Airport Code of Construction Practice Edinburgh

Edinburgh Airport Rail Link
Code of Construction Practice

Draft Version 5
19 February 2007
Issue & Revision Schedule
Main Author/s:
Aileen McLuckie (ERM)
Checked by:
Karen Raymond (ERM)
Approved by:
Steve Purnell (ERM)
Version/Status:
Draft Version 5
Issue Date:
19 February 2007
Project Director:
Barry Cross (tie ltd)
Date
Version
Status
Comments
Issued by
16/04/06
Draft
24/11/06
Draft
Updates added
P Maddock
12/01/07
Draft
Clarifications made
Following EARL Hearing
A McLuckie
29/01/07
Draft
Amendments made
following committee meeting
and comments from SNH
P Maddock
19/02/07
Draft
Amendments made
Following Consideration
Stage Report
A McLuckie
For enquiries please contact:

tie limited
Verity House
2nd Floor
19 Haymarket Yards
Edinburgh
EH12 5BH
Tel: 0131 622 8300
Fax: 0131 622 8301
A McLuckie
CONTENTS
LIST OF ABBREVIATIONS
GLOSSARY OF TERMS
III
INTRODUCTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
THE PROJECT
PURPOSE AND AIMS OF THIS CODE OF CONSTRUCTION PRACTICE
THE CONTRACTOR
tie ltd
THE LOCAL AUTHORITIES
DEFINITION OF CONSTRUCTION
DEFINITION OF THE SITE
ENVIRONMENTAL MANAGEMENT PLANS
COMPLIANCE WITH LEGISLATION, STANDARDS AND GUIDANCE
CONSTRUCTION SUPERVISION
STRUCTURE OF THIS COCP
STATUS OF THIS COCP
CONSULTATION
ENFORCEMENT OF THIS COCP
ARBITRATION
1
2
3
2
3
4
4
4
5
3
5
6
8
10
11
PUBLIC RELATIONS
13
2.1
2.2
2.3
2.4
2.5
2.6
PUBLIC RELATIONS LIAISON OFFICER

INFORMATION CENTRE AND WEBSITE
WEEKLY NEWSLETTER
COMPLAINTS HOTLINE
COMPLAINTS LOG
STAFF IDENTIFICATION
13
13
13
13
14
14
HOURS OF WORKING
15
3.1
3.2
3.3
GENERAL
EDINBURGH AIRPORT
OPERATIONAL RAILWAY
15
16
16
SITE ARRANGEMENTS AND SITE HOUSEKEEPING
17
4.1
4.2
4.3
4.4
FENCING AND HOARDING

LIGHTING AND VISUAL INTRUSION
ACCESS AND LOADING
SECURITY
18
19
19
20
PART 1
4.5
4.6
4.7
4.8
4.9
ON SITE ACCOMMODATION
CLEARANCE OF SITE ON COMPLETION
PEST CONTROL
SAFETY
PROTECTION OF EXISTING INSTALLATIONS
20
20
20
20
22
TRAFFIC AND TRANSPORT
25
5.1
5.2
5.3
5.4
5.5
5.6
5.7
OVERVIEW
GENERAL MEASURES TO REDUCE CONSTRUCTION TRAFFIC IMPACTS
TRAFFIC MITIGATION MEASURES
MARKING OF LORRIES
HOTLINE NUMBER
ACCESS ROUTES
MONITORING
25
25
34
34
34
34
35
NOISE AND VIBRATION
37
6.1
6.2
NOISE CONTROL
VIBRATION CONTROL
37
40
DUST AND AIR POLLUTION
43
7.1
DUST AND OTHER AIR POLLUTION
43
DISPOSAL OF WASTE AND CONTAMINATED MATERIALS
45
8.1
8.2
8.3
POLLUTION EMERGENCY RESPONSE PLAN

WASTE
CONTAMINATED LAND AND MATERIALS
45
45
46
PROTECTION OF THE WATER ENVIRONMENT
49
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
WASTE WATER AND GROUNDWATER

49
STORAGE OF POLLUTING MATERIALS
50
PROTECTION OF AQUIFERS
50
CONTROL AND MANAGEMENT OF FOUL DRAINAGE
51
AGRICULTURAL AND HISTORICAL DRAINS
51
WORKS IN THE VICINITY OF WATER
51
THE WATER FRAMEWORK DIRECTIVE, WATER ENVIRONMENT AND WATER
SERVICES (SCOTLAND) ACT 2003 AND THE WATER ENVIRONMENT (CONTROLLED
ACTIVITIES) (SCOTLAND) REGULATIONS 2005
52
POLLUTION EVENTS
52
10
ECOLOGY
53
10.1
10.2
10.3
10.4
10.5
ENVIRONMENTAL COMPLIANCE OFFICER

ENCROACHMENT INTO WILDLIFE AREAS
PROTECTED SPECIES
PROTECTION OF MATURE TREES
TREE REPLACEMENT
53
53
54
57
58
10.6
10.7
10.8
10.9
CONTROL OF INVASIVE AND ALIEN SPECIES

RIVER ALMOND, GOGAR BURN AND FIRTH OF FORTH PROTECTION
PEST CONTROL
NOISE
58
58
59
59
11
ARCHAEOLOGY AND CULTURAL HERITAGE
61
11.1
11.2
ARCHAEOLOGICAL DISCOVERIES
LISTED BUILDINGS
61
62
12
LANDSCAPE AND VISUAL
63
PART 2
13
LOCAL CONSTRUCTION PLANS AND SITE SPECIFIC COMMITMENTS 65
13.1
13.2
13.3
INTRODUCTION
LOCAL CONSTRUCTION PLAN CONTENTS
FINALISATION OF LOCAL CONSTRUCTION PLANS
ANNEX A
LIST OF LOCAL CONSTRUCTION PLANS (LCPS)
ANNEX B
SITE SPECIFIC COMMITMENTS
65
65
66
LIST OF ABBREVIATIONS
BAA
BAA plc (formerly British Airports Authority)
BS British Standard
CAA
Civil Aviation Authority
CARs
Water Environment Controlled Activities Regulations (Draft) 2004
CDM
Construction Design and Management (Regulations)
CEC
City of Edinburgh Council
CECAS City of Edinburgh Council Archaeology Service
CoCP
COSHH Control of Substances Hazardous to Health (Regulations)
CTMP
Construction Traffic Management Plan
dB (A) A - weighted decibel
DEFRA Department for Environment, Food and Rural Affairs
DMS
Drainage Management Strategy
EARL
Edinburgh Airport Rail Link
ECOEnvironmental Compliance Officer
ECW
Environmental Clerk of Works
EIA
Environmental Impact Assessment
ELBG
Edinburgh and Lothians Badger Group
EMP
Environmental Management Plan
ES
Environmental Statement
HGV
Heavy Goods Vehicles
HS
Historic Scotland
HSE
Health and Safety Executive
Hz
Hertz unit of frequency
IFA
Institute of Field Archaeologists
LA
Local Authority
LCP
Local Construction Plan
LHMP Landscape and Habitat Management Plan
LLAU
Limits of Land to be Acquired or Used
LOD
Limits of Deviation
NMRS National Monuments Record of Scotland
OD
Ordnance Datum (system for measuring height above sea level)
OS
Ordnance Survey
PERP
Pollution Emergency Response Plan
PPERP
Pollution Prevention and Emergency Response Plan
PPG
Pollution Prevention Guidelines
RAMSAR Protected Wetland site under the RAMSAR Convention
ROW
Rights of Way
SAM
Scheduled Ancient Monument
SEERAD Scottish Executive Environmental and Rural Affairs Division
SEMP
Site Environmental Management Plan
SEPA
Scottish Environment Protection Agency
SINC
Site of Importance for Nature Conservation
SMC
Scheduled Monument Consent
SMR
Sites and Monuments Records
SNH
Scottish Natural Heritage
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SPA
SSSI
SUDS
TPO
TTROs
WFD
WLC
WOSAS
WSI
Special Protection Area

Site of Special Scientific Interest
Sustainable Urban Drainage System
Tree Preservation Order
Temporary Traffic Regulation Orders
Water Framework Directive 2000/60/EC
West Lothian Council
West of Scotland Archaeology Service
Written Scheme of Investigation
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II
GLOSSARY OF TERMS
A-weighting
Environmental noise measurements and levels are usually

expressed using a variation of the decibel scale which gives
less weight to low frequencies and very high frequencies.
This system was derived to correspond to the reduced
sensitivity of the hearing mechanism to these frequencies
when noise levels are low (ie relatively quiet). It is now used
regardless of the intensity of the noise.
Ambient Background Noise

Level (LA90)
Surrounding background noise level, which is a measure of

the low level of noise that occurs between the higher noise
levels from particular events, for example passing vehicles.
This may be abbreviated to BNL and has the symbol LA90. It
represents the value exceeded for 90% of the time period
being considered. It is higher than the minimum noise level
but may be regarded as the typical noise level during quiet
periods.
Arbitration
See Section 1.15 of this CoCP.
Authorised Undertaker
As defined in section 51 (1) of the EARL Bill namely in

relation to any event or thing before the EARL Bill comes into
force, tie ltd and at any time thereafter, tie ltd or such other
person as is at that time designated as the Authorised
Undertaker in a transfer agreement made pursuant to section
37 of the EARL Bill.
A Code of Construction Practice (CoCP) sets out mitigation

measures that will be implemented during the construction
phase of a project in order to minimise environmental
impacts. CoCPs contain generic measures as well as sitespecific measures.
Construction
As defined in Section 1.7 of this CoCP.
Construction Supervisor
Contractor
Decibel (dB)
Noise levels are measured using the decibel scale. This is not
an additive system of units (as for example, metres or
kilograms are) but a proportional system (a logarithmic
progression). A change of 10 dB corresponds to a doubling
of loudness; changes of less than 3 dB are not normally
regarded as noticeable.
Deciduous
Trees and shrubs which shed all leaves annually at the end of
the growing season.
Dewatering
Extraction of ground water to artificially lower ground water

levels to prevent an influx of water to sub surface
construction or operational areas, or the extraction of surface
on drainage waters that may infiltrate such an area.
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III
EARL Act
Upon receiving Royal Assent the Edinburgh Airport Rail

Link Bill shall become the Edinburgh Airport Rail Link Act
(the EARL Act).
EARL Bill
The Edinburgh Airport Rail Link Bill (Reference SP Bill 58)

and in the event of it receiving Royal Assent it shall be the
Edinburgh Airport Rail Link Act (the EARL Act).
Embankment
A ridge of earth or rock constructed above ground level to

carry a road, railway, canal, etc, or to contain water.
Environmental Clerk of Works
Environmental Compliance
Officer
As defined in Section 1.6.1 of this CoCP.
Environmental Impact
Assessment (EIA)
A systematic procedure required under the Environmental

Impact Assessment (Scotland) Regulations 1999 (SI 1999
No 1) that identifies, predicts and evaluates the impacts that
a proposed development may have on the environment.
Environmental Management
Plan (EMP)
A Management Plan setting out the mechanisms for

managing the actual and potential environmental impacts
through the design, construction, commissioning and
operational phases of a project.
Environmental Statement (ES)
A document reporting the findings of an Environmental

Impact Assessment.
Equivalent Continuous Sound

Level (LAeq, T )
The LAeq level gives a single figure to describe a sound that

varies over a given time period, T. It is the A-weighted
steady sound level that would result in the same sound
energy at the receiver as occurred in practice with the
varying level. It is derived from the logarithmic summation
of the sound signal, and so unlike a conventional (linear)
average it gives additional weighting to higher levels.
Faade Level
Noise levels at locations 1 m from the faade of a building are

described by the term Faade Levels and are subject to higher
noise levels than those in open areas (free-field conditions)
due to reflection effects.
Fauna
Animals.
Floodplain
The flat area bordering a river that accepts flood waters

during times of flooding. Composed of flood related river
sediment deposits.
Flora
Plants.
Freeboard
The distance between normal water level and the top of a

structure.
Groundwater
Underground water that is held in the soil and in permeable

sediments and rocks.
Hazardous Waste
Waste material as stated in the Hazardous Waste Directive

91/689/EC. Includes all toxic, flammable and potentially
infectious waste.
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IV
Inert Waste
Waste that does not undergo physical, chemical or biological

reaction. Inert waste is not considered harmful to the
environment if disposed of appropriately eg to landfill.
In-Situ
In the original position.
LAeq, T
LAeq, T is the A-weighted equivalent sound level over the

period T. A-weighting is a frequency weighting that
replicates the frequency response of the ear. LAeq, T is a widely
used noise parameter that represents a varying noise level by
calculating the constant noise level that would have the same
energy content over the measurement time period. It is the
recommended parameter for train noise.
Local Authorities
Local Construction Plan (LCP)
Local Construction Plans form the site-specific part of the

Code of Construction Practice (CoCP). A Local Construction
Plan describes local features and commitments pertaining to
a certain area and how construction activities will be
managed in that area.
Limits of Deviation (LOD)
The precise boundary of land which may be required

permanently for the construction or operation of the
specifically described works comprising a scheme (eg a
railway scheme). The scheme is built within these limits.
Limits of Land to be Acquired

or Used (LLAU)
Land which is required, or over which either temporary or

permanent rights are required, for purposes connected with
the construction or operation of a scheme (eg a railway
scheme). The LLAU encompasses a greater area of land than
the LOD in order to allow for such connected temporary or
permanent works or land uses eg construction sites, access
alterations, landscaping.
Listed Building
A building included on the Secretary of States list of

buildings of special architectural or historic interest, which is
afforded statutory protection under the Scottish Planning
Acts.
Maximum Noise Level (LAmax )
The LAmax is the highest value of the sound level over a

specified period. It is sometimes referred to as peak noise
level. However, the term peak has a special meaning in
acoustics and the expression maximum is preferable to
avoid confusion.
Neighbour Notification
A process for notifying parties during the construction works

as described and set out in Section 1.13.1 of this CoCP.
Parapet
A protective fence or wall at the edge of a bridge or similar

structure.
Pile
A concrete or steel structure driven into the ground to serve

as a foundation or barrier.
Possessions
Closure of a section of an operating rail network for a specific

period of time to allow for engineering and construction
works on and in the vicinity of existing railway.
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Promoter
A person or body from outside the Scottish Parliament who

lays a Private Bill before it.
Realigned
Where a road alignment is permanently altered.
Receptor
Physical or non-physical aspect of the environment that may

experience impacts as a result of constructing and operating
a scheme eg watercourse, woodland, residential properties,
landscapes.
Revetment
A facing used to support an embankment.
Riparian
Relating to a riverbank or adjacent habitat.
Ruderal
Growing in refuse or waste ground.
Safeguarding
Works or operations eg underpinning to prevent or remedy

damage to structures within a stated area which might
otherwise be, or which have been, damaged by the works
authorised see Section 4.9 of this CoCP.
Salmonid
Salmonids include salmon and trout, usually found in fast

flowing stretches of rivers and streams with high oxygen and
low nutrient content.
Scheduled Ancient Monument
A monument or site of archaeological importance which is in

the guardianship of the Secretary of State or which has been
scheduled by the Secretary of State as being of archaeological
importance under the terms of the Ancient Monuments and
Archaeological Areas Act 1979.
Severance
Where a physical barrier is created through an area or

feature, eg road severance or field severance.
Site (the)
Site Environmental
Management Plan (SEMP)
An Environmental Management Plan developed by the

Contractor setting out the mechanisms for managing the
actual and potential environmental impacts through the
construction phase of a project, and that particular site.
Sites of Importance for Nature

Conservation (SINC)
Sites within the local plan area, which have been identified
by the Council as being of known conservation importance in
the local context in terms of their flora, fauna, geological or
physiographical features.
Sites of Special Scientific

Interest (SSSI)
A site designated by Scottish Natural Heritage as requiring

special protection because of its flora, fauna, geological or
physiographical features under the Wildlife and Countryside
Act.
Sleeper Soffit
Underside of a railway sleeper.
Special Protection Area (SPA)
An area of international importance for birds designated

under EU Directive 79/409 on the Conservation of Wild
Birds.
Spoil
Rock and soil waste material.
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VI
Spread Footing
A typical ground bearing reinforced concrete foundation

including a widening of any structure at the foot to improve
its stability, in breakwaters, earth or other dams, or simple
walls.
Stopped Up
Where a public or private road or other Right of Way is

blocked up to prevent through-access.
Sustainable Urban Drainage

System (SUDS)
A system or combination of drainage management practices

and control structures designed to drain surface water or
manage waters in a sustainable manner.
tie ltd
tie limited (Company no. SC230949) whose registered office

is at City Chambers, High Street, Edinburgh, Midlothian,
EH1 1YJ.
Tributary
A stream or river which feeds into another larger stream or

river.
Un-bulked Spoil
Volume of earth in situ.
Underpinning
Engineering solution to ensure that any soil settlement

caused by a lowering of groundwater levels does not cause
structural damage to buildings.
Vibration Dose Value (VDV)
A vibration measurement parameter that combines the

magnitude of vibration and the time for which it occurs. The
measurement is based on a form of acceleration that is
frequency weighted to reflect human sensitivity to various
frequencies (see BS 6472). VDV criteria relates to the various
degrees of adverse comment, which may be received from
occupants of residential buildings.
Waste Management
The reduction, re-use, recovery, treatment and disposal of

waste including domestic refuse, demolition and road
construction materials, industrial and agricultural waste, and
sewage.
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VII
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VIII
INTRODUCTION
1.1
THE PROJECT
tie ltd is promoting the Edinburgh Airport Rail Link Bill (the Bill) which was
introduced in the Scottish Parliament as a Private Bill on 16 March 2006. The
Bill if enacted will authorise the construction of the Edinburgh Airport Rail
Link project (EARL) by the Authorised Undertaker.
The site of the proposed railway lies around 12 km to the west of Edinburgh
beyond the urban fringes.
The proposed scheme comprises a new heavy railway to Edinburgh Airport
and a new train station at the airport. The core scheme will be approximately
14 km long linking into the existing railway network at the following
locations:
on the Edinburgh to Glasgow railway line (at Winchburgh Junction and

near Roddinglaw);
on the Edinburgh to Fife railway line (near the Gogar Roundabout and
near the Dalmeny oil storage depot); and
on the Fife to Glasgow railway line (Dalmeny Chord), north of Kirkliston.
The proposed EARL route is shown in Figure 1.1.

The main features of the scheme are as follows:
a sub-surface railway station at the airport;

a station concourse or station building linking to the airport;
around 1.6 km of railway tunnels;
around 14 km of new double track railway creating 5 new chords;
around 6 km of upgraded double track railway;
5 new railway junctions including a new high speed grade separated
junction at Roddinglaw;
the remodelling of the existing Winchburgh Junction;
around 13 km of new roads;
around 1.6 km of new cycle track;
around 3 km of river diversions / new drains;
19 new bridge structures;
the demolition of one farm out-building;
associated works including emergency access routes, ventilation shafts,
signalling work etc and associated railway lineside infrastructure;
various utility diversions including high and medium pressure gas
pipelines;
9 new / replacement culverts; and
around 1.2 million m3 of excavated unbulked earthworks (approximately
1.5 million m3 bulked).
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Figure 1.1
The Proposed EARL Route
1.2
PURPOSE AND AIMS OF THIS CODE OF CONSTRUCTION PRACTICE

The purpose of this Code of Construction Practice (CoCP) is to define
minimum standards of construction practice required of the Contractor as a
responsible employer in so far as they affect the environment, amenity and
safety of local residents, businesses, the general public in the vicinity of the
proposed railway works.
This CoCP also aims to assure residents and other affected parties that impacts
on their environment are being taken into account according to best practice.
Overall, this CoCP aims to mitigate detrimental environmental impacts and to
safeguard the environment during the construction period.
1.3
tie ltd
tie ltd is the Promoter of the EARL Bill and at the time of enactment will be
the Authorised Undertaker.
The Authorised Undertaker will appoint a suitably qualified Environment
Manager who will be responsible for monitoring and auditing compliance
with all environmental commitments set out in this CoCP, and elsewhere, in
accordance with sections 46, 46A and 46B of the EARL Act and other relevant
environmental legislation. The Environment Manager will report to the
Authorised Undertakers Construction Supervisor (see Section 1.4).
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The Authorised Undertaker has ultimate responsibility in the event of noncompliance with this CoCP by the Contractor.
1.4
CONSTRUCTION SUPERVISION
The Authorised Undertaker will appoint a Construction Supervisor to
supervise the activities on the construction site at all times when the
construction site is operational. The Construction Supervisor will hold regular
meetings with the Authorised Undertakers Environment Manager, the
Contractor (see Section 1.5) and the Local Authorities Environmental
Compliance Officer (see Section 1.6.1) to discuss construction activities and
compliance with this CoCP.
1.5
THE CONTRACTOR
The provisions of this CoCP will be incorporated into the contract(s) for the
construction of EARL. The Contractor(s) and any sub-contractors (hereafter
referred to as the Contractor) will be required to comply fully with the terms
of this CoCP.
The Contractor will be required to appoint a suitably qualified Environmental
Clerk of Works (ECW) who will be responsible for the ongoing monitoring
and delivery of environmental measures throughout construction. The ECW
will report to the Contractors Construction Manager and will be required to
liaise with the Authorised Undertakers Construction Supervisor (see Section
1.4), the Local Authorities Environmental Compliance Officer (see Section
1.6.1), and with the statutory environmental bodies to ensure all reasonably
practical means are adopted to fulfil the requirements of this CoCP, the
construction contract and all relevant environmental legislation.
1.6
THE LOCAL AUTHORITIES

EARL falls within the administrative boundaries of the City of Edinburgh
Council and West Lothian Council. Hereafter these will be referred to as the
Local Authorities. Discussions and agreements between the Authorised
Undertaker, the Contractor and the Local Authorities will occur with one or
both authorities, as relevant.
1.6.1
Environmental Compliance Officer

The Local Authorities will appoint an Environmental Compliance Officer, as
set out in section 46B of the EARL Act. The Environmental Compliance
Officers principal duty will be to monitor and enforce compliance with
sections 46, 46A and 46B of the EARL Act and the associated environmental
mitigation commitments (including this CoCP).
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1.7
DEFINITION OF CONSTRUCTION
In this CoCP, construction includes all site preparation, demolition, materials
delivery, spoil disposal, materials and waste removal and all engineering,
construction and commissioning activities. This CoCP will apply throughout
the construction, testing and commissioning period. Contractual provision
will be made for auditing compliance and rectifying any breaches of this
CoCP during these phases.
1.8
DEFINITION OF THE SITE

The Site, for the purpose of this CoCP, is defined as the land within the limits
defined in the EARL Bill (ie the LOD, LLAU and limits of safeguarding)
shown on the Parliamentary plans relating to the EARL Bill.
1.9
ENVIRONMENTAL MANAGEMENT PLANS
1.9.1
Environmental Management Plan

The Authorised Undertaker has produced an Environmental Management
Plan (EMP) for the EARL project. This complies with ISO 14001 and sets out
the mechanism by which environmental issues will be dealt with throughout
the various phases of the project from design through to operation. The EMP
includes a Project Environmental Register which lists the mitigation measures
that must be adhered to and delivered as part of the project. This Register, in
effect, catalogues the mitigation measures, from a variety of mitigation plans
and reports including the ES and this CoCP, that have been committed to by
the Authorised Undertaker. The EMP will be continuously reviewed and
updated by the Authorised Undertakers Environmental Manager, and
monitoring will be undertaken to check compliance with the EMP and the
effectiveness of the mitigation measures. SNH, SEPA, Historic Scotland and
the Local Authorities will be consulted on the EMP.
1.9.2
Site Environmental Management Plan

Following contract award the Contractor will produce a Site Environmental
Management Plan (SEMP) in consultation with the Environmental
Compliance Officer, and for approval by the Authorised Undertaker and the
Local Authorities. Prior to approval by the Authorised Undertaker and the
Local Authorities, consultation will be undertaken by the Local Authorities
with SNH and SEPA, and if appropriate Historic Scotland.
The SEMP will set out how the Contractor intends to operate the construction
and work sites and will set out the specific control measures necessary to
deliver the requirements of this CoCP and any other mitigation measures that
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have been committed to by the Authorised Undertaker that relate specifically

to the construction phase of the project.
The Contractor will need to demonstrate, via the SEMP, the management,
monitoring, auditing and training procedures that will be in place. The SEMP
will also need to set out the specific roles and responsibilities of the
Contractors personnel in managing, monitoring and controlling all staff and
sub-contractors.
The Contractor will have the responsibility of establishing and maintaining
contact with the Local Authorities, SNH, SEPA, Historic Scotland,
landowners, local residents, local businesses, other local interest groups etc
and keeping them informed of construction matters likely to affect them, see
Sections 1.13 and 2.0 for further details.
1.10
COMPLIANCE WITH LEGISLATION, STANDARDS AND GUIDANCE

This CoCP covers specific legislative requirements as well as general
requirements and compliance with current standards.
There are many Codes, Standards and Acts of Parliament which cover
environmental and related matters. These are referred to where applicable in
this CoCP. Notwithstanding these references, compliance with this CoCP will
not absolve the Contractor from compliance with all legislative requirements
applicable at the time of the construction activities. Wherever this CoCP
makes reference to Legislation, Standards or Codes it will be the Contractors
responsibility to ensure that the current versions are used at all times.
1.11
STRUCTURE OF THIS COCP

This CoCP consists of two Parts.
Part 1 sets out generic principles that relate to the whole of the EARL works,
while Part 2 sets out site-specific measures that apply only at certain locations
along the route.
The Contractor should treat Parts 1 and 2 as the full CoCP.
1.11.1
Part 1
Part 1 of this CoCP is presented in a way that reflects the topics addressed in
the Environmental Impact Assessment (EIA) and presented in the
Environmental Statement (ES) of March 2006, accompanying the EARL Bill.
The majority of measures presented in Part 1 of this CoCP originated from
mitigation measures identified as part of the EIA process.
Part 1 of this CoCP is organised as follows.
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Section 2: describes the routes of communication for the public etc including
obtaining information and logging complaints.
Section 3: sets out the hours of working the Contractor must adhere to for all
construction works.
Section 4: sets out the site organisation and site housekeeping regime.
Sections 5 to 12: set out the minimum standards of construction practice for the
following topics:
1.11.2
Traffic and Transport;

Noise and Vibration;
Dust and Air Pollution;
Disposal of Waste and Contaminated Materials;
Protection of the Water Environment;
Ecology;
Archaeology and Cultural Heritage; and
Landscape and Visual.
Part 2
Part 2 of this CoCP sets out site-specific measures that relate only to certain
locations along the EARL route. This includes Local Construction Plans
(LCPs).
Part 2 explains the process that will be followed for developing and finalising
LCPs. Annex A to this CoCP includes a list of the LCPs that the Authorised
Undertaker has committed to producing. However, it should be noted that
although the actual LCPs will take the form of separate documents they are
still to be treated as part of this CoCP.
Other site-specific commitments relating to the design and construction of
EARL that the Authorised Undertaker has agreed to undertake but which do
not fall within a LCP area are catalogued and presented in Annex B to this
CoCP.
It should be noted that the generic principles set out in Part 1 of this CoCP still
apply to the LCP areas, even although they may not specifically be addressed,
or referred to, except where alternative, but no less effective, measures have
been agreed.
1.12
STATUS OF THIS COCP

This CoCP is in draft at present. Development of this draft CoCP will be
progressed by the Authorised Undertaker and then the Contractor.
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Figure 1.2 below sets out the anticipated process for the finalisation of this
CoCP.
As noted above, the Contractor will be required to complete Parts 1 and 2
(including the LCPs) of the CoCP. Both Parts will then be approved by the
local planning authorities in consultation with SNH, SEPA etc, as detailed in
Figure 1.2, before construction commences.
Figure 1.2
Proposed Process for Finalising this CoCP
Further drafts of this CoCP will be produced by the Authorised Undertaker as issues are
raised during the Parliamentary process, as the design progresses and as details are
developed relating to construction methodologies. This may continue up until the
appointment of the Contractor (this includes LCPs).
Draft 5 of this CoCP, 19 February 2007, as approved by the Scottish Parliament,
prescribes the minimum standards that must be adhered to. Subsequent amendments
can be made to this CoCP, but the level of environmental protection must be no less than
that afforded by Draft 5 of this CoCP.
Once the EARL Contractor is appointed, this CoCP will be developed further based on
the construction methodologies and designs developed by the Contractor.
The Contractor will consult with all relevant parties on further drafts of the CoCP and
will be contractually obliged to produce a Final CoCP, Parts 1 and 2, along with any
LCPs.
The Contractor will be responsible for securing the approval of the Final CoCP by each of
the local planning authorities before construction begins.
Before each local planning authority approves the Final CoCP (and LCPs) they will
consult Scottish Natural Heritage (SNH) and the Scottish Environment Protection
Agency (SEPA) and where appropriate, Historic Scotland (HS).
Compliance with the Final CoCP will be a direct contractual obligation of the Contractor.
The Final CoCP will be under constant review by the Authorised Undertaker. Any
amendments will be made subject to consultation, but the level of environmental
protection must be no less than that afforded by Draft 5 of this CoCP.
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1.13
CONSULTATION
As shown in Figure 1.2, the further development of this CoCP will involve
consultation at all stages by either the Authorised Undertaker or the
Contractor.
The initial draft of this CoCP was set out in Annex L of the Environmental
Statement of March 2006 (Volume 2). The ES was widely consulted upon in
draft (May 2005), along with the draft EARL Bill. SEPA, SNH, HS, the Scottish
Executive and the Local Authorities were invited specifically to make
comments. All comments were considered and incorporated into the finalised
ES where appropriate.
The Authorised Undertaker (and then the Contractor) will consult widely on
further drafts of this CoCP including, where relevant, with the following:
local residents;
community councils and / or community liaison groups;
landowners;
local businesses;
other developers in the area;
the Local Authorities;
Edinburgh Airport Limited;
Network Rail;
statutory agencies including SEPA, SNH and HS; and
non-statutory bodies including the Edinburgh and Lothian Badger
Group.
As noted in Section 1.8.2 the Contractor will be responsible for maintaining a

liaison with all relevant parties throughout the construction process, Section 2
sets out further details of what is required.
1.13.1
Neighbour Notification
From time to time during the construction period activities may need to be
undertaken that are beyond the normal working conditions set out in this
CoCP. Where such activities may be anticipated they will be indicated in the
relevant LCPs. However, the timing of such activities may not be known and
there may also be activities that are not anticipated. These activities could
include:
alterations to the normal working hours;

alterations to roads/rights of way/access;
the undertaking of noisy activities; and / or
alterations to HGV movement hours.
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In such instances residents and businesses ie neighbours to the works in the

area will be notified by the Contractor two weeks in advance of approvals
being sought from the appropriate bodies (if such approvals are required).
Notice of such works will be publicised one week before they are due to be
undertaken. Where approvals are not required the Contractor will inform
neighbours in the same manner before the works are undertaken. The
neighbour notification process will give those that will be affected by
abnormal work activities an opportunity to raise issues to the Contractor who
will endeavour, where reasonably practical to do so, to take comments into
account before applying to the appropriate body for approval (if such
approval is required). Once the activities have been finalised they will be
publicised in the weekly newsletter in the week preceding the works (see
Section 2.3). Figure 1.3 illustrates the neighbour notification process.
Figure 1.3
Proposed Neighbour Notification Process
Contractor identifies site activity requiring neighbours to be notified in advance.
Contractor issues details in writing to relevant neighbours two weeks in advance of Local
Authorities (or any other approval body) being approached (where required). The
following details should be included:
appropriate annotated plans and sections and other graphical material as appropriate;
details of the proposed action eg night time activity;
reasons for the proposed action eg works required on existing railway;
proposed duration and dates; and
contact details.
Comments should be returned to the Contractor within 7 days.
Contractor reviews comments and discusses issues with relevant neighbours.
If Local Authority approval (or approval from another body) is required the Contractor
submits details for approval. The details will include comments received, and issues
outstanding, from the neighbour notification process.
Once finalised, the details will be published in the newsletter, on the website, and in the
information centre as appropriate.
Works will be undertaken and monitored to ensure compliance with the details as agreed.
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The LCPs also involve consultation, but this will be focused and related to the
LCP area. Details of how the LCPs will be developed and consulted upon are
set out in Part 2 of this CoCP.
If at any time a neighbour or another party is discontented with the EARL
construction works they should contact the Project via the complaints hotline
as described in Section 2.4.
1.14
ENFORCEMENT OF THIS COCP

The Authorised Undertakers commitments to environmental mitigation set
out in this CoCP will be enforceable as planning conditions under the terms of
section 46B of the EARL Act.
Various parties will have responsibly for implementing, monitoring, auditing
and enforcing compliance with the environmental mitigation set out in this
CoCP ie:
The Contractors Environmental Clerk of Works will be required to ensure

the mitigation measures are implemented;
The Authorised Undertakers Environment Manager will be responsible
for monitoring and auditing the Contractor; and
The Local Authorities Environmental Compliance Officer will be
responsible or monitoring and enforcing compliance by the Authorised
Undertaker.
The Local Authorities function under section 46B of the EARL Act will
include enforcing compliance with the requirements of this CoCP as if they
were planning conditions attached to a grant of planning permission. This
will give the local planning authorities enforcement powers, including, in
certain circumstances, the ability to suspend works if they are not satisfied
that the works are being undertaken as authorised. The Local Authorities
Environmental Compliance Officer will be monitoring the construction works
to ensure environmental mitigation commitments (including this CoCP) are
adhered to. The Environmental Compliance Officer will report to the relevant
local planning authority in the event of non compliance and enforcement
action can be taken.
In addition, it can be expected that the Contractor, as with any Contractor on a
major construction site, will be subject to monitoring by the Local Authorities
Environmental Health Officers (in addition to the appointed Environmental
Compliance Officer) to ensure compliance with other environmental
legislation. They will be concerned with issues such as construction noise, air,
light and odour pollution and other general impacts during the construction
process. Under existing legislation, eg the Control of Pollution Act, action can
be taken by the Local Authority if they are not satisfied with the way the
construction works are being undertaken and the impacts they are having on
the local community and/or environment.
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The Authorised Undertakers Construction Supervisor will hold regular

meetings with the Contractor and the Local Authorities to discuss
construction activities and compliance issues.
The provisions of this CoCP will be incorporated into the Contractors
contract(s) for the construction of EARL. The Contractor will be required to
comply fully with the terms of this CoCP. Failure to do so will be a breach of
Contract and the Authorised Undertaker will take appropriate action, as
required, to ensure compliance with the Contract.
In summary, the Authorised Undertaker and the Local Authorities have a
number of ways of enforcing compliance with this CoCP in the event that
recourse for non compliance is required.
1.15
ARBITRATION
In the event that any of the provisions of this CoCP are subject to agreement
by, or approval of, the Authorised Undertaker, failure to obtain such
agreement or approval shall be referred to a single arbiter either jointly
appointed by the party seeking such agreement or approval and the
Authorised Undertaker or, failing agreement on such appointment, to be
appointed, on the application of any party (after notice in writing to the other),
by the President for the time being of the Institution of Civil Engineers. The
arbiter shall be entitled to state a case for the opinion of the Court of Session
pursuant to section 3 of the Administration of Justice (Scotland) Act 1972.
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Part 1
PUBLIC RELATIONS
2.1
PUBLIC RELATIONS LIAISON OFFICER

The Contractor will appoint a liaison officer to manage all public relations,
information and press related matters. The liaison officer will liaise with the
Local Authorities, community councils, other statutory bodies, businesses,
members of the public, press and the media on all matters relating to the
works. The liaison officer will be responsible for the process described in
Sections 1.8.2 and 1.13. Where appropriate the liaison officer will set up
Community Liaison and Business Liaison Groups.
2.2
INFORMATION CENTRE AND WEBSITE

The Contractor will provide and maintain an Information Centre at a location
to be agreed with the Authorised Undertaker. The Information Centre will be
accessible to residents, businesses, other stakeholders, interested third parties
and the general public, between the hours of 0900 and 1700, Monday to
Friday. It will provide up to date information on the progress of the works
and the current areas affected by construction. The Contractor will also
provide and maintain a website which will provide the same information.
2.3
WEEKLY NEWSLETTER
The Contractor will publish a weekly newsletter every Wednesday detailing
works to be undertaken in the forthcoming week, outlining with appropriate
maps and diagrams, any alterations to road traffic circulation required by the
coming weeks works and any other issues considered to be important. This
newsletter will be free and distributed by fax and email to local and national
newspapers and other news media, the Local Authorities, community councils
/ liaison groups, local businesses, Lothian and Borders Police, the emergency
services and to any other persons or organisations that have previously
requested receipt of the newsletter. Additionally, take-away hard copies of
the newsletter will be placed in the Information Centre by Thursday morning.
The telephone and fax numbers and the website address of the hotline will be
provided in the weekly newsletter.
2.4
COMPLAINTS HOTLINE
The Contractor will also provide and maintain a Complaints Hotline to deal
with any complaints received in connection with the construction of EARL.
The hotline will be answered by the Liaison Officer, a deputy, or by another
designated competent operator between the hours of 0730 and 1830, on every
day when construction work is being undertaken. Outwith these hours, an
automated call recording service will be provided except where specific
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authorised out-of-hours works are being undertaken; in such instances the

hotline call will be forwarded to an appropriate responsible person eg the site
supervisor. The telephone and fax numbers and the website address of the
hotline will be provided through the press and the weekly newsletter and will
be clearly displayed on hoardings around and in the vicinity of every
worksite.
In the event of any emergency out-of-hours contact details will be published
on the website, in newsletters and will be given on the hotline pre-recorded
answer message.
2.5
COMPLAINTS LOG
All complaints received will be registered in a suitable log and remedial action
instigated within 24 hours by the Contractor. The remedial action taken will
be logged and a response passed to the complainant within 48 hours of the
initial complaint. The form of the response will be appropriate and will reflect
the form of the complaint eg letter, email, phone call unless otherwise
requested. All other comments, questions, further complaints, responses and
actions taken will be logged in writing. An up to date copy of the complaints
register will be compiled daily, together with a report on the progress of any
actions. This complaints register will be inspected and signed daily by a
nominated senior representative of the Contractor and will be counter signed
by the Contractors Project Director at least once per week.
A copy of each weeks complaints register will be placed every Friday in the
Information Centre, where the public may freely inspect it.
A copy of the complaints register will be forwarded to the Authorised
Undertaker and the Environmental Compliance Officer once per week. The
master register will be available for the Authorised Undertaker and the
Environmental Compliance Officer to inspect at any other time during normal
working hours.
2.6
STAFF IDENTIFICATION
The Contractor will ensure that all site staff are easily identifiable to the public
by use of identity cards or another equally effective system.
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HOURS OF WORKING
3.1
GENERAL
Normal hours of working for construction of EARL will be Monday to Friday
and also Saturday 0800 to 1800 hours.
These hours of work will not apply to equipment which is required to operate
continuously, activities that can only be undertaken outwith these hours and
the bored tunnelling activities which require 24 hour operations.
A half hour start-up period will be permitted between 0730 and 0800 to allow
the Contractors staff to arrive at the site and prepare for the construction
works. During this time, no construction works which could disturb local
residents will be permitted. The time may be used for office based activities,
health and safety issues, briefings etc No deliveries will be allowed during the
start up period unless agreed in advance with the relevant Local Authority. A
half hour close down period will equally apply to the end of the day between
1800 and 1830 hours.
In certain circumstances different working hours will apply. These will be
agreed between the Contractor, the Authorised Undertaker and the Local
Authorities. Applications for consents from the Local Authority will occur at
least two weeks in advance. Such activities include:
24hr tunnel boring operations;

works around the airport;
night-time railway possession work;
airport possession work;
night-time road closure work, setting up contra-flows etc;
utility diversions, in periods of low demand;
spoil removal from site;
special plant deliveries eg the tunnel boring plant; and / or
some material deliveries.
Significant possessions (line closure and track access allowance), including 29,
54 and 78 hour possessions, are likely to be required, and most of these will be
at night, weekends or on public holidays.
Works may also be required outside the normal hours of working eg spoil may
be stored for transportation at off-peak times. Occasions where construction
operations may take place outside of normal working hours will be subject to
prior agreement with the relevant Local Authorities.
Where Sunday or evening/night working has the potential to disturb people
living and working nearby occupiers will be notified as set out in Section 1.13
and Figure 1.3 and the notice of works will be publicised seven days in
advance. A description of the works to be carried out, measures that will be
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taken to control noise or other disturbance, the proposed hours of working

and contact details should they wish to contact the Contractor will be
provided.
The neighbour notification process set out in Section 1.13 and in Figure 1.3 will
be followed in relation to works proposed outwith the normal working hours.
Where such situations may be anticipated they will be incorporated into LCPs.
3.2
EDINBURGH AIRPORT
Construction works around Edinburgh Airport including the work compound
will be in operation for 24 hours a day during works on this section. BAA,
Edinburgh Airport, local residents, local businesses and landowners,
community councils and the City of Edinburgh Council must be consulted
prior to, and kept informed during, construction as to the nature of works
being undertaken.
3.3
OPERATIONAL RAILWAY
Network Rail will be kept informed of construction works around the existing
railway network. All works on or affecting the existing network will be
undertaken fully in accordance with Network Rails development and
maintenance procedures. These works are likely to be outwith the general
working hours stated above. Network Rail, local residents, local businesses
and landowners, community councils and the Local Authorities must be
consulted prior to, and kept informed during construction as to the nature of
works being undertaken.
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SITE ARRANGEMENTS AND SITE HOUSEKEEPING
A good housekeeping policy will be applied at all times. This will include,
but not necessarily be limited to, the following requirements:
All working areas will be kept in a clean and tidy condition.
All working areas will be non-smoking. Specific areas within the

worksites will be designated as smoking areas and will be equipped
with containers for smoking waste. These will not be located at the
boundary of working areas adjacent to neighbouring land.
Open fires will be prohibited at all times.
All necessary measures will be taken to minimise the risk of fire and the
Contractor will comply with the requirements of the local fire authority.
Radios (other than two-way radios used for the purposes of

communication related to the works) and other forms of audio
equipment with loudspeakers will not be operated on any work site.
Any waste susceptible to spreading by wind or liable to cause litter will

be stored in enclosed containers.
Rubbish will be removed at frequent intervals and the site kept clean
and tidy.
Hoardings will be frequently inspected, repaired and re-painted as

necessary.
Adequate toilet facilities will be provided for all site staff.
Food waste will be removed frequently.
Wheel washing facility areas will be brushed or sprayed clean

frequently.
The Contractor will inspect all working areas at least fortnightly and will
provide a written report on compliance with this section of this CoCP to the
Authorised Undertaker. A nominated representative of the Authorised
Undertaker may carry out inspections of the site at any time without prior
notice of time and place of the inspections. Access to all areas of the works
will be given to visiting inspectors and the Contractor will give inspectors all
reasonable assistance during their site inspection.
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4.1
FENCING AND HOARDING

The Contractor will ensure that all working areas are sufficiently and
adequately fenced off from members of the public and to prevent animals
from straying on to the working area. Temporary hoardings will be selected
to suit the location but may be:
a wire mesh fence, where appropriate for minimum security needs;
a 2.4 m minimum height, plywood faced, timber framed boundary

hoarding, of a surface density of not less than 7 kg/m or other hoarding
providing equivalent security and noise attenuation, in the vicinity of
noise sensitive neighbours; or
other designs where a particular appearance or acoustic rating is

considered to be required and is agreed with the Local Authorities.
Fencing details will be approved by SNH where protected species are present.
More details of noise mitigation are provided in Section 6.
Hoardings that create poorly lit pedestrian routes will have bulkhead lights
fitted and these will be used in hours of darkness.
The location and design of site boundaries, hoardings and temporary
structures on the public road will permit adequate visibility at junctions and
proper forward visibility along the roads in accordance with the National
Roads Directorate advice notes and the requirements of the Local Authorities.
The Contractor will ensure that where hoardings are provided, they are
painted on the side facing away from the Site in a colour and style to be
approved by the Authorised Undertaker and the Local Authorities, and
include identification of the project and contact information.
All hoardings will be maintained in a neat and tidy condition.
The Contractor is expressly prohibited from displaying or allowing the
display of any advertisement, notice, etc including illicit bill or fly posting on
the hoardings. The Contractor will ensure that all graffiti, fly posting or
defacement to the hoardings is removed and made good or obscured within
48 hours of discovery.
An information board will be provided at each work site detailing information
on the site programme and estimated duration of the works, together with the
web address and a 24 hour telephone number for use by members of the
public who wish to lodge complaints or comments.
All fencing and hoarding will be removed as soon as reasonably practicable
after completion of works.
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All fencing and hoardings will be in accordance with noise, ecological and
landscape requirements as set out in this CoCP, and in line with Network
Rails Standards.
4.2
LIGHTING AND VISUAL INTRUSION

Construction buildings, equipment and lighting will be sited so as to minimise
visual intrusion and light spillage at nearby residential properties, in so far as
is consistent with the safe and efficient operation of each work site.
Site lighting will be positioned and directed to minimise nuisance to residents
and to minimise distractions or confusion to passing drivers on adjoining
public roads. The contractors will consult with local residents in relation to
lighting location, lighting direction etc. This provision will apply particularly
to sites where work after dark will be carried out. The Contractor will provide
appropriate lighting for these sites.
Special consideration of lighting arrangements will be required in the vicinity
of Edinburgh Airport and the existing rail network and will be agreed with
Edinburgh Airport Limited and Network Rail respectively prior to the
commencement of works in that area.
So far as is practicable, all power to temporary traffic signals, lighting etc will
be taken from mains supplies rather than from portable generators. Where
portable generators are used, industry best practice will be followed to
minimise noise and pollution from such generators.
The Contractor will comply with the Institute of Lighting Engineers document
Guidance Notes on Reduction of Light Pollution 2000 in so far as is reasonably
practicable and applicable to the construction works.
All lighting will be in accordance with the ecological and landscape
requirements as set out in Sections 10 and 12 in this CoCP.
4.3
ACCESS AND LOADING

Lorries will enter and exit the site in a forward direction, except where space
restrictions do not permit this. If the reversing of vehicles into public spaces is
required, then the movement will be properly controlled by a banksman
observing the rear of the vehicle. The sounding of audible reversing alarms
will not be permitted outside normal working hours, except where this has
been approved by the Local Authorities in connection with works permitted
under Section 3.1 or where required for over-riding safety purposes.
Entry/exit conditions will be subject to prior approval by the Local
Authorities before implementation.
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All loading and unloading of vehicles will take place off the public road as far
as is reasonably practicable.
4.4
SECURITY
Adequate security will be exercised by the Contractor to protect the public
and prevent unauthorised entry to or exit from the site. Site gates will be
closed and locked when there is no site activity and site security measures will
be implemented.
Where site security cameras are used they will be placed in locations that will
not unduly infringe upon the privacy of local residents.
Security arrangements specific to Edinburgh Airport must be developed in
consultation with the CAA, BAA and Edinburgh Airport Limited, and will be
agreed prior to commencement of construction. The same considerations will
apply in respect of Network Rail in relation to works on or in the vicinity of
the existing rail network.
4.5
ON SITE ACCOMMODATION
No living accommodation will be provided within any construction working
area without the prior approval of the Authorised Undertaker and the Local
Authorities. Mess rooms, locker rooms, toilets and showers will be permitted.
4.6
CLEARANCE OF SITE ON COMPLETION

The Contractor will clear and clean all working areas and accesses as work
proceeds and when no longer required for the works.
All surplus soil and materials, temporary roads and hard standings, plant,
sheds, offices and temporary fencing will be removed, post holes filled and
the surface of the ground restored as near as practicable to its original
condition, or to such condition as has previously been agreed with the Local
Authorities or landowner.
4.7
PEST CONTROL
Pest control measures are detailed in Section 10.8.
4.8
SAFETY
Safety is of paramount importance on all construction sites. The following
sections highlight a number of safety aspects but these are by no means
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comprehensive. It is the Contractors responsibility to ensure full compliance

with all applicable health and safety legislation.
4.8.1
Emergency Contacts and Procedures

The Contractor will appoint a suitably qualified Health and Safety Officer.
The Contractor will prepare and maintain an Emergency Contact Procedure
for each work site which will be displayed prominently at each site. These
Procedures will be followed in any site emergency.
The procedures will contain emergency phone numbers and the method of
notifying Local Authorities/services for action by the Contractor, the
Authorised Undertaker and its Agents site staff. Copies of the Procedures
will be issued to the Local Authorities, community councils, the Fire Brigade,
the Police, the Ambulance Service and the relevant statutory authorities.
Emergency telephone numbers for the Contractors key personnel will also be
included for the Authorised Undertakers use in an emergency.
Health and Safety briefings will be made to all staff before they enter the site
initially with regular updates and awareness-raising.
4.8.2
Health and Safety at Work Etc Act 1974

All site work will be carried out under the provisions of the Act, and to the
satisfaction of the local HSE officer.
The Health and Safety manager will ensure compliance with all health and
safety legislation.
4.8.3
Contaminated Materials (Special Precautions)

For those sites at which contaminated material is encountered, the
Contractors Health and Safety Officer will ensure that a Workers Safety
Information Sheet is prominently displayed in rest/mess rooms and wash
rooms covering hygiene, work practices, clothing requirements etc. Other
environmental risks eg dangerous plant species will also be displayed for staff
information.
General provisions concerning disposal of contaminated materials are
described in Section 8.
4.8.4
Crane Arcs
Crane arcs will be confined within the site boundaries unless agreed otherwise
with the Local Authorities and the police or the appropriate statutory bodies.
Consultation with the CAA, Edinburgh Airport Limited (the licensed operator
of Edinburgh Airport) and Network Rail will be undertaken to determine
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maximum heights of crane arcs within the vicinity of the airport and the
existing rail network respectively.
4.8.5
Use of Explosives
The use of explosives will not be permitted except in exceptional
circumstances. Prior approval will be obtained from the Authorised
Undertaker and the relevant statutory bodies, including Local Authorities and
the HSE. The use of explosives will be agreed with the Environmental
Compliance Officer, and Historic Scotland, SNH and SEPA will be consulted
where appropriate.
4.9
PROTECTION OF EXISTING INSTALLATIONS

The Contractor will be required to make its own investigations and to take all
appropriate actions concerning existing foundations, buildings, structures,
walls, roadways, sewers, cables and other services, apparatus and
installations.
4.9.1
Safeguarding
The Contractor will properly safeguard all buildings, structures, works,
services or in accordance with the EARL Act. The Contractor will take all
necessary measures required for the support and protection of all buildings,
structures, pipes, cables, sewers, railways and other apparatus during this
period. The procedure followed will comply with the requirements of section
15 of and schedule 3 to the EARL Act.
4.9.2
Structural Damage Assessments before Construction of Works

Before commencing any piling, foundation excavation, tunnelling or ground
improvement works, the Contractor will prepare a schedule of buildings,
structures and major utilities within the zone of influence of the engineering
work. The schedule will identify those properties which may be at risk from
ground movement (settlement or heave) or vibration arising from the
construction or operation of the railway, based upon the final design and
method of construction for the works.
The Contractor will appoint in the joint names of the Contractor and the
interested party (e.g. the affected property owner), 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 risk of significant damage.
Such surveys will be carried out generally by agreement with the Authorised
Undertaker, the property owner (the interested party) and, in respect of
surveys of all such structures within 8 m of flood defences, by agreement with
SEPA and the Local Authorities responsible for those defences. Surveys will
be carried out in accordance with section 15 and schedule 3 to the EARL Act.
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At least one month prior to commencement of the relevant excavation works,

a copy of each defect survey will be provided to the Authorised Undertaker
and relevant interested parties.
4.9.3
Defects Survey after Construction of Works

After the construction works have been completed and at any time up to two
years after the opening of EARL, the interested party may, upon providing the
Authorised Undertaker or the Contractor with reasonable evidence of damage
(for example, a photograph), request that a second defects survey is
undertaken. This will take the same form as the first survey and will be
undertaken where reasonably practicable by the same firm of Chartered
Surveyors or Engineers at the Contractors expense. In the event that the same
firm of Chartered Surveyors or Engineers is unable to undertake a second
defects survey, this shall be undertaken by a suitably qualified alternative firm
of Chartered Surveyors or Engineers. Any damage that can be shown to have
been caused by the construction of EARL will be repaired within a reasonable
time of identification at the expense of the Contractor to the reasonable
satisfaction of the property owner and such that the property is returned to
the standard of repair and stability existing before construction works on
EARL commenced.
4.9.4
Defects to Unsurveyed Structures

If it is suspected that damage has occurred to a property that was not
identified as a property at risk by the Authorised Undertaker, and thus not
surveyed before construction commenced, the onus will be on the property
owner to demonstrate that the damage was due to the EARL works. The
property owner shall notify the Authorised Undertaker or Contractor, at the
earliest opportunity, of the potential need for an assessment. Such an
assessment should be undertaken by a suitably qualified firm of chartered
surveyors and engineers at the property owners expense unless, in the view
of the Authorised Undertaker or Contractor, there are reasonable grounds to
investigate whether the damage has occurred as a result of the EARL works.
If it is determined by the surveyors /engineers that the EARL works were the
cause of the damage, reasonable survey costs will be reimbursed by the
Contractor in addition to the damage being made good at the Contractors
expense. Damage occurring after the two year period that can be shown to
have been attributable to EARL may be the subject of a compensation claim
(see paragraph 6 of schedule 3 to the EARL Act).
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TRAFFIC AND TRANSPORT
5.1
OVERVIEW
This section presents a Construction Traffic Management Plan (CTMP) which
builds on the findings of the ES and sets out standards and procedures for
managing the environmental impact of traffic associated with the construction
of EARL.
5.2
GENERAL MEASURES TO REDUCE CONSTRUCTION TRAFFIC IMPACTS

The following measures will be implemented to reduce impacts from
construction traffic.
5.2.1
Safety Measures
The Contractor will 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 EARL in accordance with the
recommendations contained in Chapter 11 of the Traffic Signs Regulations
and to the approval of the Local Authorities. Compliance with this section
will not relieve the Contractor of any of its other obligations and liabilities
under the Contract Agreement and under the relevant provisions of
legislation.
The Contractor will not commence any work that affects a public road until all
traffic safety measures necessitated by the work are fully operational.
Road danger lamps will generally comply with BS 3143.
Traffic signs and temporary road works signs will comply with BS 873. Signs
to diagrams 564, 565, 566, 569.1, 610, 754, 755 and 756 of the Traffic Signs
Regulations will be reflectorised with high intensity grade reflective
materials (Class I) with the minimum CIL values shown in Table 1 of BS 873:
Part 1, 1983.
All traffic signals including temporary signals used at road works must be
type approved before they can legally be installed on public roads. Portable
traffic signals must also comply with the current requirements of Regulation
31(2) of the Traffic Signs Regulations, which prescribes the size, colour and
type of traffic signals.
The Contractor will keep clean and legible at all times all traffic signs, road
markings, lamps, barriers and traffic control signals and will position,
reposition, cover or remove them as required by the progress of the works and
to the approval of the Local Authorities.
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5.2.2
Temporary and Permanent Road and Footpath Closures and Diversions

In order to construct EARL, it will be necessary to close or divert certain
specified roads, footpaths and cycleways, either permanently, or temporarily
during the construction period.
Details of the locations of the proposed closures and diversions are shown on
the Parliamentary plans relating to the EARL Bill. The Contractor will consult
the Local Authority and / or the Roads Authority and community councils /
liaison groups with regard to the closure of roads and footpaths and the
posting of notices informing local residents, businesses etc. The neighbour
notification process set out in Section 1.13 and Figure 1.3 will apply and road
closures etc will be included in relevant LCPs where possible.
The Contractor will make arrangements with the Local Authorities for
breaking up, closing or otherwise interfering with any street or footpath to
which the public has access and also private roads or paths, so as to cause as
little interference with the traffic in that street or footpath during construction
of EARL as is reasonably practicable.
Except to the extent specified in this CoCP, otherwise provided by the EARL
Act or as may subsequently be agreed otherwise with the Local Authorities,
the Contractor will keep all public and private roads and footpaths that cross
the Site and all bridges through which they pass open to traffic to adequate, if
not full, widths and heights at all times during the construction period.
Wherever the construction 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 will construct diversion ways except where the
EARL Act provides for those roads or other ways to be permanently stopped
up without provision of a substitute. The standard of construction and
lighting will be suitable in all respects for the class or classes of traffic using
the existing ways, and the widths of the diversions will not be less than that of
the existing way unless otherwise agreed with the Local Authorities and /or
the owner of any private roads.
Diversion ways will be constructed in advance of any interference with the
existing ways and will be maintained to provide adequately for the traffic
flows.
The Contractor will be responsible for supplying, erecting and maintaining for
the requisite periods, all statutory and public information notices. The nature
and location of such notices will also comply with the requirements of the
Local Authorities.
The provisions of this CoCP will apply to any temporary access or
accommodation works which the Contractor may construct for its sole use in
the execution of the construction works. The Local Authorities will be
consulted regarding any temporary access arrangements, particularly from a
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road safety point of view prior to construction of temporary access or

accommodation works. Such details will be included in the LCPs where
appropriate to do so.
5.2.3
Works Affecting Carriageways and Footways

Before commencing works that will involve interference with a carriageway or
footway, the Contractor will consult the Local Authority and / or the Roads
Authority and community councils on:
the proposed commencement date of these works;
the area of the carriageway or footway to be occupied and duration; and
the proposed methods of construction in order to minimise

inconvenience to the public.
All necessary consents and licences will be obtained in advance. In the case of
temporary footways, reasonable access will be provided for people, including
those with disabilities, wheelchairs and pushchairs, in accordance with the
following requirements. In addition, access will be made also for all types of
non-motorised users eg horse riders and cyclists where previous use has been
made by such users. Further information on the use of routes will be available
from the Local Authorities Local Access Officers.
i.
Any temporary footways and carriageways will be constructed to the

reasonable requirements of the Scottish Executive applicable in such
cases and will have uniform surfaces. There will be no steps and any
gradient falls will be preferably 1 in 20 and no greater than 1 in 12. In
the event that steps are unavoidable, an alternative route will be
identified for people with mobility impairments or disabilities.
ii.
Pavement ramps will be provided at all junctions of footways with

carriageways. Gradient falls must not exceed 1 in 12 and the base of the
ramp must be flush with the carriageway.
iii.
All temporary footways and ramps will be surfaced in non-slip

materials to the satisfaction of the Roads Authority.
iv.
Existing footway widths around construction sites will be maintained.
v.
Clear signing will be provided at all times for pedestrian routes with the
minimum number of changes to all temporary layouts in order to reduce
confusion. Advance warning will, if possible, indicate alternative
existing wheelchair-accessible routes.
vi.
If it is necessary to excavate the road outside the LOD/LLAU for the

purposes of accessing, installing, servicing or removing any form of
apparatus, written permission is required under the New Roads and
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Streetworks Act 1991. The signing and guarding of the site is covered
under Chapter 8 of the Traffic Signs Manual.
vii.
Where it is necessary to excavate a road outside the LOD/LLAU for the

purpose of building works, not involving apparatus under the road (eg
water proofing works), the Contractor will obtain a licence.
viii. Headroom clearance over footways will be a minimum of 2.44 m. A

preferred clearance of 2.75 m will be provided if possible. A horizontal
clearance of 0.6 m will be provided from the kerb line, where
practicable, for any hoarding projection under 5.1 m high, to avoid
fouling by vehicles. If any projection is over the carriageway, the
clearance must not be less than 5.1 m.
5.2.4
ix.
All pedestrian routes diverted onto the carriageway will be clearly

defined by continuous barriers, constructed to the reasonable
requirements of the Roads Authority, which will include a build-out and
ramping parallel to the kerb line.
x.
So far as is reasonably practicable, all footways and carriageways will be

kept free from mud and other loose materials arising from the works.
xi.
Lorries entering or leaving the site will only be allowed to traverse

crossovers under the control of a competent banksman.
xii.
After completion of the works, all materials arising from the works will
be cleared from the roads, leaving them in a clean and tidy condition to
the reasonable requirements of the Roads Authority.
Maintenance and Repair of the Road

The Contractor will take every possible precaution to prevent its operations,
whether by carting or otherwise, from damaging the roads and footpaths in
the vicinity of the construction works. The Contractor will be responsible for
any damage caused by their activities to the road in the vicinity of the
worksites.
The Contractor will carry out a pre-construction inspection and take
photographs of the public roads, footways and cycle ways in the vicinity of
the Site in conjunction with the Local Authorities Roads Maintenance Team.
The Contactor will produce a report of the results of the joint inspection. The
report will establish the general road conditions within and in the vicinity of
the Site and the level of reinstatement required. The report will be agreed and
signed by both the Contractor and the relevant Local Authorities.
The Contractor will carry out all such maintenance works as are necessary to
maintain the roads and footpaths in the vicinity of the works in a serviceable
condition to the approval of the Local Authorities. Any defects caused by the
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Contractor will be rectified immediately if dangerous (ie trip or depression of

25 mm or more) or otherwise within 24 hours.
Snow clearance, salting, gritting etc will be carried out on the public roads as
per normal by the Local Authorities during the EARL works.
5.2.5
Access Across Site and to Frontages

The Contractor will not close any road or private accesses until immediately
before the area is required for construction in accordance with the Contract
and the agreed programme of works. The construction of the works will
follow in the area of a temporary closure expeditiously and will be carried out
efficiently and in a continuous manner to ensure that all temporary closures
are re-opened as quickly as possible.
The Contractor will:
i.
where it is reasonably practicable to do so, maintain any existing right of

way across the whole or part of the Site and public and private accesses
to adjoining frontages in a safe condition and to a standard not less than
that pertaining at the commencement of the Contract Agreement.; or
ii.
alternatively, the Contractor will provide acceptable alternative means

of passage or access to the satisfaction of the persons affected.
The Contractor will provide and maintain any guard rails, fences, gates, lights,
bridges, pavings, steps, handrails, etc needed and they will be of such size,
strength and construction as will be adequate for their purpose.
The Contractor will, in carrying out the EARL works, take all reasonable
precautions to prevent or reduce any disturbance or inconvenience to the
owners, tenants or occupiers of adjacent properties, and to the public
generally. The owners, tenants or occupiers of affected properties will be
informed of the works to be undertaken, their planned duration, road and
access closures and alternative access routes (where required) in writing and
by locally posted public notices prior to work starting (as per Section 2).
The Contractor will render all necessary assistance to occupiers of premises
affected by the EARL works to enable them to get materials or goods into or
out of their premises during the Contractors normal working hours.
In carrying out the work immediately adjacent to occupied premises outside
the Site, the Contractor will proceed with minimum inconvenience and
disturbance to occupiers and users. Access to and from such premises will be
maintained at all times, other than in exceptional circumstances.
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5.2.6
Avoidance of Nuisance
Mud on Roads
The Contractor is required to take strict measures to minimise what is
considered to be one of the main environmental nuisance problems arising
from construction sites. These will include, but will not necessarily be limited
to, the following.
i.
The provision of easily cleaned hardstandings for vehicles entering,

parking and leaving the site. This also serves to minimise dust nuisance
(see Section 5.2.6).
ii.
The provision of wheel washing and lorry jet washing facilities on all
exit routes of construction sites including, where practicable, mechanical
wheel spinners.
iii.
The use of an approved mechanical road sweeper to clean the site of

hardstanding and any mud or debris deposited by the site vehicles on
roads or footpaths in the vicinity of the site. The road sweeper is to be
readily available whenever the need for cleaning arises and will be
properly used and maintained.
iv.
The adequate sheeting of each lorry load of spoil removed, to prevent

spoil falling off during its journey.
v.
Measures will be taken to ensure that mud and detritus is not swept into
gullies.
The Contractor will also comply with the requirements regarding dust
outlined below.
Dust
The Contractor must take all necessary measures to avoid creating a dust
nuisance and must submit a statement to the Authorised Undertaker that
identifies proposed measures before work starts. Measures to prevent dust
must include the following practices in addition to those set out in Section 7.1.
The Contractor must:
provide easily cleaned hardstanding areas for vehicles;
keep the hard surfacing of heavily used areas clean by regular brushing
and water spraying;
completely sheet the sides of all vehicles carrying spoil and other dusty
or loose materials;
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regularly damp down and clean unsurfaced haul routes and verges
where these are located close to sensitive locations; and
establish and enforce appropriate speed limits over all unmade surfaces.
Fly-tipping
Fly-tipping will not be permitted. Loads must only be deposited at licensed
tips or to designated sites (collectively referred to as the approved sites).
Deposition will be in accordance with the requirements of SEPA under section
34 of the Environmental Protection Act 1990 making the duty of care in
relation to waste disposal a statutory duty. In this context, the Contractor will
follow the guidelines contained within the statutory guidance, Waste
Management, The Duty of Care, A Code of Practice, 1996.
To demonstrate the correct depositing of excavated material and to prevent
the occurrence of fly-tipping, a ticket system will be operated at all sites. The
Contractor will provide to Local Authorities satisfaction, a sequentially
numbered ticket system for each of its worksites to confirm that each lorry
load of spoil is deposited at an approved site. The Authorised Undertaker
will audit lorry activities at the approved sites, and between the site and the
approved sites.
Responsibility for Enforcement
The Contractor will be responsible for all the lorries delivering to, or exiting
from, a worksite.
5.2.7
Vehicle Emissions
Compliance to Standards
Vehicle emissions are regulated through the Road Vehicles (Construction and
Use) Regulations 1986 (as amended), and the Motor Vehicles (Type Approval)
(Great Britain) Regulations 1984 made under the Road Traffic Act 1988.
Further amendments (in 1990, 1992, 1993, 1997 and 2000) 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:
switch off their vehicles engine when stationary to prevent exhaust

emissions (and noise). An authorised person may request a driver to
switch off their engine if they believe a stationary idling offence (under
Regulation 98 of the Road Vehicles (Construction and Use) Regulations
1986 (SI 1986/1806) is being committed. Failure to comply is an offence;
and
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keep their engines in tune and their catalysts working efficiently.
In practice, emissions are controlled through the MOT. All vehicles used by
Contractors must comply with MOT emission standards at all times. Vehicle
owners can be prosecuted if their vehicle emits substances in excess of the
standards. The Vehicle Excise Duty (Reduced Pollution) Regulations 1998
enable HGVs meeting certain particulate emission standards to qualify for a
Reduced Pollution Certificate.
5.2.8
Site Access and Lorry Movements

Site Access
Lorries will enter and exit the site in a forward direction except in special
cases where space restriction does not permit this. In such cases, the
Contractor will appoint a competent banksman to provide assistance. The
locations of some specific access points are identified on the Parliamentary
plans. Other access points require the Roads Authority's reasonable approval.
All access from the site onto the road will be of sufficient width to
accommodate two-way traffic wherever practicable.
Traffic signs in accordance with the Traffic Signs Regulations and General
Directions 1994 will be provided for each access as follows.
i.
As advance warning of the approach the signs will be as diagram 506.1,

12200 mm high with an additional plate as diagram 579.
ii.
For control of traffic leaving the Site, Give Way signs as diagram 602,
120 mm high, and road markings as diagrams 1003 and 1023. A variant
of diagram 565.2 station Works Traffic Only shall be mounted on the
reverse side of the Give Way sign assemblies.
Signage and lights at exit points will be agreed with the Roads Authority. The
precise location of each sign shall be determined by the Contractor to the
reasonable satisfaction of the Roads Authority.
Lorry Movements
The Contractor and its suppliers who may move large and/or heavy loads,
construction plant, materials and spoil (including vehicles used for carrying
such when running empty) will limit the use of public roads as far as is
reasonably practicable.
Routes will be agreed with the Local Authorities in advance. HGVs
transporting waste from Site will do so between 1000 and 1530 hours unless
otherwise agreed with the Local Authorities. Other HGVs accessing or
egressing the Site will do so in accordance with the normal site working hours
outlined above (0800 to 1800 hours) unless otherwise agreed with the Local
Authorities or unless required by unforeseen events. The neighbour
notification process set out in Section 1.13 and in Figure 1.3 will be followed in
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order to communicate abnormal HGV movements. Where practicable such

requirements will be set out in relevant LCPs.
The Contractor will take all reasonable measures to ensure that delivery
vehicles do not park on the roads prior to entering the Site.
The Contractor when entering into any sub-contract for the execution of any
part of the construction works or the supply or transport of heavy loads,
construction plant, materials or spoil will incorporate in any such sub-contract
provisions requiring the sub-contractor or supplier to comply with the
requirements of this CoCP.
5.2.9
Parking
Areas/locations of parking provision for site and construction traffic will be
agreed with the Local Authorities prior to the commencement of works.
No daytime or overnight parking of site or construction vehicles outside any
construction compounds or work sites will be allowed except where the
delivery or removal of materials is taking place at that location and with prior
agreement with the Local Authorities.
Lorries waiting to enter or leave the site will switch off their engines to avoid
unnecessary engine noise and emissions.
5.2.10
Existing Street Furniture

No street furniture or other features within the vicinity of the Site and
construction works, but outside the area covered by the EARL Act, will be
unnecessarily disturbed or altered by the works. Any damage to street
furniture as a consequence of construction activities connected with EARL will
be reported to the Authorised Undertaker and the appropriate owner or
authority (unless the appropriate owner cannot be identified) immediately on
discovery of the damage. Any damage will be replaced or made good as soon
as practicably possible and to the reasonable satisfaction of the owner of the
street furniture or other feature.
Suitable measures will be implemented by the Contractor to protect trees as
specified in Section 10. 4.
Any street furniture or other obstructions outside site but which are required
to be moved in order to gain access to the Site will be removed and
reinstated/replaced as appropriate, on completion of the works, subject to the
prior consent of the owner and/or the Local Authority. Any costs associated
therewith will be borne by the Contractor, including the costs of reinstatement
or replacement.
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5.3
TRAFFIC MITIGATION MEASURES

The Contractor will discuss and agree with the Local Authorities a number of
specific traffic mitigation measures before the works commence. These
measures will be implemented as a matter of best practice to ameliorate the
effects of construction activities. These measures are described below.
5.3.1
Time Restriction
Time restrictions will be imposed for HGV movements transporting spoil
from site to prevent exacerbation of peak traffic levels. HGV movements for
this activity will be conducted outwith the peak traffic times, ie between 1000
hours and 1530 hours daily Monday to Friday. In the event of a backlog of
waste removal, night time movements will be considered in consultation and
with the agreement of the Scottish Executive and the Local Authorities, after
consultation with the community councils / liaison groups.
5.3.2
Construction Personnel Traffic

The maximum number of construction workers on-site at any one time has
been dictated by the construction programme and the most labour intensive
activities. Up to a total of 350 staff will be employed on-site during peak
construction.
The Authorised Undertaker is proposing that a minimum of 25% of staff are
transported to the site via minibuses. The Contractor will endeavour to
provide such transport arrangements. Other staff are anticipated to travel in
private cars with a typical average occupancy of 1.3 per car.
5.4
MARKING OF LORRIES
The Contractor will provide lorry stickers uniquely identifying the
construction site. For identification purposes the Contractor will fix these in a
prominent position on all lorries frequently serving the construction site. The
identification will need to be sufficiently large to be easily read from a
distance of 20 m.
5.5
HOTLINE NUMBER
As set out in Section 2.4 the Contractor will provide and maintain a
Complaints Hotline to deal with any complaints received in connection with
the construction of EARL.
5.6
ACCESS ROUTES
The number of lorry movements, hours of operation and any lorry holding
areas will be agreed in advance with the Local Authorities, the Roads
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Authority and the Police. The Contractor will prepare plans for each site
showing the site entrances/exits and the agreed access roads for use to the
nearest main road, and the routes to be used by lorries to and from the
strategic road network.
An up to date log of all drivers will be maintained by the Contractor, to
include a written undertaking from them to adhere to the Roads Authoritys
approved routes for construction traffic. In the case of non-compliance, the
Contractor and/or their sub-contractor(s) would be in breach of contract,
necessitating disciplinary action against individual drivers.
The Contractor will apply to the Roads Authority for approval for all
temporary road signs on the public road that indicate routes to the site, in
accordance with the New Roads and Street Works Act 1991. The application
for approval must be submitted at least six weeks in advance of the
requirement for signage.
5.7
MONITORING
As part of the ongoing process for ensuring that impacts due to construction,
including construction traffic, are minimised, a number of public information
channels will be set up as set out in Section 2.
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NOISE AND VIBRATION
6.1
NOISE CONTROL
The Contractor will have a general duty to take all practicable measures to
minimise nuisance from noise.
The noise limits specified in this section, or which may be agreed with the
Local Authorities, will not be regarded as a licence to make noise up to the
allowable limit.
Subject to the specific requirements of the Local Authorities, the following
minimum requirements will be met. The following noise levels are derived
from the Department of Environment Advisory Leaflet 72. Reference should
be made to the Environmental Statement for further details.
The Environmental Compliance Officer will also be consulted where activities
are planned that may have an impact on sensitive ecological receptors.
i.
During normal working hours, as defined in Section 3, the maximum

noise levels measured 1 m from any occupied dwelling or other building
used for residential purposes, generated by construction plant and
equipment will not exceed the following limit:
Period:
Monday to Saturday (inc.)
ii.
Hours:
0800-1800
Limit:
LAeq 10 hours 70 dB
Outside normal working hours, the following limits will apply:

Period:
Monday to Saturday (inc.)
Sunday & Bank Holidays
Hours:
1800-2200
0800-2200
Limit:
LAeq 4 hours 60 dB
LAeq 14 hours 60 dB
The default noise limit for any night-time (2200 to 0800 hours)
construction work will be LAeq 1 hour 55 dB at residential buildings.
Higher noise levels may be permitted where ambient noise levels are
higher; such levels will be cleared with the Local Authority.
iii.
The maximum noise levels measured 1 m from any school, college or

other teaching facility resulting from construction work will not exceed
the following limits:
Period:
At any time when occupied
iv.
Hours:
-
Limit:
LAeq 1 hour 65 dB
The maximum noise level measured 1 m from any office building or

other building used for office purposes during normal working hours
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will be as defined as specified in Section 6.1 (i) of this CoCP. This will
not apply to businesses where noisy activities (such as operating
machinery) are taking place, although will apply to a portion of the
building where quiet work is required (such as office based work,
design etc).
In order to ensure that the best practicable means are used to meet the levels
set out above, a programme of on-site monitoring by a suitably qualified
practitioner will be agreed between the Contractor, the Authorised
Undertaker and the Local Authorities. This monitoring programme will
include the location and frequency of readings. The results will be made
publicly available through the Local Authorities, via the website and in the
information centre (see Section 2). Monitoring will be undertaken at the
locations identified in the Environmental Statement as those where mitigation
measures may be necessary to avoid significant noise disturbance. In
addition, a complaints procedure will be in place (see Section 2.4), which will
inform the need for monitoring at other locations. In the event of a complaint,
the Contractor will investigate the cause and apply specific mitigation
measures as necessary.
In exceptional circumstances essential work causing noise above the limits set
out above may be required. In such cases, the Authorised Undertaker will
consult with the Local Authority prior to undertaking such works. Occupants
of noise sensitive properties will be notified in advance of the intention to
commence such consultation; notification will take place at least two weeks
prior to the commencement of the consultation with the Local Authority as
per the neighbour notification process set out in Section 1.13 and in Figure 1.3.
Proposals to cause noise above the limits set out above must be fully justified
and kept to an absolute minimum.
The Contractor will take into account any consultation responses received
from the neighbours and will have regard to any reasonable requests by the
Local Authority. Such requests could include specific measures at the
receptors such as noise screens, noise insulation or temporary re-housing.
The need to exceed the noise levels will be anticipated by the Contractor
wherever possible and mitigation details will be included in the LCPs.
In the event that noise predictions or measurements indicate that noise will
exceed or has exceeded the noise limits as set out in Section 6.1 of this CoCP,
the Contractor will take all reasonably practicable mitigation measures to
reduce the noise impact and / or prevent recurrence eg change the method of
working, use mobile noise barriers etc. If this does not enable the noise limits
to be met, works will stop and clearance will be requested from the Local
Authority as described above.
Without prejudice to the other requirements of this section, the Contractor will
comply with the following mitigation measures.
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i.
ii.
Piling and other potentially high noise generating activities will be

restricted where reasonably practical to daytime only (0800 -1800 hours)
and construction activities will be scheduled to minimise noise.
Plant will be used in an appropriate manner to minimise noise emissions
including regular maintenance of the plant.
iii.
Inherently quiet plant will be used where appropriate.
iv.
Noisy plant will be located as far as possible from sensitive receptors.
v.
Construction Contractors will adhere to the codes of practice for

construction working and piling set out in BS 5228 Noise Control on
Construction and Open Sites insofar as such working practices are
reasonably practicable and applicable to the construction works.
vi.
The works will be scheduled such that the maximum benefit is obtained
from any noise screening measures.
Construction compounds will be mainly be used for storage and movement of

materials and lorry access to work areas. It is likely that equipment such as
HGVs, cranes and forklift trucks will be used at these sites and will generate
noise on an intermittent basis. In general the plant will not be located at the
edge of the site closest to noise sensitive receptors.
A wide range of mitigation measures will be employed at the construction
compounds including the following measures:
i.
ii.
iii.
iv.
v.
vi.
vii.
locate equipment as far from noise sensitive receptors as possible;

locate site offices so that they acoustically screen noisy activities;
keep night-time work to a minimum;
move materials required for night-time working as close as possible to
the work area for which they are required during daytime;
provide screening of lorry haul routes;
screen or enclose particularly noisy activities; and
use earth bunds (made of excavated materials) as noise barriers at main
site compounds (where practicable to do so).
In exceptional cases, where best practicable means cannot provide sufficient

mitigation for residents from construction noise (eg some night-time
workings), the temporary relocation of affected residents (to suitable
alternative accommodation taking into account those residents personal
circumstances) will be considered in consultation with the affected person(s)
and the relevant Local Authority. All reasonably practicable measures for
mitigating noise will be considered before contemplating relocating residents
into temporary accommodation.
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6.2
VIBRATION CONTROL
Subject to the specific requirements of the Local Authorities, the following
minimum requirements will be met.
i.
To protect residents and users of buildings from nuisance and harm the
Contractor will, as far as practicable, not exceed Vibration Dose Values
as specified in BS 6472:1992 which will result in a low probability of
adverse comment, defined as 0.4 m/s1.75 (0700 2300), and 0.13 m/s1.75
(2300 - 0700).
ii.
To protect buildings from physical damage, peak particle velocity levels

should not exceed 5 mm/s except for particularly sensitive buildings
where the level should not exceed 3 mm/s. Those buildings which are
to be considered as sensitive will be agreed with the Local Authorities.
If vibration levels are predicted to exceed the criteria specified then
vibration monitoring will be undertaken by a suitably qualified
practitioner during the activity and the Contractor will adopt alternative
methods of working to reduce vibration levels as necessary. The
monitoring programme will be agreed between the Contractor, the
owner, the Authorised Undertaker and Local Authorities. This
programme will include the location and frequency of readings and will
identify to whom the results should be made available.
In order to ensure that these levels are not exceeded a programme of on-site
monitoring by a suitably qualified practitioner will be agreed between the
Contractor, the Authorised Undertaker and the Local Authorities. This
programme will include the location and frequency of readings. The results
will be made publicly available.
In the event of a complaint, the Contractor will investigate the cause and
apply mitigation measures as necessary (eg change the method of working) as
outlined in Section 2.
6.2.1
Inspection of Buildings and Other Structures

Defects surveys after construction works are addressed in Section 4.9.4.
All buildings and other structures, including scheduled ancient monuments
and listed buildings, within or adjacent to any working area which may be at
risk of physical damage from vibration will be identified by the Contractor
and discussed with the Local Authorities and Historic Scotland if appropriate.
A record of the conditions and survey of any defects will be prepared by the
Contractor prior to commencement of construction.
The results of this record of the conditions and survey of any defects will be
provided to the Local Authorities, the property owner and occupier and in the
case of scheduled features, to Historic Scotland.
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After the construction works have been completed and at any time up to two
years after the opening of EARL the owners of properties identified under the
provisions of Section 6.2 of this CoCP may, request that a second defects
survey is undertaken on the same basis and with the same results as set out in
Section 4.9.4 of this CoCP.
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DUST AND AIR POLLUTION
7.1
DUST AND OTHER AIR POLLUTION

The Contractor will take all necessary measures to avoid creating a dust
nuisance during both construction and demolition works.
Measures to prevent dust will include the following practices.
i.
The provision of easily-cleaned hardstandings for vehicles.
ii.
The enclosure of material stockpiles at all times and damping down of

dusty materials using water sprays during dry weather.
iii.
Drilling and excavation surfaces to be wetted, where appropriate.
iv.
Debris piles to be kept watered or sheeted as necessary.
v.
The hard surfacing of heavily-used areas which will be kept clean by

brushing and water spraying regularly.
vi.
Control of cutting or grinding of materials on site.
vii.
The complete sheeting of the sides and top of all vehicles carrying spoil
and other dusty materials.
viii. Watering of unpaved surfaces and roads.

ix.
Limit vehicle speeds on unpaved surfaces to 20 kph.
x.
Wheel washing of vehicles leaving the construction site to minimise the

re-suspension of dust due to construction traffic.
The Contractor will monitor the level of dust pollution using an objective
method of measurement. Baseline levels of dust will be established prior to
commencement of construction. The Contractor will also agree action levels
of dust pollution with the Local Authorities. In the event that these levels are
exceeded, the Contractor will take action to ensure that the levels of dust are
reduced.
Where dust generating works (eg excavation, demolition) are undertaken close
to buildings such that there is soiling of windows and ledges with dust the
Contractors will clean those windows and ledges as necessary and at least
weekly - during periods of dust generating work and on completion of works.
The Contractor will take precautions to prevent the emission of smoke or
fumes from construction vehicles, site plant and stored materials including
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volatile substances. Vehicles and plant will be well maintained and measures
will be taken to ensure that engines and motors are not left running for long
periods when not in use.
The engines of all parked vehicles or vehicles waiting to enter any work area
will be switched off within two minutes of arrival.
Work compounds will be laid out so that accesses and loading areas are
located as far away from sensitive neighbours as practicably possible and so
that temporary structures screen noisy areas where practicable.
There will be no burning of waste on site.
The Contractor will comply with the provisions of the Environment Act 1995,
the Clean Air Act 1993 and the Health and Safety at Work Etc. Act 1974.
The Contractor will comply with the Control of Substances Hazardous to
Health Regulations (COSHH) 1999. The Contractor will comply with Health
and Safety Executive (HSE) Guidance Notes EH 40/90 and EH 40/97 on
Occupational Exposure Limits.
The Contractor will take precautions to prevent the occurrence of smoke
emissions or fumes from site plant or stored fuel oils. Plant will be well
maintained and measures will be taken to ensure that it is not left running for
long periods when not in use.
The Contractor will ensure that bitumen is not overheated, pots and tanks
containing bitumen will be covered, spillages will be minimised and where
possible, bitumen will not be heated with open flame burners.
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DISPOSAL OF WASTE AND CONTAMINATED MATERIALS
8.1
POLLUTION EMERGENCY RESPONSE PLAN

A draft Pollution Emergency Response Plan (PERP) has been produced by the
Authorised Undertaker (issued on the 31 August 2006). The PERP has been
developed to be applied in the event that a spill does occur and will be
updated throughout the development of the project in consultation with
relevant bodies (including SEPA, SNH, Local Authorities and the emergency
services). Site-specific Pollution Prevention and Emergency Response Plans
(PPERPs) will also be developed during the detailed design phase of the
scheme by the Contractor. These plans will ensure that, if a spill occurs, it will
be contained and treated efficiently and effectively to minimise potential
impacts to watercourses in the vicinity of the proposed works. The measures
set out in the Authorised Undertakers PERP will be included in the EMP and
will be enforceable through section 46 of the EARL Act.
The Environmental Compliance Officer will be notified of any pollution event
that occurs during construction. Other bodies, including SNH and SEPA, will
be notified / consulted as set out in the PERP and PPERP.
8.2
WASTE
The Contractor will develop a Waste Management Plan in accordance with
Site Waste Management Plans: Guidance for Contractors and Clients (DTI
2004) and in consultation with SEPA and the Local Authorities. The plan will
accord with the principles set out in Scotlands National Waste Plan, 2003 and
will identify:
responsibilities for waste management;

the waste category and quantities of materials generated;
measures to minimise waste generation;
opportunities for recycling and/or re-use;
proposed treatment and disposal routes; and
licensing requirements.
The plan will include an audit programme to be undertaken by the Contractor

to demonstrate compliance with statutory requirements.
Spoil arising from the works which is classed as acceptable fill will wherever
practicable be used in construction works.
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 material and reduce any adverse
environmental effects of disposal.
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Possible licensed disposal sites have been identified during the preparation of
the Environmental Statement.
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 the measures set out in Sections 9.1 and 9.5
regarding discharges to controlled waters and wastewater.
The Contractor must make provision for a suitable environmental specialist to
identify any special waste as defined in the Special Waste (Scotland)
Regulations 1996 so that they can be suitably managed and disposed of during
works. The Contractor must ensure that all necessary parties retain Duty of
Care transfer notes or special waste consignment notes as appropriate.
8.3
CONTAMINATED LAND AND MATERIALS

The Contractor will identify all areas within the Site where contaminated land
may be encountered. In each of these areas the Contractor will:
i.
carry out appropriate site investigations as per Planning Advice Note 33:
Development of contaminated land, Scottish Executive, to the
satisfaction of the Authorised Undertaker and the Local Authorities to
determine the extent and type of contaminants present on the site;
ii.
identify potential sources, pathways and receptors and assess the risk of
harm to receptors;
iii.
liaise with the Local Authorities and SEPA to address their reasonable
requirements and agree control or protection measures necessary for
dealing with identified risks;
iv.
obtain any necessary licences for the storage, treatment and disposal of
contaminated material (including dewatering discharge); and
v.
ensure that removal and disposal of contaminated materials complies

with a strict consignment note system and that delivery is to
appropriately licensed disposal facilities.
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 (COSHH) Regulations and through the Construction
Design and Management (CDM) Regulations 1994.
If contamination that has not been previously identified is encountered on site,
no further development will take place (except to the extent that would not
disturb that contamination) until a site investigation is carried.
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Where piling is undertaken in areas of land contamination the appropriate

guidance will be adhered to by the Contractor (1).
If remedial action is undertaken the Contractor will ensure that the works are
carried out under the appropriate remediation licensing.
As previously stated (Section 8.1), a draft PERP has been produced by the
Authorised Undertaker (31st August 2006). An appropriate protocol will be
developed within this document and within site-specific PPERPs. These
measures (within the PERP) will be included in the Authorised Undertakers
EMP and will be enforceable through section 46 of the EARL Act.
The Contractor will comply with the guidance in HSE Protection of Workers
and the General Public during the Development of Contaminated Land 1991
and to the DEFRA Helping to Prevent the Spread of Invasive Non-native
Species Horticultural Code of Practice March 2005 in so far as this is
applicable to the construction works.
Appropriate precautions must be taken if materials containing asbestos are
encountered. The Contractor will observe the exposure limits and
measurement methods for asbestos, set out in HSE Guidance Note EH 10 1988
and will 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 in so far as these are
applicable to the construction works. The Contractor will ensure that any
disposal of asbestos containing materials in undertaken in accordance with the
Special Waste Regulations (Scotland) 1996.
(1) Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution
Prevention, National Groundwater and Contaminated Land Centre Report NC/99/77.
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PROTECTION OF THE WATER ENVIRONMENT
9.1
WASTE WATER AND GROUNDWATER

Provisions for construction site drainage along the EARL route will be
achieved via the development and implementation of an appropriate
Construction Site Drainage Plan. This plan will be developed in consultation
with SEPA and 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. The plan will take full account of regulatory
requirements and relevant guidance such as the Pollution Prevention
Guidelines (PPGs). This will include notifying SEPA in advance of all works
to allow pollution prevention and emergency procedures to be agreed.
All wastewater and site discharges will only be permitted where the effluent
quality and discharge location is acceptable to the SEPA / SNH / Scottish
Water (as appropriate). Effluent will pass through treatment facilities such as
sediment traps and/or settlement lagoons, as appropriate, before being
discharged. 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 excavation below the water table, including site de-watering, the
Contractor will inform SEPA of the works to be conducted and where
practicable SEPAs comments will be incorporated into the working methods.
If required, applications for prior approval / consent will be made and
consent secured before works commence. De-watering and disposal measures
will be agreed with SEPA.
The Contractor will comply with BS 6031:1981 Code of Practice for
Earthworks and all relevant PPGs regarding the general control of site
drainage.
The Contractor will ensure that areas of exposed ground and stockpiles are
minimised to reduce silty runoff. Geo-textiles or planting methods 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 Scottish Water and SEPA).
The Contractor will mitigate for the deposition of iron oxide should
groundwater from the bedrock be exposed to the atmosphere and lead to iron
oxidation.
The Contractor will ensure that any water that has come into contact with
contaminated materials is disposed of in accordance with relevant regulations,
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guidance and to the satisfaction of SEPA and Scottish Water or the Local
Authorities (as appropriate).
developed within this document and within site-specific PPERPs. These
measures (within the PERP) will be included in the Authorised Undertakers
9.2
STORAGE OF POLLUTING MATERIALS

The Contractor will 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, PPGs, 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 materials will be positioned away from
watercourses and agreed with SEPA. 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 into a public sewer in consultation with the
relevant water companies.
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.
developed within this document and within site-specific PPERPs.
9.3
PROTECTION OF AQUIFERS
The Contractor will have due regard to underlying aquifers and adhere to the
SEPA Groundwater Protection Policy and the Controlled Activities (Scotland)
Regulations 2005 (CARs). In all instances, appropriate protection of aquifers
will be undertaken, following liaison with SEPA, regarding the piling and
construction techniques to be employed. Details of appropriate measures to
prevent groundwater contamination and the consents required under CARs
will be agreed with SEPA, in writing, prior to commencement of the relevant
works.
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9.4
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. All foul
water will be disposed of off-site by a licensed Contractor.
9.5
AGRICULTURAL AND HISTORICAL DRAINS

Prior to construction, the Contractor will agree a process with SEPA and the
Local Authorities for identifying current and historical agricultural drains that
will be affected by construction both on the site, and leading into or out of the
site. It is, however, acknowledged that no identification techniques are 100%
reliable with regard to current and historical agricultural field drainage.
Consultation with affected landowners will therefore be conducted prior to,
and during, construction to ensure that all field drains are properly reinstated
before works are concluded.
Measures and commitments concerning the process to be followed and actions
to be taken will be agreed by the Contractor within a detailed drainage
management strategy (DMS). This DMS will be agreed in consultation with
affected landowners, SEPA and the Local Authorities.
9.6
WORKS IN THE VICINITY OF WATER

All works will be conducted in accordance with SEPA guidance and relevant
consent conditions (if required).
The Contractor will take suitable precautions to prevent the entry of
pollutants including sediments and dust into any bodies of water and report
any incidents to SEPA.
Crossings of watercourses will be designed and constructed so as not to
impede the flow, obstruct the movement of floodwater or exacerbate erosion
of the channel and banks.
In watercourses that support migratory fish, works will be avoided during
upstream and downstream fish migration, spawning, incubation and hatching
periods.
Where bankside habitat is temporarily affected, it will be reinstated in
agreement with SNH and SEPA where appropriate.
Areas of bankside adjacent to construction areas will be fenced off during
construction to prevent damage to the banksides.
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Stripping of surface vegetation near water will be kept to a minimum.

Exposed surfaces will be seeded or reinstated with vegetation as soon as is
practical after construction in that Working Area is complete.
Where culverting is required, it will be designed and constructed to permit the
passage of fish and other aquatic fauna under normal flow conditions.
The Contractor will comply with the mitigation details set out in the
Landscape and Habitat Management Plan (LHMP) which includes, for
example, areas along the River Almond and the Gogar Burn. (See Section 12
for further details). The details of both these documents (the PERP and the
LHMP) will be included in the EMP and will be enforceable through section
46 of the EARL Act.
9.7
THE WATER FRAMEWORK DIRECTIVE, WATER ENVIRONMENT AND WATER

SERVICES (SCOTLAND) ACT 2003 AND THE WATER ENVIRONMENT (CONTROLLED
ACTIVITIES) (SCOTLAND) REGULATIONS 2005
The Contractor will be aware of the new consents system and associated
requirements introduced under the Water Environment (Controlled Activities)
(Scotland) Regulations 2005 (CARs). Many activities associated with the
construction of EARL will require consents from SEPA under CARs, which
may be issued separately or in the form of a composite licence. The
Contractor will fully comply with the CARs for the construction of EARL,
including securing the consents required, and planning for the associated
consent timescales and costs.
9.8
POLLUTION EVENTS
The Environmental Compliance Officer will be notified of all pollution events
that occur during construction within 24 hours of the event occurring. Other
bodies, including SNH and SEPA, will be notified / consulted as set out in the
PERP and PPERP.
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10
ECOLOGY
10.1
ENVIRONMENTAL COMPLIANCE OFFICER

An Environmental Compliance Officer will be appointed by the Local
Authorities, as set out in section 46 of the EARL Act. The Environmental
Compliance Officers principal duties will be to check and monitor the EARL
construction works to ensure compliance with the EARL Act and the
associated committed environmental mitigation (including this CoCP).
The Environmental Compliance Officer will check and approve plans and
documentation prior to wider consultation with SNH, SEPA, Historic
Scotland, the Local Authorities etc.
10.2
ENCROACHMENT INTO WILDLIFE AREAS

The Contractor will comply with the provisions of the Wildlife and
Countryside Act 1981, as amended, and other relevant nature conservation
legislation and relevant policy and guidance. The Contractor will:
take all reasonably practicable measures to minimise harm to and

disturbance of wildlife caused by noise and vibration, dust and other air
pollution;
minimise habitat loss by keeping the working corridor and extent of

working areas to the minimum necessary for the works. Removal of
habitats and new planting will be undertaken as appropriate in
consultation with SNH and the Local Authorities;
fence off adjacent habitat to prevent unnecessary incursion or damage.

Staff will be made aware of the need to avoid damage to adjacent
retained areas;
ensure that areas of habitat disturbed during construction in areas not

required for permanent works will be reinstated or replaced on
completion of the works; and
soil stripping, storage and placing will comply with the guidelines set
out in British Standard (BS 6031 Code of Practice for Earthworks).
Approval will be obtained from the Authorised Undertaker, SNH, SEPA, the
Scottish Executive Environment and Rural Affairs Division (SEERAD) and the
Local Authorities for detailed method statements for any works proposed in
designated sites, including Special Protection Areas (SPA)/Ramsar sites, Sites
of Special Scientific Interest (SSSI), Sites of Interest for Nature Conservation
(SINC) and Wildlife Sites.
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Applications for approval will be made at least one calendar month prior to
relevant works commencing.
10.3
PROTECTED SPECIES
No more than 6 months in advance of any works, the Contractor will employ
suitably qualified professionals to carry out surveys of all working areas and
land up to 100 m from the boundary of the working area (and up to 500 m
from the boundary of the working area with respect to ponds see Section
10.2.4) to check for the presence of protected species (as defined by statute). It
should be noted that such check surveys may extend beyond the EARL Bill
limits and thus will require access to be agreed. If there is a time lag of more
than 6 months between the check surveys and the commencement of
construction further check surveys will be undertaken. Where protected
species are identified, appropriate mitigation measures will be agreed in
advance with the relevant authorities and in accordance with any
requirements for licensing, and these measures will be implemented.
10.3.1
Protected Species Licensing

The Contractor will be fully responsible for obtaining any required protected
species licences from the relevant authority. All licences will be secured
before those works (ie the works the licence application is seeking approval
for) commence on site; and all licence conditions will be fully adhered to.
A set of engineering plans and working drawings will be annotated to show
the areas affected by the presence of protected species; these plans will be
available on site. This set of drawings will contain a confidential Annex
showing the exact location of the protected species, the Annex will be made
available to the designers as required.
The Environmental Compliance Officer will check and confirm these
drawings prior to works commencing on site.
All Contractor personnel must be fully briefed by a suitably qualified
professional on the measures that must be followed in respect of protected
species as part of the site induction.
Copies of protected species licences will be issued to all Contractor staff
working in the area covered by the licence and briefings will be given from a
suitably qualified professional on any licence conditions and the implications
of non-compliance (including potential criminal prosecution).
Compliance with this CoCP is enforceable through section 46 of the EARL Act.
Section 1.14 discusses enforcement in further detail.
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10.3.2
Protection of Breeding Birds

Habitat removal will take place outside the breeding bird season (Mid-March
to end of June) wherever possible. Where this is not possible, advice on
mitigation will be sought from a qualified professional, and such advice will
be followed. Where any habitat has to be cleared in the bird breeding season
the habitat must be checked prior to removal for the presence of nesting wild
birds, their nests, eggs or young. If nesting birds are found, they must not be
disturbed until they have left the nest or unless other suitable mitigation is
agreed in advance with SNH.
10.3.3
Protection of Badgers
The Contractor will be responsible for obtaining a licence from SNH for any
work that SNH consider may cause disturbance to a badger or involves the
damage or destruction of a sett. Licence applications will be made for hand
digging within 10 m, heavy machinery operating within 30 m, and piling or
use of explosives within 100 m, and no works will proceed until the required
licences are obtained. Licences are not generally issued within the months
December to June inclusive. The conditions of any licences will be fully
adhered to.
The mitigation set out in the Badger Mitigation Plan will be adhered to. A
draft Badger Mitigation Plan has been produced by the Authorised
Undertaker and was issued on 31 August 2006; this is a live document that
will be finalised as the detailed design progresses. The details in the finalised
Plan will be subject to agreement with SNH and the Edinburgh and Lothian
Badger Group. The mitigation details in the Plan will be included in the
Authorised Undertakers EMP and will be enforceable through section 46 to
the EARL Act.
10.3.4
Protection of Otters
The Contractor will be responsible for obtaining a licence from the Scottish
Executive Environment and Rural Affairs Division (SEERAD) for any work
which may cause disturbance to otters (a European Protected Species) or
involve damage or destruction to an otter holt or lying up site. Prior to the
receipt of the licence it is recommended that a 30 m exclusion zone is
established around all otter holts; however if any otter holts are surveyed and
found to be active with pregnant females or newly born cubs, the exclusion
zone may be required to be extended further beyond 30 m. This will be
marked out by an otter specialist. Stake and orange plastic mesh fencing is
recommended. All Contractors will be made aware of the exclusion zone and
under no circumstances should entry be made into the exclusion zone.
The mitigation set out in the Otter Mitigation Plan will be adhered to. A draft
Otter Mitigation Plan has been produced by the Authorised Undertaker and
was issued on 17 November 2006; this is a live document that will be
finalised as the detailed design progresses. The details in the finalised Plan
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will be subject to agreement with SNH and SEERAD. Details of the Plan will
be included in the Authorised Undertakers EMP and will be enforceable
through section 46 to the EARL Act.
All mitigation measures for protected species will be installed as early as
possible during the construction process so that use can be established at an
early stage. Such mitigation will be implemented following the appointment
of the Contractor.
In addition, the Contractor will adhere to the details within the European
Protected Species Licence Application Protocol which has been produced by
the Authorised Undertaker. This was issued as a draft on 31 August 2006 and
is pending agreement with SNH and SEERAD. The conditions of any licences
will be fully adhered to.
10.3.5
Protection of Bats
All bridges, other built structures and mature and dead trees within the
working area will be checked by a licensed bat handler for their use by
roosting or hibernating bats prior to construction. If evidence of bat use is
found, mitigation measures will be agreed with SNH and SEERAD and
implemented. If avoidance is not possible, a development licence will be
applied for from SEERAD for disturbance to a European Protected Species.
Alternative roost sites will be provided in advance of any loss.
of the Contractor.
If licences are required, the Contractor will adhere to the details within the
European Protected Species Licence Application Protocol which has been
produced by the Authorised Undertaker. This was issued as a draft on 31
August 2006 and is pending agreement with SNH and SEERAD. The
conditions of any licences will be fully adhered to.
10.3.6
Protection of Great Crested Newt

All ponds within 500 m of the EARL working area will be checked by a
licensed handler for the presence of Great Crested Newt prior to construction.
The Dalmeny Railway Ponds have historically contained Great Crested Newt
and mitigation will be implemented around these ponds as set out in the
Environmental Statement; this will be done as a precautionary measure even if
Great Crested Newt are not found in those ponds. If evidence of Great
Crested Newt is found (at the Dalmeny Railway Ponds or any other pond) a
licence will be applied for from SEERAD for disturbance to a European
Protected Species.
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of the Contractor.
If licences are required, the Contractor will adhere to the details within the
European Protected Species Licence Application Protocol which has been
produced by the Authorised Undertaker. This was issued as a draft on 31
August 2006 and is pending agreement with SNH and SEERAD. The
conditions of any licences will be fully adhered to.
10.4
PROTECTION OF MATURE TREES

For the purposes of this Code, trees are defined as trees with a diameter of
over 10 cm girth at a height of 1.5 m above ground level.
Loss of trees will be avoided as far as reasonably practicable. Prior to any
felling of trees within the working corridor, they will be assessed for their
suitability as bat roosts by a licensed bat handler and any necessary measures
taken in consultation with SNH, SEERAD and the Local Authorities.
The Contractor will comply with the guidelines set out in British Standard BS
5837:1991 Trees in Relation to Construction, insofar as these are reasonably
practicable and applicable to EARLs construction.
All tree surgery operations will comply with the BS 3998 Recommendations
for Tree Works and a method statement addressing safety of workers and the
public will be prepared and implemented.
Woody material generated will be retained on site as far as is reasonably
possible and used as part of habitat creation measures.
Adverse effects on all trees within or in the vicinity of the site will be
minimised by the adoption of suitable mitigation measures. These may
include but are not limited to the following:
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 minimise soil compaction;
iii.
notwithstanding the above, construction activities will be controlled to

minimise compaction of the ground beneath the entire canopy of the
tree. No heavy materials or plant will be stored, and construction traffic
movements will be controlled, by fencing or other means, so as to
minimise vehicle movement within the canopy; and
iv.
the use of chestnut paling around the trunk to prevent damage.
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Landscape and Habitat Management Plan (see Section 12), which will be
enforceable through section 46 of the EARL Act.
10.5
TREE REPLACEMENT
Any tree that is damaged or cut down without approval or dies as a
consequence of the construction will be treated or be replaced by a suitably
sized transplant to the approval of the Local Authorities. The supply, storage,
handling, planting and maintenance of new planting will be undertaken in
accordance with the appropriate British Standards, including, but not
necessarily limited to the following:
(BS 5837) Trees in Relation to Construction;

(BS 3998) Recommendations for Tree Works; and
(BS 4428) Code of Practice for General Landscape Operations (excluding
hard surfaces).
Landscape and Habitat Management Plan (see Section 12) which will also be
included in the EMP.
10.6
CONTROL OF INVASIVE AND ALIEN SPECIES

If any invasive alien species listed on Schedule 9, Part II of the Wildlife and
Countryside Act 1981 and amendments, are identified along the route,
including Japanese knotweed (Fallopia japonica), giant hogweed (Heracleum
mantegazzianum) or Himalayan balsam (Impatiens glandulifera), a strategy will
be developed and implemented during the construction phase of the project to
manage their presence. The strategy will ensure the control of these species
and prevent the spread of them within and outside the development area.
The plants and soil containing these species or parts thereof will be dealt with
as contaminated material and disposed of in accordance with Section 8.23 of
this CoCP.
10.7
RIVER ALMOND, GOGAR BURN AND FIRTH OF FORTH PROTECTION

A study into the impacts of EARL on the Firth of Forth Special Protection Area
(a site designated under the European Directive on Conservation of Wild
Birds 79/709/EEC) has been undertaken by the Authorised Undertaker and
An Assessment of the Effects to the Firth of Forth Special Protection Area
was produced in December 2005. The Firth of Forth is also designated as a
Ramsar site (under the Convention on Wetlands of International Importance
Especially as Waterfowl Habitat) and a Site of Special Scientific Interest (under
the Wildlife and Countryside Act 1982 and subsequent amendments). SNH
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and SEPA were consulted on this report and agreed with its conclusions that
any residual impacts that occur from the construction and operation of EARL
will not adversely affect the integrity of the Firth of Forth Special Protection
Area and its qualifying interests. The mitigation set out within An
Assessment of the Effects to the Firth of Forth Special Protection Area will be
included in the EMP and will be enforceable through section 46 of the EARL
Act.
To protect the interests of the River Almond and the Gogar Burn, and thereby
prevent impacts to the Firth of Forth during construction, detailed
environmental mitigation measures will be outlined by the Contractor in
Method Statement(s) and the Pollution Prevention and Emergency Response
Plans (PPERP). Where site-specific measures are identified, they will form
part of Part 2 of this CoCP.
Authorised Undertaker (31st August 2006). Appropriate protocol will be
developed within this document and within the site-specific PPERPs which
the Contractor will produce. The details set out within the Authorised
Undertakers PERP will be included in the EMP and will be enforceable
through section 46 of the EARL Act.
Landscape and Habitat Management Plan which will also be included in the
10.8
PEST CONTROL
The Contractor will 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 will take such
action to deal with it as required by the Local Authorities.
The Environmental Compliance Officer will be consulted initially with
regards to Pest Control. All pest control measures will be agreed with SNH
and SEPA to ensure that there is no detrimental impact to the environment
and to identify any other consents / licences that may be required.
10.9
NOISE
The Environmental Compliance Officer will also be consulted where activities
are planned that may have an impact on sensitive ecological receptors in
terms of noise, see Section 6.
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11
ARCHAEOLOGY AND CULTURAL HERITAGE
11.1
ARCHAEOLOGICAL DISCOVERIES
An archaeologist recognised by City of Edinburgh Council Archaeological
Services (CECAS) and West of Scotland Archaeological Services (WOSAS) (the
Archaeological Contractor) will be appointed by the Authorised Undertaker
and a comprehensive Archaeological Evaluation process will be conducted for
ground disturbance during construction works. Following the evaluation,
further measures will be developed as appropriate to the results in
consultation with CECAS, WOSAS and Historic Scotland, such as
preservation in situ, set-piece excavations or conducting watching briefs.
All records obtained through the mitigation will be lodged with the National
Monuments Record of Scotland (NMRS).
The Archaeological Contractor will be present on the site during or prior to
construction to establish the presence or absence of archaeological features. If
unexpected archaeological discoveries are made by the Contractor work must
stop on that area until the Archaeological Contractor has been notified. A
specification for fieldwork will be agreed with CECAS and WOSAS. Work
will not commence again in that area without the agreement of the
Archaeological Contractor.
No archaeological artefacts of any kind will be removed from the site without
the written permission of the Archaeological Contractor.
All newly discovered ancient objects in Scotland, whether of precious metal or
not, belong to the Crown. The Crown does not always exercise its claim, but
all objects found must be reported to the Treasure Trove Advisory Panel so
that a decision can be made by the Crown Office.
Where an archaeological find is accidentally excavated, it is important that the
Archaeological Contractor is informed of the location from where the find was
recovered, and that it is stored carefully until it can be uplifted. CECAS and
/or WOSAS will be duly notified by the Archaeological Contractor.
The mitigation for non-scheduled archaeological remains proposed in the
Written Scheme of Investigations (WSI), approved by CECAS and WOSAS,
will be adhered to by the Contractor.
11.1.1
Cat Stane Scheduled Ancient Monument (SAM)

All parts of the Cat Stane SAM will be subject to a programme of set-piece
archaeological excavation prior to the commencement of EARL construction
works. A programme of post-excavation, publication and archiving of project
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materials and records will be undertaken following the completion of

fieldwork.
11.1.2
Human Remains
It is possible that graves, frequently edged with stone blocks, may be located
in construction areas. All human remains are significant and will be treated
with due respect.
The Contractor is to be aware of the legal requirement to report the discovery
of human remains.
If a human body is uncovered, work in the vicinity must cease immediately,
the remains must be left in situ and the Archaeological Contractor and the
Authorised Undertakers site representative notified. The Archaeological
Contractor will report the remains to the local police. The police may request
an archaeologist from a local museum or the National Museums to confirm
their antiquity.
11.2
LISTED BUILDINGS
The Contractor will comply with the requirements of the relevant legislation
in respect of listed buildings and Listed Building Consents so far as applicable
in accordance with the EARL Act.
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12
LANDSCAPE AND VISUAL
The Contractor will take all necessary measures to minimise and avoid
creating visual impacts during construction. The Contractor will ensure the
following measures to minimise impacts are implemented.
i.
Unnecessary tree and vegetation removal will be avoided, particularly at

Pepper Wood, along the Newbridge to South Queensferry Cycleway
and hedgerow trees between the A8 and Roddinglaw. Detailed
drawings will be drawn up before construction commences identifying
the tree and vegetation to be retained. The Environmental Compliance
Officer will approve such drawings.
ii.
Materials and machinery will be stored tidily during the works in order
to minimise impacts on views.
iii.
Portable machinery will be stored behind hoardings in compounds or

covered over when not in use.
iv.
High level flood lighting of compounds and works sites will be

restricted to agreed working hours (see Section 3) and those which are
necessary for security and/or health and safety purposes. Compounds
and work sites may be illuminated outside normal working hours for
security and/or health and safety purposes.
v.
Large compound areas will be enclosed within a seeded topsoil and/or

subsoil bund.
vi.
Roads providing access to site compounds and works areas will be

maintained free of dust and mud.
vii.
The Contractors compounds will be located away from the residential

properties/areas as far as possible and kept to the minimum size
required for effective operation.
viii. The haul roads or routes created to facilitate the construction of the
scheme will be adequately fenced and/or bounded by hoardings to limit
their visual intrusion across the landscape.
ix.
All existing roads and paths that are to become redundant due to
permanent diversions will be dug up, their arisings removed from site
and the land restored to agricultural, riparian or woodland land uses as
appropriate.
x.
All existing trees to be retained will be protected prior to the

commencement of construction in accordance with BS 5837:1991 Guide
for Trees in Relation to Construction. In particular, tree protection will
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be required around trees to be retained in Pepper Wood, to the

woodland copse to the east of the B800, mature trees to the east of
Carlowrie House and to the south of Kellerstain.
xi.
On completion of construction, all remaining construction materials will

be removed from the site.
Landscape and Habitat Management Plan, the details will be included in the
EMP and will be enforceable through section 46 of the EARL Act. Where site
specific commitments have been made in the Landscape and Habitat
Management Plan these will also be included in the relevant LCPs.
All of the above documents will be developed in consultation with SNH,
SEPA, the Local Authorities, local residents, local business and stakeholders.
The Contractor will ensure that any site excavation material or imported
material used to form landscape features on the site is handled in a manner
consistent with the Waste Management Licensing Amendment (Scotland)
Regulations or a SEPA approved exemption from licensing for this activity.
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Part 2
13
LOCAL CONSTRUCTION PLANS AND SITE SPECIFIC COMMITMENTS
13.1
INTRODUCTION
The Authorised Undertaker has agreed with a number of landowners,
businesses and residents to produce Local Construction Plans (LCPs) to
manage the construction impacts at certain locations along the EARL route.
Those currently proposed are listed in Annex A, further LCPs may be
appropriate as the project progresses and will be added to this list.
LCPs will be developed in consultation with all relevant parties, and
approved by the relevant local planning authorities before construction
commences in the appropriate areas.
The Local Authorities Environmental Compliance Officer will be involved in
the preparation and finalisation of the LCPs.
The Authorised Undertaker will be in a position to commence drafting such
LCPs in 2007 following the consideration of the EARL Bill and the
advancement of the design. The LCPs shall be subject to the enforcement
powers set out in Section 1.
Until such a time that the planned LCPs are prepared and approved, the
Authorised Undertaker has prepared a register of the site specific
environmental commitments given during the Parliaments consideration of
the EARL Bill (ie the site specific environmental commitments given in tie ltds
written and oral evidence) and these are set out in Annex B. These will inform
the drafting of the LCPs.
Once the LCPs are complete any site specific commitments affecting locations
not covered by the LCPs will continue to be listed in Annex B. These shall
form part of this CoCP and shall be subject to the enforcement powers set out
in Section 1.
13.2
LOCAL CONSTRUCTION PLAN CONTENTS

LCPs will build upon the generic details set out in Part 1 of this CoCP and will
set out how these generic principles will be applied on a site-specific basis
making reference to features and constraints of each particular site. Any,
location specific issues that are required to be addressed and managed during
the detailed design and construction of EARL will be included; eg where it has
been requested by a landowner that a specific row of trees is retained or if
access across a compound area has been agreed.
It is envisaged that the LCPs will include the following where appropriate.
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A description of the LCP area.
The stakeholders that are relevant to that LCP area including

landowners, affected individuals, the local communities, businesses,
developers, governmental and non-governmental organisations, Local
Authorities etc.
A description of the key features of the EARL works in that LCP area.
Details of the land use requirements (both temporary and permanent) in

that LCP area.
Details of the construction methodology and the programming of the

construction works in that LCP area.
Details of public health and safety requirements pertinent to

construction in that LCP area eg lighting requirements, signage.
Details of any environmental constraints pertinent to that area eg otter

activity, floodplain.
Commitments made by the Authorised Undertaker in relation to that

area during the Parliamentary process eg tree planting, buffer zones.
The site-specific issues / arrangements to be adopted in that LCP area eg

access arrangements, working hours.
Plans, figures and photographs as appropriate to identify the location of

site-specific issues.
The impact of works in any LCP area might extend beyond that LCP
boundary. Therefore, it should also be noted that, except where alternative
measures have been agreed and approved by the relevant parties, the generic
principles set out in Part 1 of this CoCP still apply to the LCP areas even
although they may not specifically be addressed.
13.3
FINALISATION OF LOCAL CONSTRUCTION PLANS

Figure 2.1 below sets out the anticipated process for the drafting of LCPs
through to their finalisation and approval by the Local Authorities.
The details outlined in Section 1 of this CoCP relating to contractual
obligations, consultation, the finalisation and enforcement of this CoCP, apply
also to the LCPs. The Contractor should treat Parts 1 and 2 (including the
LCPs) as the full and complete CoCP.
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Figure 13.1
Proposed Process for Producing Local Construction Plans
Draft LCPs will be produced initially by the Authorised Undertaker to include, as far as
possible, the details described in Section 13.1. Consultation will take place with all
stakeholders identified for that LCP.
Once the Contractor is appointed, the LCPs will be developed further based on the
construction methodologies and detailed design at that stage. The LCPs will be
amended and updated as refinements are made to the design and construction
methodologies.
The Contractor will consult with all identified parties, including the Environmental
Compliance Officer.
The Contractor will be responsible for finalising the LCPs and submitting them to the
local planning authorities for approval prior to the commencement of works in the
relevant area. Before the local planning authorities approve the LCPs they will consult
Scottish Natural Heritage (SNH) and Scottish Environment Protection Agency (SEPA)
and, where appropriate, Historic Scotland (HS).
The LCPs will remain under review, and proposed amendments will be subject to
further consultation and will require the approval of the Local Authorities.
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Annex A
List of Local Construction

Plans (LCPS)
LOCAL CONSTRUCTION PLANS (LCP)

The following list sets out the LCPs that the Authorised Undertaker has
committed to producing.
1. Winchburgh Junction LCP
2. Wheatlands LCP
3. Roddinglaw LCP
4. Kirkliston LCP
5. Carlowrie LCP
Annex B
Site Specific Commitments
SITE SPECIFIC COMMITMENTS
The following is a register of the site specific environmental commitments

given during the Parliaments consideration of the EARL Bill (ie the site
specific environmental commitments given in tie ltds written and oral
evidence).
This will inform the drafting of the LCPs.
Once the LCPs are complete any site specific commitments affecting locations
not covered by the LCPs will continue to be listed here.
CoCP and LCP Commitments made by the Authorised Undertaker in Oral and Written Evidence
EARL Bill
Objection
Number
Authorised Undertaker Commitment
Source
Consultation on the CoCP will be ongoing to agree a series of measures to control noise
and vibration at source through good housekeeping and good environmental
management practices.
Written Evidence submitted 16 November

2006. Para 19
The Objectors access will not be affected. Roddinglaw Road will not be stopped up until
the replacement road, or a temporary replacement, is operational.

2006. Para 29
Consultation on the development of the CoCP will be ongoing to agree a series of

measures to control noise and vibration at source through good housekeeping and good
environmental management practices.

2006. Para 27
Where works are undertaken outside the Objectors property, all reasonable endeavours
will be undertaken to minimise any inconvenience or disturbance to the Objector. Safe
and secure access to the Objectors front door will be maintained at all times during such
works.

2006. Para 34
All reasonable endeavours will be undertaken by the Authorised Undertaker to maintain

the Objectors current parking area.

2006. Para 37
The use of the hard-standing parking area will be temporary in nature and the area will be
reinstated on completion of the works. Temporary parking will be provided during such
use. The Authorised Undertaker will use all reasonable endeavours to minimise any
inconvenience this may cause to the Objector.

2006. Para 38
In deciding what safeguarding works are required and when they are to be constructed,
the Authorised Undertaker will liaise with the Objector regarding construction and

2006. Para 46
programming.
2
The Contractor shall consult with the Local Authority prior to commencing any
construction works. The consultation will include the proposed construction methodology
in order to minimise inconvenience to the public.

2006. Para 32
Consultation on the development of the CoCP will be ongoing and will include agreeing a
series of measures to control noise and vibration at source, through good housekeeping
and good environmental management practices.

2006. Para 32
In relation to the Objectors concerns regarding acquisition of land and loss of amenity,
the Authorised Undertaker will ensure that inconvenience to the Objector is minimised.

2006. Para 28

2006. Para 30 and Written Evidence
will be undertaken to minimise any inconvenience or disturbance to the Objector during
such works. Safe and secure access to the Objectors front door will be maintained at all submitted 16 November 2006. Para 47
times during such works. The Objector will be regularly updated and informed in advance
of any temporary alterations to their access.
All reasonable endeavours will be undertaken to maintain the Objectors current parking
area at their property. A temporary parking area will be provided during the drainage
works affecting the Objectors current parking area. The Authorised Undertaker will use
all reasonable endeavours to minimise any inconvenience this may cause.

2006. Para 31

2006. Para 42
and good management environmental management practices.

2006. Para 26
Areas required for vehicle driver visibility will be designed to be free from obstruction.
These areas will not be used to dispose of surplus spoil from other areas of the site or be

2006. Para 39
planted with trees or vegetation unless it is deemed safe to do so by the Local Authority.
9
will be undertaken to minimise any inconvenience or disturbance. Safe and secure
access to the Objectors front door will be maintained at all times during such works. The
Objectors will be regularly updated and informed in advance of any temporary alterations
to their access.

2006. Para 48
Works immediately in front of the Objectors property are limited to upgrading drainage.
The position of the road will be unaltered in front of the Objectors property.

2006. Para 46
All reasonable endeavours will be undertaken to maintain the Objectors current parking
areas at their property. A temporary parking area will be provided during the drainage
works affecting the Objectors current parking area. The Authorised Undertaker will use
all reasonable endeavours to minimise any inconvenience this may cause.

2006. Para 49
The Contractor shall consult with the Local Authority before commencing any
construction works. Such consultation will include the proposed construction
methodology in order to minimise inconvenience to the public.

2006. Para 31
11
series of measures to control noise and vibration at source and visual mitigation, through
good housekeeping and good environmental management practices.

2006. Para 23 and Oral Evidence 30th Nov
2006
11
The Authorised Undertaker will provide landscaping, if the Objector agrees to the
screening proposals, to mitigate the visual impact of the railway.

2006. Para 11
13
Consultation will continue with the Objector and other relevant parties on the Landscape
and Habitat Management Plan and other management plans that address wildlife.
Oral Evidence 30th Nov 2006
13
Consultation on the development of the CoCP and LCPs will be ongoing and will include
agreeing a series of measures to control noise and vibration at source, air quality,
nuisance and amenity through good housekeeping and good environmental management
practices.
Oral Evidence 30th Nov 2006 and Written

Evidence submitted 16 November 2006.
Para 25
13
Lorry access to the Objectors septic tank will be maintained at all times during
construction. Future permanent access to the septic tank location will be gained along
the same track to the north of the Steading. This track will originate from a new position
on the B800, to the south of the railway.

2006. Para 39
Group 18
(Objectors 11
& 32)
Consultation will continue with the Objectors in future work on environmental and visual
mitigation. This consultation will also include the Landscape and Habitat Management
Plan and other management plans that address wildlife.

2006
Group 18
(Objectors 11
& 32)
Consultation on the development of the CoCP and LCP will be ongoing and will include
agreeing a series of measures to control environmental and visual impacts, through good
housekeeping and good environmental management practices.

2006
Group 19
(Objectors 2,
4, 8 & 9)
Group 19
(Objectors 2,
4, 8 & 9)
Temporary car parking will be provided before Burnshot Road realignment work is started
in the vicinity of the Objectors property.
A temporary barrier will be erected on the north side of the existing road between the
temporary footpath and the existing Burnshot Road, facilitating access to the temporary
car park. The barrier will be child-proof.
Group 19
(Objectors 2,
4, 8 & 9)
Group 19
(Objectors 2,
4, 8 & 9)
Group 19
(Objectors 2,
4, 8 & 9)
Temporary physical barriers will be erected when the trench for drainage upgrading is
undertaken in front of the Objectors property. The barriers will be child-proof.
Safe access to Objector's front door will be maintained at all times during the drainage
works.
Group 19
(Objectors 2,
In relation to the loss of garden ground, the Authorised Undertaker will reinstate the
garden once works are completed.
Traffic management measures and precise access routes will be discussed with the Local Oral Evidence 28th Nov 2006
Authority and will form part of the LCP. The local community will be involved in the
development of the LCP. Specific consultation with the residents of Carlowrie Farm
Cottages will be undertaken.
4, 8 & 9)
Group 19
(Objectors 2,
4, 8 & 9)
Group 19
(Objectors 2,
4, 8 & 9)
The Authorised Undertaker will ensure that the bus service to Dalmeny school is not
disrupted by the works.
agreeing a series of measures to control impacts during construction, through good
housekeeping and good environmental management practices.
Committee Report
20
agreeing a series of measures in relation to fencing and drainage.
Committee Report
20
The Authorised Undertaker will liaise with the Objector in connection with the detailed
design so as to ensure that appropriate access arrangements at the farm are provided.

2006. Para 44
Group 20
(Objectors 1,
36 & 44)
Group 20
(Objectors 1,
36 & 44)
Group 20
(Objectors 1,
36 & 44)
Fencing details will be discussed with all adjoining landowners.

2006. Para 49
The Authorised Undertaker will ensure that field drainage is maintained.

2006. Para 53
series of measures to control impacts during construction, through good housekeeping
and good environmental management practices. This will also include timing of the
works, access and maintaining access and fencing requirements. Consultation will
include local residents, community councils, community liaison groups and others
including statutory local bodies; including specifically Ratho Community Council.

2006. Para 58 and Oral Evidence 28th
Nov & 30th Nov 2006
Group 20
(Objectors 1,
36 & 44)
The Authorised Undertaker will consider ways to mitigate against noise from vehicle
reversing alarms etc eg sensible routing through construction sites to avoid unnecessary
reversing.
Group 20
(Objectors 1,
Commitment to develop the landscape mitigation in the vicinity of the Objectors

properties in consultation with the Objectors. Consultation will continue with the Objectors
36 & 44)
on the Landscape and Habitat Management Plan and other management plans that
address visual impacts.
29

2006. Para 4
29
Some of the area required for the compound will be used to provide temporary
landscaping by way of an earth bund to reduce the visual impact. It is currently the
intention to use topsoil from the area to create a 2 metre high bund around the
construction site. Furthermore, a 20 metre buffer will be introduced between the worksite
and the Objectors property (adjoining the boundary of the Objectors property). The
Authorised Undertaker will incorporate this into the LCP. This bunding will also provide
noise mitigation from the construction site.

submitted 16 November 2006. Para 28
29
The Authorised Undertaker will liaise closely with the Objector throughout the
construction stages and during the development of the LCP.

2006. Para 15
29
The site compound will include the project site offices, the tunnel portal and support
facilities, a concrete batching plant, and areas for material handling. Where possible,
these facilities will be located towards the south of the site, near the tunnel portal.

2006. Para 16
29
Noise control measures specific to construction compounds will be used to minimise

disturbance where mitigation is needed.

2006. Para 27
36

2006. Para 26
36
The Contractor shall consult with the Local Authority prior to commencing any
construction works. Such consultation will include the proposed construction methodology
in order to minimise inconvenience to the public.

2006. Para 42
36
The Objectors access will not be affected. Roddinglaw Road will not be stopped up until
the replacement road, or a temporary, replacement is available.

38
2006. Para 46
The Authorised Undertaker is committed to the following in relation to other major Written Evidence submitted 16 November
2006. Para 18
development schemes in the vicinity of EARL:
Where there is the potential for construction programmes to overlap, Contractors of both
schemes will be in regular contact to identify where excavation or works may be
combined for efficiency and also to reduce negative environmental impacts and
disruption.
Adoption and adherence to the CoCPs prepared for both schemes.
Integrated consultation with consultees.
Close liaison through the detailed design stages between both projects and any other
major developments proposed at that time.
Where appropriate, the use of combined mitigation for both schemes will be developed,
such as landscape bunds, noise screening and habitat creation.
38
The Authorised Undertaker will work closely with the Winchburgh FUTURE developers
throughout the detailed design stages and, where appropriate, develop combined
mitigation for both schemes.

2006. Para 23
38
Consultation on the CoCP will be ongoing. The Authorised Undertaker will develop the
CoCP and develop a LCP which will include ways to maintain a fair and proper balance
between the needs of the project and those landowners and residents who will be
affected by the construction. The CoCP will be updated at the time of construction to
reflect the surrounding land uses.

submitted 16 November 2006. Para 116
and Oral Evidence 27th Nov 2006
38
The Authorised Undertaker will explore the Objectors access and construction needs,
these matters will be addressed through the development the LCPs.

2006. Para 57
38
The Authorised Undertaker will continue consultation with the Objector and CALA
throughout the development of the EARL project and provide programme updates. The
Authorised Undertaker will keep the Objector advised on any progress made with CALA
in this regard.
2006. Para 58 & 59
38
The Winchburgh area waste materials will be taken into the EARL compound in the v of
Winchburgh Junction and then transported to the M9 via Beatlie Road and A904. Plots
17 and 33 have been scheduled for access for construction. All construction movements
south of the existing Dalmeny Chord railway will be via these Plots and will enter the
public road via a temporary construction access point at the interface between Plot 17
and Beatlie Road. Construction access routes will be constructed with a compacted
granular free-draining material and removed after construction.

2006. Para 103 & 104
38
Except, possibly, for the limited construction period, the utility companies will have
continued access to their apparatus under existing arrangements. As regards any part of
the road or roadside verge that has to be used for EARL works, the Authorised
Undertaker anticipates formal arrangements being made with each of the utility
companies to secure their apparatus during the works. These arrangements will
preserve appropriate access as necessary.

2006. Para 107
38
In relation to the Beatlie Road bridge works, which are of a limited nature and will take at
the most a period of months. The Authorised Undertaker will share programming
information with the Objector regarding the Beatlie Road bridge works.

2006. Para 108
38
The Authorised Undertaker will liaise with West Lothian Council and other parties in Written Evidence submitted 16 November
developing a bridge solution.
2006. Para 142
38
In relation to the utilities proposed to be installed principally on the temporary possession Written Evidence submitted 16 November
land (Plots 17 and 17c) to be used as a construction compound, the Authorised 2006. Para 109
Undertaker will afford access so far as reasonably practicable and safe to do so. It is to
be expected that this will not be possible during the main construction period, but the
Authorised Undertaker will discuss possible access arrangements during that time.
There will be greater scope for such access as construction approaches completion.
38
Reasonable endeavours will be made by the Authorised Undertaker to ensure that
access is maintained.
38
The Authorised Undertaker will involve the Objector on the approach to excess materials
which will be developed through the LCP.
38
The Authorised Undertaker will involve the Objector in the development of the solution to
the Beatlie Road Bridge, in the development of both the LCP and the timing of the works.
39
The following outlines the way in which the Authorised Undertaker will deal with field Written Evidence submitted 16 November
drainage.
(a)
Affected land to be surveyed to establish details (including levels) of existing 2006
systems and necessary changes or other works. Will also record the then existing
condition of the drains found.
(b)
Note that before Royal Assent surveys cannot be undertaken unless landowner
consents.
(c)
Authorised Undertaker to prepare a scheme of field drainage works to include
following details, both temporary and permanent:
(i)
required diversions and replacement drains
(ii)
protective works for existing drains that are to be retained untouched
(iii)
specified sealing off drains to be temporarily or permanently cut off
(iv)
new drains in addition to replacements e.g. where the railway produces
additional drainage needs
(v)
proposed discharges to and from existing and new drains
(vi)
anti-pollution measures
(vii)
specifications and materials
(viii) working methods
(ix)
programmes, timetabling and hours of working
(x)
rights to use field drains
(xi)
ownership of drains
(xii)
necessary ancillary rights e.g. of access for maintenance of field drains.
(d)
Survey report to be made available to landowner in advance of scheme of field
drainage works.
(e)
Authorised Undertaker to consult all relevant landowners in connection with
Written Evidence submitted 16 November 2006.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
Authorised Undertaker to consult all relevant landowners on the scheme when

prepared.
Authorised Undertaker to take account of comments received from all landowners
in course of the consultation.
Landowner to be given names of relevant contact at Contractor.
Contractor to be specifically required as part of the construction contract to
continue to develop scheme of field drainage works as necessary in consultation
with affected landowners.
Authorised Undertaker (and by extension the Contractor) will comply with all
requirements in a scheme of field drainage works.
Contractor not to sign off any element of the authorised works involving field
drainage works until all such works have been commissioned.
Authorised Undertaker to make good, or pay compensation for damage to field
drains caused by the construction of the authorised works.
Authorised Undertaker to maintain close contact with all affected landowners
throughout the construction process.
Details as above, or alternatives as agreed with the Objector, will be incorporated into the
LCPs where applicable; the Objector will be consulted on the LCP and CoCP
development.
39
Plot 569 will be accessible from the rear of the properties and where it is reasonably
practicable and safe to do so, access will be provided to Plot 136 by the Contractor.

2006. Para 71
39
The Objector will be involved in ongoing consultation on utility alignment and temporary
and permanent fencing solutions.
39
The Objector will be involved in ongoing consultation on access. Reasonable

endeavours will be made to maintain alternative access at all times should the existing
access be disrupted.
40
The following outlines the way in which the Authorised Undertaker will deal with field Written Evidence submitted 16 November
drainage.
(a)
Affected land to be surveyed to establish details (including levels) of existing 2006
10
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
systems and necessary changes or other works. Will also record the then existing
condition of the drains found.
Note that before Royal Assent surveys cannot be undertaken unless landowner
consents.
Authorised Undertaker to prepare a scheme of field drainage works to include
following details, both temporary and permanent:
(i)
required diversions and replacement drains
(ii)
protective works for existing drains that are to be retained untouched
(iii)
specified sealing off drains to be temporarily or permanently cut off
(iv)
new drains in addition to replacements e.g. where the railway produces
additional drainage needs
(v)
proposed discharges to and from existing and new drains
(vi)
anti-pollution measures
(vii)
specifications and materials
(viii) working methods
(ix)
programmes, timetabling and hours of working
(x)
rights to use field drains
(xi)
ownership of drains
(xii)
necessary ancillary rights e.g. of access for maintenance of field drains.
Survey report to be made available to landowner in advance of scheme of field
drainage works.
Authorised Undertaker to consult all relevant landowners in connection with
Written Evidence submitted 16 November 2006.
Authorised Undertaker to consult all relevant landowners on the scheme when
prepared.
Authorised Undertaker to take account of comments received from all landowners
in course of the consultation.
Landowner to be given names of relevant contact at Contractor.
Contractor to be specifically required as part of the construction contract to
continue to develop scheme of field drainage works as necessary in consultation
with affected landowners.
Authorised Undertaker (and by extension the Contractor) will comply with all
requirements in a scheme of field drainage works.
Contractor not to sign off any element of the authorised works involving field
11
(l)
(m)
drainage works until all such works have been commissioned.

Authorised Undertaker to make good, or pay compensation for damage to field
drains caused by the construction of the authorised works.
Authorised Undertaker to maintain close contact with all affected landowners
throughout the construction process.
Details as above, or alternatives as agreed with the Objector, will be incorporated into the
LCPs where applicable; the Objector will be consulted on the LCP and CoCP
development.
40
The Authorised Undertaker will provide a detailed construction program to the Objector Written Evidence submitted 16 November
once this is available from the Contractor.
2006. Para 38
40
The Objector will be involved in ongoing consultation on access. Reasonable

endeavours will be made to maintain alternative access at all times should the existing
access be disrupted.
40
The Objector will be involved in ongoing consultation on permanent and temporary

fencing.
40
In relation to access, the Authorised Undertaker will reinstate the existing access
following completion of the EARL works and the one year maintenance period at
Queensferry Road. During the construction and maintenance period, a temporary access
from the diversion of the B800 would be provided and sightlines would be compliant with
Local Authority guidelines.
Committee Report
40
The Objector will be involved in the development of LCP and in particular the timing of the Oral Evidence 27th Nov 2006
works.
41
The EARL works may disrupt access across the Network Rail bridges. In such Written Evidence submitted 16 November
circumstances, the Contractor will maintain access when it is reasonably practicable and 2006. Para 12
safe to do so. A reasonably practicable alternative access, in agreement with the
Objector, will be identified and implemented if required. When the works are completed
12
right of access will be given.

41
The Authorised Undertaker will consult with the Winchburgh and District Fisheries Board Written Evidence submitted 16 November
to ensure their needs are understood.
2006. Para 38
41
A buffer zone will not be implemented around the property although noise and visual
mitigation measures will be investigated and appropriate solutions discussed with the
Objector.

2006. Para 66
41
The Authorised Undertaken, subject to further work and structural surveys, will
endeavour to avoid the need to demolish one of the Objectors.
Committee Report
41
Temporary accommodation will be offered to the occupants of the Myre property for the
relevant nights when noisy activities are planned should the occupants wish. Noisy
activities will be discussed with the Local Authority and at least 2 weeks notice will be
given to the occupants.

2006. Para 32, 33 & 34
41
Noise and visual mitigation measures will be investigated and appropriate solutions Written Evidence submitted 16 November
discussed with the Objector.
2006. Para 66
41
In deciding what safeguarding works are required and when they are to be constructed,
the Authorised Undertaker will liaise with the Objector regarding construction and
programming.

2006. Para 73
41
the timing of the works and arrangements for maintaining access.
41
The Authorised Undertaker will involve the Objector in the development of the LCP to
ensure that, as far is as reasonably practicable, arrangements are made to mitigate such
impacts on agricultural, forestry and sporting operations.
41
Consultation on the development of the CoCP and the LCP will be ongoing and will
include the Objector, to agree a series of measures to control noise and vibration at
source, through good housekeeping and good environmental management practices.
13
The timing of any works in the area and any suitable mitigation will be included in this
consultation.
41

The Authorised Undertaker will consult with the Objector on the CoCP, the LCP, the
Landscape and Habitat Management Plan and other management plans that consider the
impacts on trees and timber. The adverse impacts on all trees in the vicinity of the
property will be minimised.
44
Plot 398 is the only existing access into the field behind the Objectors property. This
access will be used initially by the Contractor to gain access to the site for surveying,
setting-out and ground investigation works. During this period, the access at Plots 395
and 396 will be formed and will be the main construction access point for the works.

2006. Para 12
44
Once the access through Plots 395 and 396 is established and temporary bunding
installed in Plot 402a, the access at Plot 398 will be closed off temporarily during the
construction period. The Contractor will use the existing field access as a temporary site
access only.

2006. Para 12
44

The existing field access will be used for light plant and personnel vehicle access during
site mobilisation and set-up, as the access is not suitable for large heavy plant. Use of the 2006. Para 13 and Oral Evidence 29th Nov
access for construction access will be limited to a maximum of eight weeks.
2006
44
The alignment of the proposed new road, to the west of the lodge, will be used as the
construction haul route.

2006. Para 13
44
The Authorised Undertaker will keep the Objectors informed of the development of the
Road Safety Audit.

2006. Para 11
44
The Authorised Undertaker will ensure the Objector is informed of the timings and
phasing of the works in the vicinity of the Objectors property.

2006. Para 13
44
During the construction works, traffic management measures will be necessary to

mitigate the risks associated with construction traffic entering the public road network.
The Contractors proposals will be approved by the Local Authority and police before

2006. Para 14
14
implementation.
44
Where it is practical to do so, normal access (as experienced now) will be maintained to
the Objectors property.

2006. Para 15
44
Unnecessary tree and vegetation removal will be avoided and best practice measures will
be implemented to ensure that disturbance to habitats and wildlife is limited as far as is
reasonably practicable.

2006. Para 25
44
After construction, the temporary compound will be removed and the land restored to
agricultural land or woodland as appropriate, in agreement with the landowner.

2006. Para 27
44
Consultation on the development of the CoCP will be ongoing to agree a series of

measures to control noise and vibration at source, through good housekeeping and good
environmental management practices.

2006. Para 39
44
Unnecessary tree and vegetation removal will be avoided and best practice measures will
be implemented to ensure that disturbance to habitats and wildlife is limited as far as is
reasonably practicable. The Authorised Undertaker will discuss with the Objector the
percentage mix of species in the landscape design in order to ensure a balance is met
between screening and natural light penetration. No more than 10 to 20 trees will be
removed from the bottom of the Objectors garden. Also the Authorised Undertaker will
consult with the Objector on the necessity for, and width of, the farmers track.
Oral Evidence 29th Nov 2006 and

Committee Consideration Stage Report
44
The Authorised Undertaker will consult the Objector on the timing and phasing of the
works in the vicinity of the Objectors property.
48
Haul roads for construction traffic will be constructed in the proposed railway corridor and
will link directly to the trunk road network.

2006. Para 24
48
agreeing a series of measures to control environmental impacts and amenity through
good housekeeping and good environmental management practices.

2006
15
48
Commitment to consult with the objectors on the development of the design to ensure
that mutually agreeable landscape mitigation is implemented; this includes the
Landscape and Habitat Management Plan.
Committee Report
48
Road cleaning machinery will be available to ensure that roads are kept to a reasonably
clean standard.

2006. Para 34
48
Road diversions will be constructed off-line where practicable, i.e. the existing road will
remain operational while the new alignment is being constructed. All roads will be
designed to adoptable standards and approved and adopted by the Local Authority.

2006. Para 24
16

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Airport Code of Construction Practice Edinburgh

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Edinburgh Airport Rail Link

Code of Construction Practice

Code of Construction Practice

Issue & Revision Schedule

Aileen McLuckie (ERM)

Karen Raymond (ERM)

Steve Purnell (ERM)

Barry Cross (tie ltd)

For enquiries please contact:

PUBLIC RELATIONS LIAISON OFFICER

SITE ARRANGEMENTS AND SITE HOUSEKEEPING

FENCING AND HOARDING

TRAFFIC AND TRANSPORT

NOISE AND VIBRATION

DUST AND AIR POLLUTION

DUST AND OTHER AIR POLLUTION

DISPOSAL OF WASTE AND CONTAMINATED MATERIALS

POLLUTION EMERGENCY RESPONSE PLAN

PROTECTION OF THE WATER ENVIRONMENT

WASTE WATER AND GROUNDWATER

ENVIRONMENTAL COMPLIANCE OFFICER

CONTROL OF INVASIVE AND ALIEN SPECIES

ARCHAEOLOGY AND CULTURAL HERITAGE

LANDSCAPE AND VISUAL

LOCAL CONSTRUCTION PLANS AND SITE SPECIFIC COMMITMENTS 65

LIST OF LOCAL CONSTRUCTION PLANS (LCPS)

SITE SPECIFIC COMMITMENTS

Special Protection Area

EARL COCP 19.02.07

Environmental noise measurements and levels are usually

Ambient Background Noise

Surrounding background noise level, which is a measure of

See Section 1.15 of this CoCP.

As defined in section 51 (1) of the EARL Bill namely in

Code of Construction Practice

A Code of Construction Practice (CoCP) sets out mitigation

As defined in Section 1.7 of this CoCP.

As defined in Section 1.4 of this CoCP.

As defined in Section 1.5 of this CoCP.

Extraction of ground water to artificially lower ground water

EARL COCP 19.02.07

Upon receiving Royal Assent the Edinburgh Airport Rail

The Edinburgh Airport Rail Link Bill (Reference SP Bill 58)

A ridge of earth or rock constructed above ground level to

Environmental Clerk of Works

As defined in Section 1.5 of this CoCP.

As defined in Section 1.6.1 of this CoCP.

A systematic procedure required under the Environmental

A Management Plan setting out the mechanisms for

Environmental Statement (ES)

A document reporting the findings of an Environmental

Equivalent Continuous Sound

The LAeq level gives a single figure to describe a sound that

Noise levels at locations 1 m from the faade of a building are

The flat area bordering a river that accepts flood waters

The distance between normal water level and the top of a

Underground water that is held in the soil and in permeable

Waste material as stated in the Hazardous Waste Directive

EARL COCP 19.02.07

Waste that does not undergo physical, chemical or biological

In the original position.

LAeq, T is the A-weighted equivalent sound level over the

As defined in Section 1.6 of this CoCP.

Local Construction Plan (LCP)