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The Brechfa Forest Wind Farm Connection Order 2016

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Article 3

SCHEDULE 3Requirements  

Interpretation

1.  In this Schedule and in Schedule 9—

“commencement” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words “commence” and “commenced” are to be construed accordingly;

“Nant Morlais Woodland” means so much of the Order limits shown hatched yellow on and so much of the Order limits shown shaded green on Figure 10.2: Botanical Phase 1 Survey Map 1 Issue A to the environmental statement; and

“stage” refers to a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to Requirement 4.

Time limits

2.  The authorised development must commence within 5 years of the date that this Order is made.

Compliance with approved details

3.—(1) The construction of the poles forming part of the authorised development comprised in Work No 1 and Work No 3 must take place in accordance with the approved drawings listed In Table 1 below subject to the limits of deviation.

(2) For the purposes of Requirement 3(1) the poles must be constructed within the vertical limits of deviation (as set out in article 5(b)(i) and (ii) (limits of deviation) and the lateral limits of deviation (as shown on the works plans)).

Table 1

(1)Poles(2)Drawing sheet number(3)Pole height (metres)(4)Pole type (single, twin or terminal four)
1A/WP/PS/112Twin
2A/WP/PS/114Single
3A/WP/PS/111Single
4A/WP/PS/113Single
5A/WP/PS/115Twin
6A/WP/PS/115Single
7A/WP/PS/114Single
8A/WP/PS/113Single
9A/WP/PS/114Twin
10A/WP/PS/215Single
11A/WP/PS/213Single
12A/WP/PS/215Single
13A/WP/PS/212Single
14A/WP/PS/212Single
15A/WP/PS/212Single
16A/WP/PS/212Single
17A/WP/PS/213Single
18A/WP/PS/212Twin
19A/WP/PS/213Single
20A/WP/PS/212Single
21A/WP/PS/212Single
22A/WP/PS/213Twin
23A/WP/PS/212Single
24A/WP/PS/214Twin
25A/WP/PS/313Twin
26A/WP/PS/312Single
27A/WP/PS/311Single
28A/WP/PS/312Single
29A/WP/PS/311Single
30A/WP/PS/314Twin
31A/WP/PS/315Single
32A/WP/PS/314Single
33A/WP/PS/313Single
34A/WP/PS/314Single
35A/WP/PS/412Single
36A/WP/PS/412Single
37A/WP/PS/412Single
38A/WP/PS/415Single
39A/WP/PS/413Twin
40A/WP/PS/413Twin
41A/WP/PS/412Single
42A/WP/PS/414Twin
43A/WP/PS/416Twin
44A/WP/PS/416Twin
45A/WP/PS/513Twin
46A/WP/PS/514Single
47A/WP/PS/513Single
48A/WP/PS/513Twin
49A/WP/PS/512Single
50A/WP/PS/513Single
51A/WP/PS/513Single
52A/WP/PS/513Single
53A/WP/PS/512Single
54A/WP/PS/513Single
55A/WP/PS/614Single
56A/WP/PS/612Single
57A/WP/PS/612Single
58A/WP/PS/612Single
59A/WP/PS/612Single
60A/WP/PS/613Twin
61A/WP/PS/613Twin
62A/WP/PS/613Single
63A/WP/PS/615Single
64A/WP/PS/613Single
65A/WP/PS/612Single
66A/WP/PS/613Single
67A/WP/PS/614Single
68A/WP/PS/613Single
69A/WP/PS/614Single
70A/WP/PS/713Twin
71A/WP/PS/715Twin
72A/WP/PS/716Single
73A/WP/PS/718Single
74A/WP/PS/717Twin
75A/WP/PS/713Single
76A/WP/PS/713Single
77A/WP/PS/711Single
78A/WP/PS/715Single
79A/WP/PS/714Twin
80A/WP/PS/714Single
81A/WP/PS/714Single
82A/WP/PS/717Single
83A/WP/PS/713Single
84A/WP/PS/715Terminal Four
85Not UsedNot UsedNot Used
86Not UsedNot UsedNot Used
87B/WP/PS/215Terminal Four
88B/WP/PS/212Single
89B/WP/PS/216Single
90B/WP/PS/212Single
91B/WP/PS/213Single
92C/WP/PS/115Twin
93C/WP/PS/115Twin
94C/WP/PS/112Twin
95C/WP/PS/115Single
96C/WP/PS/116Single
97C/WP/PS/114Single
98C/WP/PS/114Single
99C/WP/PS/113Twin
100C/WP/PS/112Single
101C/WP/PS/114Single
102C/WP/PS/114Twin
103C/WP/PS/112Single
104C/WP/PS/112Single
105C/WP/PS/212Single
106C/WP/PS/213Single
107C/WP/PS/213Single
108C/WP/PS/213Single
109C/WP/PS/213Single
110C/WP/PS/212Single
111C/WP/PS/212Twin
112C/WP/PS/215Single
113C/WP/PS/213Single
114C/WP/PS/215Single
115C/WP/PS/214Single
116C/WP/PS/215Twin
117C/WP/PS/212Twin
118C/WP/PS/214Single
119C/WP/PS/212Single
120C/WP/PS/315Twin
121C/WP/PS/313Single
122C/WP/PS/314Single
123C/WP/PS/314Single
124C/WP/PS/312Single
125C/WP/PS/312Single
126C/WP/PS/312Twin
127C/WP/PS/314Twin
128C/WP/PS/314Twin
129C/WP/PS/312Single
130C/WP/PS/312Twin
131C/WP/PS/312Single
132C/WP/PS/312Single
133C/WP/PS/312Single
134C/WP/PS/312Single
135C/WP/PS/415Single
136C/WP/PS/415Single
137C/WP/PS/412Twin
138C/WP/PS/412Single
139C/WP/PS/412Single
140C/WP/PS/412Single
141C/WP/PS/413Single
142C/WP/PS/412Single
143C/WP/PS/411Single
144C/WP/PS/412Twin
145C/WP/PS/414Single
146C/WP/PS/412Single
147C/WP/PS/415Single
148C/WP/PS/412Single
149C/WP/PS/414Twin
150C/WP/PS/515Single
151C/WP/PS/512Single
152C/WP/PS/513Single
153C/WP/PS/514Twin
154C/WP/PS/514Twin
155C/WP/PS/515Twin
156C/WP/PS/513Twin
157C/WP/PS/513Single
158C/WP/PS/514Single
159C/WP/PS/517Twin
160C/WP/PS/512Single
161C/WP/PS/510Single
162C/WP/PS/515Single
163C/WP/PS/613Single
164C/WP/PS/612Single
165C/WP/PS/612Single
166C/WP/PS/612Single
167C/WP/PS/612Single
168C/WP/PS/612Single
169C/WP/PS/614Twin
170C/WP/PS/612Single within sleeve
171C/WP/PS/613Single within sleeve
172C/WP/PS/613Single within sleeve
173C/WP/PS/712Single
174C/WP/PS/713Twin
175C/WP/PS/712Single
176C/WP/PS/713Single
177C/WP/PS/713Single
178C/WP/PS/713Single
179C/WP/PS/715Twin
180C/WP/PS/715Twin
181C/WP/PS/814Twin
182C/WP/PS/812Twin
183C/WP/PS/811Twin
184C/WP/PS/812Twin
185C/WP/PS/812Twin
186C/WP/PS/811Twin
187C/WP/PS/813Twin
188C/WP/PS/811Twin
189C/WP/PS/811Twin
190C/WP/PS/813Twin
191C/WP/PS/914Twin
192C/WP/PS/912Twin
193C/WP/PS/911Twin
194C/WP/PS/911Twin
195C/WP/PS/911Twin
196C/WP/PS/911Twin
197C/WP/PS/914Twin
198C/WP/PS/912Twin
199C/WP/PS/912Twin
200C/WP/PS/912Twin
201C/WP/PS/914Twin
202C/WP/PS/913Twin
203C/WP/PS/913Twin

Stages of authorised development

4.—(1) No authorised development may commence until a written scheme setting out all the stages of the authorised development has been submitted to and approved by the relevant planning authority, after consultation with the relevant highway authority.

(2) Written notice of the commencement and completion of each stage of the authorised development and the operational use of that part of the authorised development shall be given to the relevant planning authority and relevant highway authority within 10 business days of the relevant event occurring.

Restrictions on the limits of deviation

5.—(1) Excluding poles 155 and 203, no pole shall move more than 5m from its location (as shown on the works plans).

(2) The electric line shall not move outside the limits of deviation.

(3) Notwithstanding the approved works plans C/WP/PS/3 and C/WP/PS/5 and subject to Requirement 5 (5) there shall be no deviation of poles 126, 127, 128, 154 and 155 from their positions, or access to those poles, without the prior written consent of the relevant planning authority.

(4) Pole 76 shall not be deviated closer to Bryn Meusydd than shown on works plan A/WP/PS/7.

(5) Pole 155 may deviate up to 25m from its location (as shown on the works plans) and within the Order limits provided any deviation is agreed in writing with the landowner.

Restrictions on the limits of deviation near hedgerows and watercourses

6.—(1) Notwithstanding Requirement 4, poles sited in accordance with the agreed limits of deviation must maintain a minimum distance of 2m from the nearest hedgerow and 7m from the nearest watercourse. No stays should be placed within hedgerows.

(2) Pole 98 shall not be microsited south of its location as shown on drawing no. 15/WPD/020 (sheet 1 of 10).

Protection of private water supplies

7.  The underground sections of poles 170, 171 and 172 shall be placed within a concrete sleeve.

HDD drill depths and construction periods

8.—(1) The horizontal directional drill (HDD) under the River Towy shall be a minimum depth of 5m below the river bed and a minimum of 1.5m below other watercourses.

(2) The HDD under the bed of the River Towy referred to in Requirement 8 (1) shall not take place between 1st April and 30th June in any calendar year.

Highway accesses

9.—(1) No stage of the authorised development is to commence until written details of the design, layout and subsequent removal (to include the restoration of land) of any new temporary means of access or any new permanent means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The highway accesses must be constructed in accordance with the approved details under paragraph (1).

Public rights of way

10.—(1) No stage of the authorised development that would affect any right of way specified in the public rights of way management strategy is to commence until a written implementation plan and specification for the temporary diversion of a right of way has, after consultation with the relevant planning authority and highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The right of way diversion must be constructed in accordance with the approved plan in paragraph (1).

Fencing and other means of enclosure

11.—(1) No stage of the authorised development must commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure within the Order limits have, after consultation with the relevant planning authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) Any fences or other means of enclosure approved in accordance with sub-paragraph (1) must remain secure during construction of the authorised development, in accordance with the approved details, unless otherwise approved in writing by the relevant planning authority.

(3) Any temporary fencing must be removed on completion of the construction of the authorised development.

Contaminated land and groundwater

12.—(1) In the event that contamination is found at any time when carrying out the authorised development that was not previously identified it must be reported in writing immediately to the relevant planning authority. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the relevant planning authority in consultation with Natural Resources Wales. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the relevant planning authority in consultation with Natural Resources Wales.

(2) Where remediation is required, a detailed remediation scheme to bring the site to a condition suitable for the intended use must be prepared, and submitted for the written approval of the relevant planning authority in consultation with Natural Resources Wales.

(3) The approved remediation scheme must be carried out in accordance with its terms unless otherwise approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

(4) Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

Archaeology

13.—(1) No stage of the authorised development shall commence until a written scheme for the investigation of archaeology consistent with the archaeological written scheme of investigation is submitted to and approved by the relevant planning authority.

(2) Any archaeological works or watching brief carried out under the scheme must be by a suitably qualified person or body approved by the relevant planning authority.

(3) Any archaeological works or watching brief must be carried out in accordance with the approved scheme, unless otherwise agreed in writing by the relevant planning authority.

Plans

14.  Subject to article 5 (limits of deviation) and any of the other Requirements, the authorised development shall be carried out in accordance with the plans or other documents certified in accordance with article 33 (certification of plans).

Habitat management plan

15.  Prior to the commencement of any stage of works in areas identified within the habitat management plan, a final habitat management plan consistent with the habitat management plan shall be submitted to and approved by the relevant planning authority. The authorised development shall be implemented, maintained and monitored in accordance with the approved final habitat management plan. Informed by the results of the monitoring, the plan shall be reviewed for a period up to five years by the undertaker in consultation with the relevant planning authority. Any recommendations or modifications to be made to the plan as a result of the review shall be agreed in writing with the relevant planning authority and implemented.

Trees to be affected

16.  A protocol shall be prepared, submitted to and approved by the relevant planning authority for the identification of trees to be affected by the authorised development. The protocol shall require information on the species and dimensions of the tree(s) to be affected and the nature of the works to be undertaken to be provided to the relevant planning authority for prior approval a minimum of two weeks before the works commence to such trees. Works shall be undertaken to the affected trees in accordance with the approved protocol.

Lighting

17.  Details of lighting required to illuminate working areas, including construction compounds shall be submitted to and agreed in writing by the relevant planning authority prior to its first use. The lighting shall be directional and shall not spill onto watercourses, riparian corridors, residential properties or gardens.

Construction traffic management plan

18.—(1) No numbered work of the authorised development other than tree felling is to commence until a final CTMP covering that numbered work has been submitted to and approved by the relevant planning authority in consultation with the Department for Transport of the Welsh Government. The final CTMP must be consistent with the CTMP and shall include proposals for the movement of construction traffic including measures to promote sustainable travel. It shall also include—

(a)site access and traffic management;

(b)a routing strategy for construction traffic;

(c)the location and means of temporary road closure;

(d)the management of public rights of way consistent with the Public Rights of Way Management Strategy;

(e)other management matters including conditions surveys and wheel and street cleaning.

(2) The final CTMP approved under paragraph (1) must be implemented as approved.

Temporary bridge

19.  Prior to its installation, details showing the location, structural design and appearance of the temporary bridge shall be submitted to and approved by the relevant planning authority. The bridge shall be removed and the land reinstated to the satisfaction of the relevant planning authority within one month following the completion of the cable undergrounding.

Construction hours

20.—(1) Subject to sub-paragraphs (2) and (3) construction work must not take place other than between 0700 and 1900 hours, Monday to Friday and 0700 to 1300, Saturday and at no time on bank holidays and Sundays.

(2) Drilling operations must not take place other than between 0700 and 1700 hours on Mondays to Fridays.

(3) Protective netting of scaffolding and its subsequent removal across highways may occur outside of the construction hours.

(4) Stringing of the line across the highway may be undertaken outside of the construction hours subject to the prior written approval of the relevant planning authority.

Construction environmental management plan

21.—(1) No authorised development is to commence until a final CEMP has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The final CEMP must be in accordance with the CEMP and must include the following during construction—

(a)a waste management plan;

(b)a pollution prevention and emergency response plan;

(c)a water management plan; and

(d)a dust management plan and an invasive weeds management plan.

(2) All construction works must be undertaken in accordance with the CEMP approved under paragraph (1).

Restoration of land used temporarily for construction

22.  Any land within the Order limits which is used temporarily for construction is to be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the construction of the authorised development, or such further time as may be approved in writing by the relevant planning authority.

Requirement for written approval

23.  Where under any of the Requirements the approval or agreement of the relevant planning authority or another person is required, the matter that requires approval or agreement must be submitted in writing, and that approval or agreement is to be given in writing.

Frac-out contingency plan

24.—(1) Prior to the commencement of undergrounding works within Work No. 2, a final frac-out contingency plan consistent with the frac-out contingency plan shall be submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The final frac-out contingency plan shall include—

(a)the persons responsible for implementing the measures to be set out within the plan:

(b)design protocols and measures to be implemented for the protection of sensitive ecological receptors;

(c)confirmation of the suitability of the formations to be drilled;

(d)measures to monitor the drilling process for frac-out; and

(e)the measures to be initiated to protected sensitive ecological receptors should frac-out occur.

(2) The final frac-out contingency plan must be implemented as approved.

Decommissioning

25.  Should the authorised development become redundant (as determined by the undertaker) for operational purposes the undertaker shall submit to the relevant planning authority a decommissioning and restoration plan for its prior written approval. The decommissioning and restoration plan shall be implemented as approved and the decommissioning of the authorised development and the restoration works shall be completed within 24 months following the approval of the decommissioning and restoration plan.

Flooding

26.  No authorised development is to commence within areas identified as being at risk of flooding in the flood consequence assessment until a flood risk management strategy and a flood evacuation plan has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales. The works shall be implemented in accordance with the approved strategy and plan.

Foundation Depths

27.  The foundation depths of the above ground electric line poles hereby approved shall not exceed 2.7m measured from natural ground level.

Hedgerows

28.  The width of individual hedgerows to be removed shall be restricted to a maximum width of 8m within Work No. 2 and 6m within Work No. 1 and Work No. 3. The hedgerow within Work No 2 shall be translocated and reinstated.

Otter Surveys

29.—(1) Prior to the commencement of Work No. 1 within the Nant Morlais Woodland and prior to the commencement of Work No. 2 pre-construction otter surveys shall be undertaken and the results submitted to the relevant planning authority in consultation with Natural Resources Wales.

(2) Work No. 1 within the Nant Morlais Woodland shall not commence and Work No. 2 shall not commence until either the absence of otters is confirmed or the mitigation proposed is agreed by the relevant planning authority in consultation with Natural Resources Wales and implemented.

Marsh Fritillary Study

30.—(1) Prior to the commencement of the section of Work No. 3 shown on works plans Section C Drawing Number C/WP/PS/5 in areas where food plants for marsh fritillary butterfly larvae are present, a pre-construction marsh fritillary butterfly study, the methodology for which shall be determined in consultation with Natural Resources Wales, shall be undertaken to establish the presence or absence of marsh fritillary where food plants for marsh fritillary butterfly larvae are present within that area and the results submitted to the relevant planning authority and Natural Resources Wales.

(2) The section of Work No. 3 shown on works plans Section C Drawing Number C/WP/PS/5 in areas where food plants for marsh fritillary butterfly larvae are present shall not commence until either the absence of marsh fritillary is confirmed or the mitigation proposed is agreed by the relevant planning authority in consultation with Natural Resources Wales and implemented.

Approved plans and amendments to approved plans

31.—(1) Where a Requirement requires the authorised development to be carried out in accordance with a plan, scheme, statement, strategy, details or protocol (the “plan”) approved by the relevant planning authority or Natural Resources Wales, the approved plan must be taken to include any amendments that may be approved subsequently by the relevant planning authority or Natural Resources Wales (after consulting every person required to be consulted before approval of the original plan).

(2) The relevant planning authority or Natural Resources Wales must not approve the plan or an amendment to the plan unless it is satisfied that the plan or the amendment is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

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