to see the term amended to ‘unequivocal’
standards.
2. The statement on strategic controls is welcomed but
the apparent lack of “controls” in the document is not
considered adequate to reassure the wider community
that effective protection is in place during the
construction period.
1.1.5 The COCP will evolve……
WCC wishes to understand the intention behind the
statement….. ‘COCP will evolve’
If this is the case how can it then be a fixed ‘minimal’
standard?
It is not clear from the current text how these two competing
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
statements can work together. If future versions of standards
are to be incorporated then a statement on how any
subsequent changes to the document will be governed is
required.
2. Purpose of the code of Construction Practice
This statement is welcomed by WCC, however, the lack of
detail on how this will be delivered or what the mechanisms
will be leaves too much scope for uncertainty and community
misunderstanding and mistrust.
2.1.1, 2nd bullet point. Provide the mechanism to engage with
the local community ………
WCC would wish to see greater detail either here or in
Section 4 Implementation.
2.1.2 HS2 Ltd and its contractors will comply with environmental If this statement is designed to reassure the community then
legislation……..
it fails in that objective.
To state that HS2 will meet its legal requirements is both
obvious and necessary. The statement does not give any
additional reassurance to the communities affected and a
future draft must address this point more clearly.
Furthermore, it would be beneficial to give at least an outline,
either here or in an appendix, of what the legislation is, thus
reinforcing the ‘comfort factor’ to the community that they are
protected.
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
Industry Best Practice documents………..
There is no reference to which industry or which documents
the COCP refers to. WCC wishes to see more specific
referencing used here.
2.1.3 Specific site controls which are included in the LEPs will
be produced……
LEPs already have a popular meaning in the public sector
and the more actively engaged community sector as Local
Economic Partnerships. To use this acronym in this context
gives rise to confusion. WCC wishes to see a different
acronym or description in the next draft.
The document would benefit from a sample “LEP” that at
least in headline gives some explanation of what will be
included. At present the COCP looks to be a stand-alone
document without context or detail. Communities will rightly
expect some early assurance of what the specifics will be.
WCC would wish to see this included in the next version.
3. Policy and environmental management principles
An explanation of the scope of this policy and when it will be
available as a draft and consulted on is required.
3.1.1 HS2 will develop and implement a sustainability policy…..
3.2.1 The EMRs will consist of a suite of framework documents
which will define the mechanism by which HS2 will engage……
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There is no explanation or reference to what makes up the
“suite”. As previously noted, if the COCP seeks to reassure
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
the communities that they are protected, the lack of
information does not achieve this ambition.
As the COCP is a component of the HS2 EMRs then it is the
EMRs that will be particularly interesting and provide
assurance that the project will be delivered to the highest of
standards. These are not currently documented and need to
be included (or their timeframe) in the next draft.
3.3.1, 5th bullet point. The procedures to be implemented to
monitor compliance….
There is currently no statement as to who will undertake this
monitoring. WCC wishes to see a specific statement of who
will undertake this role.
WCC is particularly interested in this as it provides the
assurance that the project will be delivered to the highest of
standards as it covers environmental legislative practices. It
will also set out the principles as to how the COCP and
associated documents will ‘’evolve’ para. 1.1.5. Therefore, it
is essential that local authorities are asked to review this
document and take an active part in the evolution of the
procedures.
3.3.2 …together with appropriate control measures….
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There is currently no statement as to what these are. WCC
wishes to see a specific statement of what these are and
what the outcome and action will be in respect to the
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
monitoring
If Principal Contractors have their own EMS, they must be
fully compatible with the HS2 COCP and EMS, otherwise
HS2 will appear to be passing the buck and undermining the
value and protection these documents seek to provide.
4. Implementation
4.1.1 The principle contractors will be required to comply with
their terms of the COCP…
It is not clear if this statement binds sub-contractors or not?
This should be made clear.
4.2.2 HS2 Ltd and its contractors will engage with local
communities…
WCC welcomes this statement and would cross reference
this comment to section 2.1.1. WCC believes that greater
detail, either here or in an appendix, would reassure the wider
community that their views will be heard, considered and
acted upon as needed during the construction period.
4.2.3 A template for the LEPs will be included in a future
version……
As previously noted the template or an early outline needs to
be included now and updated as necessary.
4.3.1 Appropriately qualified workforce
The inclusion of this statement is welcomed by WCC. The
questions that arises from this are;
a) Will CRB inspection be in force for works that are close
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
to schools and centres for vulnerable adults?
b) How this will be managed and policed during the
extended period of construction?
4.3.2 HS2 Ltd and its contractors will be responsible for identifying
the training needs of personnel to enable appropriate training to be
provided. The training will include site briefings for relevant staff to
maintain the necessary…
It is not clear who identifies training. WCC wishes this to read
as: “Professional experts within HS2 Ltd and its contractors will
be responsible for identifying the training needs of personnel to
enable appropriate training to be provided.”
4.4.1 HS2 contractors will set out the procedures to be followed
for construction operations in method statements…
The inclusion of this statement is welcomed by WCC. The
questions that arise from this are;
a) Do HS2 and it contractors intend to review and update
these statements during the construction period?
b) What monitoring mechanism is in place to review the
quality of the documents?
If the contractor is responsible for setting out procedures, what
will these be based on and how and when will they be
scrutinised by HS2 Ltd.?
Will they be part of the HS2 and Contractor EMSs, LEPs etc.?
The answer to this is not clear from the current draft.
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
These issues form part of the ‘assurance’ that the project will
be delivered to the highest of standards and must be
documented accordingly.
4.5.1 Sufficiently suitably qualified and experienced personnel
will be appointed to….
This is self-evident and no more than is expected of a
government contract. The questions that arise from this are:
a) What additional safeguard is being undertaken, if any?
b) Who will appoint personnel? Will it be HS2 , the
contractor or a speciallist advisor who oversees all
Environmental aspects?
5. General requirements
5.1.1 HS2 and its contractors will produce a stakeholder liaison
strategy……
WCC welcomes this statement and would ask for an
appendix to be produced that outlines the current thinking and
scope of this strategy. If this is not in the November version
then the version after that. This is an area where many of the
communities will wish to contribute and have advance
knowledge of the engagement structure prior to the final
documentation and Schedules in the Hybrid Bill.
WCC wishes to see a more robust statement here that
addresses all users groups and includes:
a) those using the road network around any construction
site
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
b) those living and working close by.
It is not clear how these will be identified. There is currently
nothing specific here about working with the parish councils to
ensure they are kept informed of construction activity and the
like. WCC wishes to see this addressed in the future draft or
referenced accordingly.
5.1.2 Advance notice of works
WCC welcomes this statement and would ask that a schedule
of how much advance notice is reasonable to expect for a
future version of the COCP - e.g., major/ sustained activity
that will be continuous for 7 days –XX weeks as a minimum.
This should be developed in conjunction with the community
stakeholder groups and their local needs taken into account.
5.1.4 Community helpline
Page | 10
WCC welcomes this statement and asks that, whatever the
final methodology is, it includes an automatic
acknowledgment system. This would ensure that where a
phone message is left information that indicated the expected
timescale for a reply and action is given to the caller.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
WCC wishes to see an option to sign up to email alerts or
other social media options as well as the provision of passive
website information.
5.1.5 A process for handling complaints will be established
whereby all calls will be logged together with responses.
Statistical information on complaints and actions to resolve
these will be sent to relevant local authorities on a regular basis
(mechanism and period to be confirmed).
At present this statement doesn’t give standards for
responding to complaints e.g. Within so many working days.
5.1.6 An independent complaints commissioner will be
appointed…..
WCC welcomes this statement and would ask that details on
who this is, how they can be reached and the scope of the
role is published at the earliest opportunity and prior to the
commencement of any site works.
5.1.7 Small Claims procedure
WCC welcomes this statement and would ask that the size
and scope of the scheme are published at the earliest
opportunity and prior to the commencement of any site works.
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The collection of statistical information for the local authorities
is ambiguous; it is not clear what is to be done with this
information or if there is an action required. Clarity on this
statement is requested
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
5.2 Working Hours
5.2.1 Core working hours will be from 0800 to 1800 on
weekdays (excluding bank holidays) and from 0800 to 1300 on
Saturdays………………
……..To maximise productivity within the core hours, HS2 Ltd
and its contractors will require a period of up to one hour before
and up to one hour after normal working hours for start-up and
close down of activities. This will include but not be limited to
deliveries, movement to place of work, unloading,
maintenance………..
5.2.3 Tunnelling and directly associated activities… will be
carried out on a 24 hour day, 7 day week basis….and
maintenance of construction equipment will be Saturday
afternoons and Sunday (potentially).
At face value this statement appears to give confidence that
the communities affected by HS2 will still have some quiet
enjoyment of their homes. However, the following three
sections concerning start up, close down and the need to
operate for as long as necessary in some circumstances
rather negates the assurance of section 5.2.1
WCC appreciates that construction will need to continue
beyond the 8am - 6pm time period but would strongly
recommend that this section is reworded to reflect the likely
reality and is not some hollow assurance that will be
breached a the first opportunity.
5.2.3 States that despite these core hours tunnelling can go
on 24 hours a day 7 days a week including the removal of
materials which means lorry movements on narrow rural
roads day and night 7 days a week in areas around where
there is tunnelling.
It is not clear from this whether or not this would include the
construction of “cut and cover tunnels” as well. Similarly are
cuttings excluded from this 24/7 provision? WCC wishes to
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
see greater clarity on this point in the next draft of the COCP
5.2.5/6 leaves a great deal of room to interpret and wriggle on
the extended working hours. Even abnormal loads can be
delivered outside core hours (5.2.9), WCC wishes to see a
more robust statement of intent in this section.
5.2.8 ….the relevant local authority will be informed…..
WCC asks that this section is titled “overruns” and the duty to
inform is extended to include the expected network of
community contacts, as promised in section 5.1.1 and that the
appropriate Parish Council be informed of every incident.
Some site monitoring and survey work will require additional
working hours. For example dawn and dusk bat surveys and
surveys of Great Crested Newts. These activities need to be
referenced correctly in this document.
5.3 Construction site layout and good housekeeping.
WCC welcomes these statements and would ask that greater
details are developed and released at the earliest opportunity.
Furthermore:
a) That some form of monitoring of standards are
included along with remediation as necessary
b) The section 5.8 temporary living accommodation is
moved to sit alongside 5.3.1.
WCC wishes to see an additional bullet point added:
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
 Heras fencing (or equivalent) and/or specialist fencing
(e.g. reptile fencing) to be used to protect sensitive
environmental features during construction.
5.5 Worksite security
WCC asks that public Rights of Way are maintained (or
diverted) within the confines needed for site security.
5.6 Hoardings and fencing
WCC would ask that community information is included on
the hoardings such items to include but not limited to:
a) Contact details for out of hours – see section
concerning advance notice and out of hours 5.1.2
b) Where appropriate- “viewing platforms” so that those
interested can see the progress of the build.
c) Hoardings are, where possible, in keeping with their
surroundings and consideration is given to the
inclusion of public art to enhance the visual impact.
5.8.1 The provision of on-site workers’ temporary living
accommodation will be considered and approved in advance by
the Local Authority and will be located and managed in
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WCC would wish to see early dialogue with both the County
Council and the relevant local planning authority on the
locations and terms of these sites.
COCP Sections and Paragraphs.
accordance with arrangements set out in that approval. Such
temporary living accommodation will comply with the standards
adopted by the relevant local authority.
Warwickshire County Council submissions and
comments.
WCC would expect that temporary accommodation is located
away from sensitive locations such as schools, centres for
vulnerable people and should not be immediately adjacent to
existing residential properties so as to preserve their privacy
and minimise disruption to them.
Additionally WCC would expect to see a list of housekeeping
standards included in the next draft of the COCP as an
absolute minimum.
5.10.2 The following measures will be adopted to manage the
risk of pollution incidents:
•
procedures to contain……………
WCC wishes to see an additional bullet point
 Provision of maps showing sensitive ecological areas
and buffer zones where no pollutants are to be stored
or used.
5.10.4 Monitoring
HS2 Ltd will require that its contractors have in place effective
WCC welcomes this statement but would ask that the
arrangements to investigate and provide reports on any potential feedback mechanism to deal with an event is more clearly
or actual significant pollution incidents….
detailed stating how incidents will be managed and who will
be responsible.
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
6. Agriculture and soils
6.2.2 Prior to works commencing, surveys will be undertaken to
record the existing agricultural land quality on land which will be
returned to agricultural use. These surveys will include as
appropriate:
 topsoil and subsoil (depth, texture and structure);

hedgerows and field boundaries
WCC wishes to see the following additional words:
•
topsoil and subsoil to define the soil association and series
(depth, texture and structure)
•
hedgerows and field boundaries, ditches and irrigation
ponds
6.2.4 Reasonable precautions will be taken in relation to the
handling and storage of agricultural soils, including the following, as
appropriate:
WCC wishes to see the following additional bullet point:

the separate handling and storage of different soils,
6.2.6 Reasonable precautions will be taken during the design and
construction of the Project to identify, protect and maintain existing
land drainage, irrigation and livestock water supply systems.
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Protection and management of seed bank where
appropriate.
The ambiguity in this section needs to be rectified and a clear
assurance of the protection specified.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
6.3 Monitoring
Appropriately qualified environmental management
staff……………..
The use of the word “appropriately” leaves too much scope
for interpretation and does not give any assurance that whilst
a person maybe “appropriately qualified” they may have no
field experience or be a current practitioner. WCC would wish
to see a more robust use of language and standards in this
section.
7. Air Quality
7.2.1 The site layout will be planned to locate machinery and
dust causing activities away from sensitive receptors, where
reasonably practicable.
The use of the phrase where “reasonably practicable”, gives
rise for almost anything to be included or equally excluded.
Nowhere in the document is there an explanation of what is
meant or some attempt to define the terms of “practical”.
WCC wishes to see more clarity on this matter.
7.2.3 6th bullet point. Fine dry material will be stored inside
buildings or enclosures
At face value this appears to be a valid and useful
concession. What is not clear from the COCP is the size and
extent of the temporary building. WCC wishes to see some
limit on temporary structures without prior engagement with
either the County Council or the respective planning authority
and community groups.
Additionally WCC suggests the additional words:

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stockpiles and mounds will be kept away from the site
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
boundary, sensitive receptors, watercourses, natural and
historic features and surface drains where reasonably
practicable and sited to take into account the predominant
wind direction relative to sensitive receptors;
7.2.4 Haul Routes 2nd bullet point. Inspection of haul to routes
regularly and their prompt repair if required
There is no explanation on this statement regarding:
a) Who will implement the repair?
b) To what standard the repair will be done.
c) What the impact of road repairs will have on the
highway network in addition to the construction work.
7.2.5 Dust pollution from demolition activities will be limited
through the use of the following measures, as appropriate:
• blasting works will be kept to the minimum practicable in the
context of the design and programme requirements of the Project
WCC suggests that checks for asbestos are included within
this paragraph.
• buildings or structures to be demolished…
7.3 Monitoring
Page | 18
There does not appear to be any performance standard to the
monitoring section, consequently there is no mention of
penalties for none compliance of process or redress in the
event of a breach.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
WCC wishes to see a more robust set of statements in this
area.
8. Cultural Heritage
WCC is pleased to note that Chapter 8 makes reference to
the impact of the construction works on undesignated, as well
as designated, heritage assets.
.
It is likely that there will be parts of the scheme (such as the
construction of site compounds, temporary access tracks etc.
requiring no or minimal ground works), whose construction
will be unlikely to have an impact upon any underlying
archaeological deposits (either previously identified or not).
Hence they will not require any evaluative or mitigative
fieldwork prior to, or during, their construction. We would
recommend that the document references the need to ensure
that the reinstatement of any such areas (in addition to their
original construction) be undertaken in such a way as to
minimise any inadvertent impact upon any underlying
archaeology.
8.1.2 All works will be managed in accordance with accepted…
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Paragraphs 8.1.2 should make reference to the relevant
Codes of Conduct in addition to accepted industry practice
and guidance. We require this section to include reference to
specific relevant guidance, including the IFA Standards and
Guidance documents and Code of Conduct, English Heritage
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
specialist guidance1etc.
8.1.3 General Cultural Heritage management measures will
include…
Paragraph 8.1.3 makes reference to the protection of all
known heritage assets where these have been identified in
the ES. As already stated in this section, further survey work
is to be undertaken prior to, and during, construction. This
may identify further heritage assets which may require
protection, despite not having been specifically identified by
the ES. A strategy must be in place to protect any such
features, and this section must state that these features will
also be protected as necessary.
There are references throughout this document to things
being undertaken ‘where practicable’. It is not clear what or
who would define something as ‘practicable’ or otherwise.
WCC is concerned that time and monetary constraints may
unduly influence this definition. WCC seeks assurance that
corners will not be cut and ‘practicable’ is not used as an
excuse for cost saving.
Whilst we are pleased that section 8.1.3 specifically makes
reference to consulting Local Authorities, English Heritage
and the National Trust throughout all stages of the cultural
for example, ‘Environmental Archaeology: A Guide To The Theory And Practice Of Methods, From Sampling And Recovery To Post-Excavation’, ‘Geophysical Survey in Archaeological Field
Evaluation’,
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1
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
heritage works, Local Authority heritage professionals are
omitted in several of the steps detailed later in the document.
WCC wishes this point to be addressed fully with all the future
drafts and associated documents specifically including local
authority input.
These include para. 8.1.4 which makes reference to agreeing
the preservation of archaeological remains in situ with English
Heritage and para. 8.1.7 which states that ‘a project-wide
‘Generic Written Scheme of Investigation’ (WSI) will be
prepared in advance of construction, in consultation with
English Heritage. The Code of Construction Practice should
be updated to include reference to Local Planning Authority
heritage professionals.
8.1.4
Suitable measures will include the following, as appropriate:
•
implementation of controls at each site to avoid
damage by settlement where practicable (and to record effects
should these occur), to structures of historic importance or interest
and the movement of construction vehicles and machinery as they
relate to areas of heritage interest that may comprise buried
archaeological remains, earthworks and historic buildings;
•
HS2 Ltd will require that procedures are developed for
topsoil stripping and excavation. HS2 Ltd will require its contractors to
Page | 21
The wording of para. 8.1.4 suggests that, should damage due
to settlement occur despite the implementation of controls at
each site to avoid this, the effects would be recorded only,
rather than the cause of the impact being assessed and the
controls amended if possible.
Whilst we presume that the mitigation strategy (including the
implementation of controls etc.) will be continuously reviewed
throughout the project, we would have more confidence in
this if this document specifically stated so.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
monitor
WCC would suggest an additional bullet to read:
Procedures will be adopted for depositing records and finds to
the county useum (or equivalent) with an associated
reasonable dowry.
The fifth bullet point of paragraph 8.1.4 needs to state that
any materials related to the demolition of buildings which are
to be re-erected will be securely stored and protected.
8.1.5 During the construction the use of metal detectors…
Paragraph 8.1.5 makes reference to no metal detecting being
undertaken within areas of identified/defined archaeological
interest. It is not yet clear when these defined areas will be
identified, and whether the term ‘areas of identified/defined
archaeological interest’ will include areas across which survey
works have not yet been undertaken, in particular those areas
of ‘unknown’ archaeological potential. Metal detecting across
the HS2 land take or any other groundworks (apart from that
being undertaken as part of the evaluative and/or mitigative
archaeological works), should be restricted until an area has
been formerly ‘signed off’ by an appropriate, identified, post
holder.
This paragraph also makes reference to the Project Manager
being informed should artefacts of archaeological interest or
expected interest be located. It is not clear what will happen
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
next.
WCC wishes to see a more robust statement in the next draft.
8.1.7 A range of cultural heritage…
Paragraph 8.1.7 makes reference to
agreeing a ‘Generic Written Scheme of
WCC’s view that the document needs
authority heritage professionals will be
preparation of this document.
8.1.8 A ‘site specific’ Written Scheme of Investigation
Paragraph 8.1.8 states that a ‘Site Specific Written Scheme of
Investigation’ will be developed for each area or site specific
cultural heritage works. This paragraph must confirm that the
Local Authorities heritage professional, English Heritage and,
where appropriate, the National Trust, will be consulted on
the content of the WSIs.
8.3.1 Risk assessments, appropriate structural or condition
surveys….
Whilst paragraph 8.3.1 states that monitoring will be
undertaken throughout the project, it fails to state what will be
undertaken should the monitoring identify a problem or the
remedial actions.
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English Heritage
Investigation’. It is
to state that local
consulted on the
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
9 Ecology
9.1Ecological management – general provisions
9.1.1 Appropriate measures will be adopted to protect the
ecology of the area through which the route is constructed, with
special attention to specified areas of ecological value, as
identified within the ES. Where reasonably practicable,
environmental mitigation will be provided via the design and
implemented by the contractors within the works. This may
require preparatory work to be undertaken ahead of the start of
construction to permit timely progress of the programme.
WCC requests the additional words of:
Appropriate measures will be adopted to protect the ecology
directly or indirectly impacted upon by the construction
activities along the route including associated works, with
special attention to specified areas of ecological value, as
identified within the ES.
The second sentence is ambiguous and needs clarification in the
next draft.
WCC suggests the additional words of:
9.1.1a Prior to the commencement of works, including
ground clearance or compound construction all
contractors will be briefed on ecological sensitive
features and management measures to protect these
feautres.
9.1.2
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HS2 Ltd will require its contractors to manage impacts from
WCC suggests the additional bullet that reads:
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
construction on ecological resources, including the following:
•
designated sites including Special Protection Area
(SPA), Special Area of Conservation (SAC), Site of Special Scientific
Interest (SSSI), Site of Importance for Nature Conservation/County
Wildlife Site and Nature Reserves; and
•
protected and notable species; and
•
other habitats, species and features of ecological
importance.

Carrying out identified pre-construction works to
be undertaken to reduce temporal impacts.
9.1.3 Ecological management measures will also include as
appropriate:
WCC suggsts that 9.1.2 and 9.1.3 are merged.
•
control of invasive and non-native species;
•
protection of mature trees;
•
tree replacement;
•
monitoring procedures; and
•
re-use of timber resulting from removal of
trees, as dead-wood habitat, for example.
Would suggest that the last bullet should read:
•
re-use of timber resulting from removal of
trees, as dead-wood habitat, for example.
9.1.4 Ecological management measures will include the following,
as appropriate:
WCC suggests that the ambiguity in this statement is
removed , and read as:
 Ecological management measures will include the following,
as appropriate:
•
a summary of all known areas of nature
conservation interest which may be affected due to construction;
Page | 25
COCP Sections and Paragraphs.
•
a plan showing the locations of all known areas of
nature conservation interest that may be affected due to
construction, including access routes;
•
proposed protection measures to avoid any
unnecessary encroachment into adjoining areas of nature
conservation interest;
•
plans showing the location and standard
construction details for all fences/ barriers to be erected for the
purpose of controlling animal movements during and post
construction, e.g. deer, badger and amphibian fencing;
•
provision of temporary measures during construction;
•
proposed measures to reduce potential impacts
on areas of nature conservation interest due to construction;
•
a programme for undertaking ecological survey
works prior to and during construction to verify the baseline
ecological conditions disclosed in the ES and undertake
appropriate monitoring during construction;
•
details of any restrictions on the timing of
construction works and construction methods to protect
species or areas of nature conservation interest;
•
details of appropriate watching briefs to be
implemented during construction works;
•
procedures to be implemented in relation
to relocation or translocation of species, soils and plant
material;
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Warwickshire County Council submissions and
comments.
 individual habitat or species management plans to include
the information above (where appropriate) for:
o
terrestrial habitats;
o
aquatic/ habitats;
o
European Protected Species (e.g. great
crested newt, dormouse, otter, and bats);
o
badgers;
o
other protected species;
o
breeding birds; and
o
freshwater fish, including migratory species
and their migration patterns.
o
consultation with Natural England,
the Environment Agency, Local Authority
Ecologist, local wildlife trusts and identified
county expert, as appropriate.
Clarification is required for the above second bullet as to
where and which sites these management plans will be
written.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
9.1.6 New habitats will be created, where appropriate (and as
identified within the ES), to mitigate the effects of loss of ecologically
important habitats. Where replacement planting is provided, this
will be integrated with landscape planting and will consist of habitats
and species appropriate to the local area/landscape. See also Section
12 (Landscape, Visual and Site Restoration) of this COCP.
9.1.6 is ambiguious, WCC recommend the following:
9.2.1 HS2 Ltd will require its contractors to manage of any impacts
and protection of any statutory designated sites of ecological
interest (including SPAs, SACs and SSSIs), as identified within the ES,
and where appropriate, measures to enhance biodiversity.
9.2.1 is ambiguious, WCC recommned the following:
9.2.2 HS2 Ltd will require its contractors to obtain and comply
with the requirements of any wildlife licences, including
protected species licences necessary for construction of the
Project.
9.2.2a WCC recommends the following alternative text:
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New habitats will be created, where appropriate (and as
identified within the ES and LEPs), to mitigate the effects of
loss of ecologically important habitats. Where replacement
planting is provided, this will be integrated with landscape
planting and will consist of habitats and species appropriate
to the local area/landscape. See also Section 12 (Landscape,
Visual and Site Restoration) of this COCP.
HS2 Ltd will require its contractors to manage of any direct or
indirect impacts to and protection of any statutory designated
sites of ecological interest (including SPAs, SACs and SSSIs), as
identified within the ES, and where appropriate, including
measures to enhance biodiversity.
HS2 Ltd will require its contractors to follow the most
current and recognised ecological best practice and
relevant British Standards.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
9.2.3 The programming of construction works will take cognisance
of the requirements set out in the ES, commitments and other
relevant documents. In particular, the timing of construction works
will be undertaken with due regard to the following:
WCC suggests that ‘congnisance of’ in this sentence is not
strong enough. It suggests replacing with ‘required to take
responsibility for’. However, is this unreasonable discharge
of HS2 Ltd’s duties, responsibilities and future statutory duties
it may place upon itself through the Hybrid bill.
• site clearance works – to mitigate potential impacts on
protected and/or notable species;
• works within watercourses – to mitigate potential impacts on plants,
migratory fish, mammals, birds, amphibians and invertebrates
Furthermore WCC suggest an additional bullet:
 pre-commencement works – to reduce impacts or
collect seeds for future mitigation;
9.2.4 HS2 Ltd will require its contractors to manage the impacts
and protection of any non-statutory sites of ecological interest,
including those supporting Biodiversity Action Plan (BAP) habitats
and species, as identified within the ES.
WCC questions why this section is not merged with the above
section as the words read the same and have the same
necessary considerations and requirements.
9.2.8 Any tree surgery operations will comply with the
recommendations in BS3998: Recommendations for Tree Works, as
appropriate.
This is ambiguious, WCC recommned the following:
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Any tree surgery operations will comply with the
recommendations in BS3998: Recommendations for Tree
Works, as appropriate.
COCP Sections and Paragraphs.
9.2.1 HS2 Ltd will require its contractors to manage of any
impacts and protection of any statutory designated sites of
ecological interest (including SPAs, SACs and SSSIs), as identified
within the ES, and where appropriate, measures to enhance
biodiversity.
Warwickshire County Council submissions and
comments.
WCC recommends an additional subheading under 9.2 to
read:
British Standards and Best Practice Guidance
9.2.1x Any deviation from British Standards or Best
Practice Guidelines will need to be submitted by an
appropriately qualified spacialist, to an HS2 Ltd
appropriate independent specialist and recorded in
accordance with the approved EMS.
9.3.3 HS2 Ltd will require its contractors to undertake
appropriate monitoring of construction works and implementation
of management measures, associated with works which may affect
statutory designated and non- statutory sites of ecological
interest.
This paragraph is ambiguous and needs clarification to cover
the following concerns:
a) additional words to identify when appropriate
specialists are required
b) additional statements or monitoring of licenceable
activities
c) make all monitoring available for public viewing
d) liase with local recording networks to compliment
survey work identified in the ES
e) make all records available to the Local Record Centre
as part of a Data Exchange Agreement as detailed in
the EMS.
10. Ground Settlement
WCC does not wish to provide any comment on this section
at this time.
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COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
11. Land quality
11.2.1 The ES will identify any Sites of Special Scientific Interest
(SSSI) with geological interest, or other geological resources that may
be impacted by the scheme, and the anticipated impacts.
Procedures will be agreed in consultation with stakeholders for any
works which may affect geological SSSIs, Local Geological Sites
(previously Regionally Important Geological Sites (RIGS)) or other
geological resources, including for example, inspections, the
appropriate recording of geological information, and mapping of soil
and rock exposures.
WCC welcomes this statement and requests that additional
words are included:
Procedures will be agreed in consultation with stakeholders
(including County Geological Groups) prior to the commencement of any
works including compound construction for any works which may
affect geological SSSIs, Local Geological Sites (previously
Regionally Important Geological Sites (RIGS)) or other geological
resources, including for example, inspections, the appropriate
recording of geological information, and mapping of soil and rock
exposures.
It is not apparent when this consultation will take place and hence
the suggested timing. Clarity on this matter would be appreciated.
11.3.3 Appropriate controls will be set out to support adherence to
the procedures relating to working on or adjacent to land affected
by contamination.
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WCC welcomes this statement and requests that additional
words are included:
11.3.3a Monitoring of any impacts or exposing of
geological or geomorphological features will be carried
out in accordance with the agreed procedures outlined in
section 11.2.1 above and appropriate EMS.
COCP Sections and Paragraphs.
Warwickshire County Council submissions and
comments.
11.3.3b All appriopriate samples or finds will be deposited
with the local museum (or equivalent collecting
institutions) with an appropriate dowry.
12. Landscape.
12.1 Landscape management – general provisions
12.2 Deals with ‘measures to reduce potential impacts’.
12.3
Monitoring
WCC wishes to see a more robust statement in respect to the
general provisions, that there will be no disturbance to the
landscape outside the construction site areas. Further that
existing landscape elements, such as woodland, trees,
hedgerows, soils, grassland and other habitats are fully
protected.
WCC wishes to see a more robust statement for the
monitoring section.
The controls measures in place to protect the landscape must
be monitored (and actively addressed where a breach is
documented) to assess their effectiveness.
Furthermore the landscaping and planting needs to be
monitored to ensure its effective establishment with replanting
as necessary.
13. Noise & Vibration.
13.2.4 The effects of noise and vibration from construction sites will
be controlled by introducing management processes to ensure that
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WCC recommends an additional bullet point be added to
cover considerations on sensitive environmental features (for
example; historic sites and bat roosts.).
COCP Sections and Paragraphs.
Best Practicable Means are planned and employed to minimise
noise and vibration during construction work including;
•
integration of noise control into the
preparation of method statements;
Table 13. page 46
Warwickshire County Council submissions and
comments.
These features will need to be identifed and presented to all
contractors thorugh the LEPs with any constraints detailed in
the “Method Statements’ (see first bullet point).
There is an apparent contradiction that needs to be
addressed
In Section 5.2 (working hours) it states 08-18:00 Monday to
Friday and 08:00-13:00 on Saturday. Table 13.1 which
concerns noise levels that would merit noise insulation of
affected premises or the re-housing of their occupiers, lists
qualifying noise levels that are far in excess of what one
might expect from an inactive site.
WCC requests thathtis anomoly is reviewed and if correct an
explanation is provided to the EHO at Disitrict and Borough
level.
14. Traffic and transport
There are a number of grammatical errors in this paragraph
14.1.1
It is not clear from the document whether the COCP will
instigate a formal Green Travel Plan or not.
Page | 32
COCP Sections and Paragraphs.
14.2.2 1st bullet point Measure to provide for road safety for the
public and construction staff………….
Warwickshire County Council submissions and
comments.
WCC would prefer to see the following statement:
Measures to ensure the maintenance/structural condition of
public roads does not deteriorate due to construction traffic
including monitoring arrangements with local highway
authorities
14.2.4, 13th bullet point Measures to ensure that construction
vehicles do not cause damage to the grass verge
WCC welcomes this statement and would ask that the
relevant legislation is included for reference – S59 agreement
of the Highway Act.
14.2.4, 17th Bullet point
WCC welcomes this statement and would ask that speed is
also included in the statement.
14.3 Monitoring
WCC does not consider this an adequate statement to protect
the communities along the line of construction. The statement
implies self-regulation; there is no form of compliance testing
or penalty for a breach.
WCC would like HS2 to consider 2 further actions in this
area:
a) Tracker devises to pinpoint vehicles
b) Clear livery for in and out bound journeys connected to
the HS2 project.
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15. Waste
15.1.1 The principle objective of sustainable resources and
waste management…..
There is no mention in this section of the ‘proximity principle’
and the avoidance of excessive haulage. There is also no
mention of carbon footprint management and any
commitments to being a carbon neutral project.
WCC would wish to see these 2 principles included in the
next draft of the COCP
HS2 and its contractors are to use material resources
efficiently and to manage wastes using the waste hierarchy
model.
15.2 Management of excavated materials and waste
WCC would wish to see this as management of excavated
materials and OTHER waste. …………
15.2.2 Chemically suitable
What definition is being used here?
This is not standard language in waste management circles.
15.2.4 Waste will also be generated by associated site
operation…..
WCC wishes to see the following statement included: “needs
to manage these wastes in line with the waste hierarchy”
15.2.10 Skips and storage receptacles…….. escape of waste in
transit and loaded for maximum payload efficiency.
In addition to the statement WCC wishes to see the following
statement included: “whilst ensuring they do not exceed
the maximum weight limits for the road transport
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network.”
15.2.12 Mixing of inert, hazardous and none hazardous waste…. The mixing of hazardous and non-hazardous waste must be
avoided to assist with compliance with relevant objectives of
the Waste Framework Objectives.
15.2.18 ……premises notification…
We believe this is a typo and should be ‘pre-notification’.
15.4.1….management of waste shall be communicated to all
contractors and sub-contractors…….
It is not clear from this statement where the liability and
ultimate responsibly lies. WCC wishes to see a clearer
statement in this paragraph.
16 Water Resources and Flood Risk
16.1.2 HS2 Ltd will require its contractors to consult with the
EA and Lead Local Flood Authorities (LLFAs)
WCC welcomes the statements in 16.1.2, although they offer
broad aims rather than specific reassurances. There are no
cross-references to where details of specific measures can be
found or where they will be published. There is no mention of
what consultation the EA and LLFAs can expect.
16.1.3 Measures will also be implemented in relation to
construction associated with outfalls…
There is no mention of what measures will be taken (other
than programme restrictions on the construction of outfalls),
and there is no reference to where these measures will be
Page | 35
specified.
16.2.1 … in so far as is reasonably practicable…
Reasonable practicability is not defined, nor who will be
responsible for monitoring or deciding what is reasonably
practicable. Also, there is no description of how ‘Temporary
Construction Methods and CIRIA publications (including
C532, C648 and C649)’ will be used.
16.3.1 … will be implemented by HS2 Ltd’s contractors…
There is a repetition of this phrase – presumably a typo.
16.3. … LLFAs’ Flood Risk Management Plans…
"Warwickshire County Council have adopted the second
generation EA surface water mapping (called the 'Flood Map
for Surface Water') as the Locally Agreed Surface Water
Information in our Preliminary Flood Risk Assessment in
2011. We would therefore require HS2 to use the 1 in 200
year 'shallow' (flooding greater than or equal to 0.1m depth)
layer within the county to identify areas of potential surface
water flood risk
16.3.4 …A risk based precautionary approach…
It is not clear what a ‘risk based precautionary approach’
would look like in practice - normally in flood risk terms, either
a precautionary approach is adopted or a risk-based
approach.
16.4.1 …the Land Drainage Authority…
This statement is regarding following statutory regulations.
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For clarity, it should specify that contractors will need to seek
consents for temporary or permanent works on ordinary
watercourses from the LLFAs (upper tier or unitaries) and for
temporary or permanent works on main rivers from the EA.
16.5.4 …where risks are unacceptably high…
Not clear – ‘unacceptable’ not defined. It is not defined who
will monitor or decide what is and is not acceptable.
16.5.6 HS2 Ltd will require its contractors to describe the monitoring
procedures.
The contractors will also consult with the EA regarding the Pollution
Incident Response Plan which will set out the measures to be
implemented to address any adverse findings from the monitoring
procedures during and following completion of construction works
set out above.
Suggest an additional paragraph is included in this section to
relate to ecological issues and that monitoring will need to
compliment those relating to the Ecological Section of the
CoCP.
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