1.1 The Forth Replacement Crossing Project
1.1.1 The Forth Replacement Crossing project (‘the Project’) will provide a replacement crossing of the Firth of Forth to the west of the Forth Road Bridge to carry general road traffic. As part of a managed crossing scheme the Forth Road Bridge will continue to operate, carrying public transport, taxis, motorcycles with engine capacity less than 50cc, pedestrians and cyclists.
1.1.2 The Project has been designed to:
- facilitate future multi-modal use utilising the Forth Road Bridge;
- provide for pedestrians and cyclists;
- provide for two lanes in each direction for all-purpose road traffic;
- incorporate hard shoulders to relieve disruption due to breakdowns and maintenance activity;
- provide improved accessibility to West Lothian through the addition of west-facing slip roads at Junction 1a on the M9; and
- improve accessibility to the development areas of Fife through an enhanced Ferrytoll junction.
1.1.3 In addition to the replacement crossing (hereafter referred to as the ‘main crossing’), the Project includes new dual carriageway approach roads to the main crossing and the existing junction at Ferrytoll will be enhanced to protect and promote the developing area of Rosyth and to provide good quality connections for local communities. A new junction will be provided at South Queensferry and Junction 1a on the M9 will be enhanced to facilitate new access to and from the bridge from West Lothian. The M9 will be improved between Newbridge and Junction 1a. An Intelligent Transport System (ITS) will be provided along the full length of the Project including the M9 Kirkliston Spur and M90 between Admiralty Junction and Halbeath Interchange. The proposed scheme is shown in Figure 1.1 below.
1.1.4 Construction of the Project may be undertaken as a single contract or under a number of individual contracts. The Scottish Ministers may vary the construction strategy, however at the time of writing this Code of Construction Practice the strategy is anticipated to comprise:
- a main contract involving construction of the main crossing and the connecting roads to the north and south of the bridge;
- a contract for the improvements to the M9 and Junction 1a; and
- a contract for the provision of ITS measures to the north of Admiralty Junction on the M90.
1.1.5 The contractors involved in construction of the Project will comply with the Code of Construction Practice insofar as it is relevant to the construction works set out in the relevant contract.
Figure 1.1 Proposed Scheme
1.2 Purpose of this Code of Construction Practice
1.2.1 This Code of Construction Practice (CoCP) sets out a series of objectives and measures to be applied throughout the construction period to:
- manage and operate the construction works;
- maintain satisfactory levels of environmental protection; and
- limit disturbance from construction activities.
1.2.2 The measures include arrangements for the management, design and construction of the Project to control the material impact of construction insofar as it may affect the natural environment and the environment, amenity and safety of local residents, businesses and the public in the vicinity of the construction works. This CoCP also explains how the public and other stakeholders will be consulted and informed during construction of the Project.
1.2.3 Revisions to this CoCP may be undertaken if requested by the Parliament during the Parliamentary process in response to issues raised during that process. Any changes will be incorporated within a finalised CoCP. The CoCP will be included within the contract documents for the construction of the Project. The contractor will have a contractual obligation to comply with the requirements set out in the CoCP.
1.2.4 The Scottish Ministers will ensure compliance with this CoCP through the construction contracts. Please also refer to Section 1.10 regarding construction supervision.
1.2.5 This CoCP refers to a number of documents that the contractor will develop to set out in detail the management systems, procedures, approaches and methodologies that will be implemented during construction of the Project to comply with this CoCP. This includes:
- Construction Phase Health and Safety Plan;
- Environmental Management Plan which will include a number of subsidiary plans;
- other management plans; and
- Method Statements.
1.2.6 The Scottish Ministers have consulted with statutory bodies and other organisations during the development of this CoCP. As explained in Section 1.7 of this CoCP, the contractor will consult with relevant bodies in the development of the Environmental Management Plan, subsidiary management plans and other management plans.
1.3 The Parliamentary Bill
1.3.1 The Project is being promoted by the Scottish Ministers by a Parliamentary Bill titled the "Forth Crossing Bill". Part of the Bill deals with environmental issues including the requirement to mitigate environmental impacts and also the requirement to meet the minimum standards of mitigation and protection provided for in the Environmental Statement and this CoCP.
1.3.2 As explained in paragraph 1.2.3, this CoCP will be considered by the Parliament and may be amended during the parliamentary process before the Parliament confirms it is content to pass the Bill.
1.4 Compliance with the Environmental Statement and Appropriate Assessments
1.4.1 An environmental impact assessment (EIA) has been undertaken for the Project and an Environmental Statement has been prepared in accordance with the Environmental Impact Assessment (Scotland) Regulations 1999, as amended. In line with the requirements of these regulations, the Environmental Statement includes assessments of the potential impacts on the environment that may be caused during construction of the Project and describes proposed mitigation measures. The approaches to be adopted by the contractor to mitigate environmental impacts during construction of the Project are included within this CoCP. Additional details of the mitigation measures proposed are described in the Environmental Statement. Chapter 23 of the Environmental Statement comprises a Schedule of Environmental Commitments which summarises the mitigation measures identified in the Environmental Statement, which are considered necessary to protect the environment, prior to construction, during construction and/or during operation of the proposed scheme.
1.4.2 The Scottish Ministers have given a commitment to employ all reasonably practicable means to ensure that the residual environmental impacts of the construction and operation of the Project are in line with those described in the Environmental Statement. In line with this commitment, the contractor will have to provide the mitigation measures described in the Environmental Statement, or any other appropriate or equivalent mitigation measures, such that the residual environmental impacts during construction and operation of the Project are in line with those described in the Environmental Statement.
1.4.3 An additional environmental assessment process is being followed for the Firth of Forth Special Protection Area (SPA), the Forth Islands SPA, The Imperial Dock Lock, Leith SPA (Leith Docks SPA), and the River Teith Special Area of Conservation (SAC). Reports to Inform an Appropriate Assessment (RIAA) of the potential for impacts on these sites have been prepared in accordance with the requirements of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended. The RIAAs set out in greater detail specific mitigation measures and environmental management requirements for those aspects of construction which have the potential to adversely affect the SPAs and SAC. The contractor will comply with the mitigation requirements of the Appropriate Assessments made by the Competent Authority (informed by the RIAAs). Any changes to the scheme assessed in the RIAAs will require consideration by the Competent Authority and the contractor would be required to adhere to any other conditions or restrictions imposed by the Competent Authority in relation to Appropriate Assessments carried out for the Project insofar as they relate to these sites.
1.5 Compliance with Legislation, Standards and Guidance
1.5.1 In addition to the Bill and the EIA documentation referred to above, there are many other statutes including Acts of Parliament and regulations which cover environmental and related matters. The requirements set out in legislation are complemented by additional standards, such as British (BS) or International (ISO) Standards and other guidance including industry codes of practice. Reference to any legislative provision, standard or guidance will be deemed to include any subsequent re-enactment, amending provision or replacement thereof current at the time of construction.
1.5.2 Where applicable, references to specific legislation, standards and guidance are included within each section of this CoCP. Where text in this CoCP paraphrases or interprets the wording of other legislation, standards and guidance, the wording of the original documentation will apply. Notwithstanding these references, compliance with this CoCP will not absolve the contractor from compliance with all legislative requirements relating to the manner of the execution of the works applicable at the time of construction.
1.6 Environmental Management System
1.6.1 The contractor will be required to operate a quality system, part of which will be an Environmental Management System (EMS) complying with BS EN ISO 14001: Environmental Management. The EMS will set out:
- the contractor’s environmental policy;
- the procedures to be implemented to monitor compliance with environmental legislation; and
- the procedures to be implemented to monitor compliance with the environmental provisions in the Forth Crossing Bill and in this CoCP.
1.7 Environmental Management Plan
1.7.1 This CoCP requires the contractor to prepare and implement an Environmental Management Plan (EMP). The EMP will set out how the contractor intends to operate the construction site and will set out the specific control measures to be implemented to comply with the EMS and this CoCP.
1.7.2 The EMP will include specific management plans, including, but not limited to the following:
- Area Management Plan (see Section 3 of this CoCP) – this will be an over-arching site management plan covering general site operations and overall management of the construction works. It will include details of the key personnel employed in the management of the project, controls with regard to general site layout and operations, and lighting including measures to mitigate light pollution, screening and working hours.
- Noise and Vibration Management Plan (see Section 5 of this CoCP) – to include details of measures to control and mitigate noise and vibration during construction together with details regarding monitoring systems to be employed during the construction works.
- Dust and Air Pollution Management Plan (see Section 6 of this CoCP) – to include details of dust and air pollution control measures with details regarding monitoring systems to be used during the construction works.
- Geology, Land Contamination and Waste Management Plan (See Sections 7 and 8 of this CoCP) – to include details of measures required when working in abandoned shallow mine working areas, for the handling, storage, transfer and disposal of waste materials and contaminated materials as well as measures to be implemented for the reuse or recycling of waste material.
- Surface and Ground Water Management Plan (See Section 9 of this CoCP) – to include details of controls to prevent contamination of surface and ground water resources, together with monitoring systems to be employed during the construction works and emergency procedures to be implemented in the case of any pollution incidents.
- Ecological Management Plan (see Section 10 of this CoCP) – to include details of procedures to be followed to mitigate environmental impacts on ecological resources, flora and fauna.
- Agriculture Management Plan (see Section 11 of this CoCP) – to include details of controls to be implemented to mitigate potential impacts on farms including maintaining access.
- Cultural Heritage Management Plan (see Section 12 of this CoCP) – to include details of measures to be implemented during topsoil stripping and excavations to enable potential cultural heritage resources to be identified and recorded, as well as controls to be put in place to protect cultural heritage resources adjacent to the construction works.
- Landscape Management Plan (see Section 13 of this CoCP) – to include details of controls to protect the landscape from construction activities together with measures to be implemented to manage and maintain landscape works provided as part of the project. Measures to be implemented to mitigate visual impacts from the construction works will also be described.
- Pollution Incident Response Plan (see Section 14 of this CoCP) – to include details of controls to be adopted to manage the risk of pollution incidents and procedures to be followed in the event of any pollution incidents.
1.7.3 The following other management plans will be prepared by the contractor:
- Traffic Management Plan (see Section 4 of this CoCP) – to include details of traffic control measures, site access points, access for non-motorised users (e.g. cyclists and pedestrians), public roads that will be used during construction and control of construction traffic together with advertising and notification procedures regarding planned roadworks.
- Marine Traffic Management Plan (see Section 4 of this CoCP) – to include details of the procedures to be implemented to manage construction works and operate according to procedures agreed with the relevant navigation and harbour authorities taking account of any mitigation required in the appropriate assessment.
1.7.4 The EMP, its subsidiary plans and other management plans will be live documents that are subject to updating and refinement by the contractor as required in response to the changing needs of the works during construction.
1.7.5 The EMP will set out the contractor’s arrangements to provide supervisory and site personnel with adequate training relevant to their role prior to being employed on the construction site, including specific environmental project inductions.
1.7.6 The EMP will include details of those responsible for the effective implementation of the plan and will also set out the procedures to be implemented to monitor compliance with the plan during construction.
1.7.7 The contractor will consult with and take consideration of the views of the following bodies during development of the EMP:
- The City of Edinburgh Council, Fife Council and West Lothian Council.
- Scottish Natural Heritage (SNH).
- Marine Scotland.
- Scottish Environment Protection Agency (SEPA).
- Historic Scotland (HS).
1.8 Sustainable Development Policy
1.8.1 The Scottish Ministers have prepared a Sustainable Development Policy which sets out the sustainability objectives for the Project.
1.8.2 As part of this Policy a project specific sustainability assessment methodology was developed. An important aspect of this policy is to ensure that measures are in place to improve environmental performance in the design, construction and operation of the Project.
1.8.3 In the adoption of this proactive approach to sustainable design and construction the contractor will be required to seek to maximise resource efficiency through reducing the amount of waste generated, minimising water consumption and making the most efficient use of energy. There will also be a requirement for the contractor to reduce the carbon footprint of the scheme during construction by reducing CO2 emissions where possible through for example promoting the use of materials from renewable resources and keeping construction vehicle movements to the minimum necessary.
1.8.4 Other important features of adopting this sustainable approach will include promotion by the contractor of the protection, and where appropriate, the enhancement of the natural heritage (in particular biodiversity) and historic environment. There will also be a requirement for the contractor to seek, where necessary, to mitigate adverse environmental impacts, such as from noise and severance on local communities.
1.8.5 This overall approach to sustainability implemented by the contractor should result in improvements in whole life performance of the project.
1.9 Method Statements
1.9.1 The contractor will set out the procedure to be followed for each construction operation in a method statement. Method statements will be prepared for site preparation, construction activities and reinstatement of land following completion of the main construction works.
1.9.2 Method statements will set out the step by step process to be followed including establishing appropriate ‘hold points’ so that works progress with the necessary supervisory controls and approvals being in place. The method statements will define any specific environmental control measures to be implemented to meet the requirements of the EMP. Where environmental control measures are specified, appropriate hold points will be defined to enable the measures to be checked and approved by the relevant supervisory personnel prior to works commencing.
1.9.3 The method statements will also clearly set out the safe methods of working and other criteria determined by the health and safety risk assessment for the task. Where appropriate they will reference Permits to Work or other authorisations. The construction team carrying out the work will be briefed on these requirements in advance of the operation.
1.10 Construction Supervision
1.10.1 The contractor will employ sufficient suitably qualified and experienced personnel to supervise construction works, including personnel with relevant experience in the environmental disciplines included within the Environmental Statement and this CoCP.
1.10.2 The Scottish Ministers will provide appropriately qualified staff to monitor the contractor’s compliance with the construction contract and this CoCP in line with the responsibilities set out in paragraph 1.2.4. The Scottish Ministers’ lead representative during construction of the Project will be called the ‘Employer’s Representative’.
1.11 Structure of this Code of Construction Practice
1.11.1 This CoCP is structured as follows:
- Section 2 sets out measures relating to public liaison, including engaging proactively with the public, notification regarding construction works and dealing with complaints.
- Section 3 sets out measures for general site operations including site safety, site organisation and appearance and working hours.
- Section 4 sets out measures relating to public access including traffic safety and management, control of construction traffic, maintaining access and operating within the Firth of Forth.
- Sections 5 – 14 set out measures to maintain satisfactory levels of environmental protection and limit disturbance from construction activities as far as reasonably practicable relating to:
- Noise and vibration
- Dust and air pollution
- Geology, soils and land affected by contamination
- Disposal of waste and contaminated materials
- Protection of the water environment
- Agricultural resources
- Archaeology and cultural heritage
- Landscape and visual impact
- Pollution incident control and response planning
1.11.2 Where lists are provided in this CoCP, these are not to be considered as fully exhaustive lists, unless stated accordingly.
1.11.3 The contractor will undertake monitoring as may be necessary to comply with the requirements of this CoCP, including monitoring the effectiveness of mitigation measures. In addition, where appropriate, the different sections of this CoCP set out requirements for monitoring to:
- inform the application of appropriate mitigation measures so that impacts are in line with those set out in the Environmental Statement and other environmental assessment reports;
- monitor and assess the effectiveness of mitigation measures; and
- enable compliance with the requirements of this CoCP to be demonstrated.
1.11.4 The contractor will make monitoring records available to the Employer’s Representative, local authorities and to others identified in paragraph 1.7.6 upon request.