The North Wales Wind Farms Connection Order 2016

Article 3

SCHEDULE 1 AUTHORISED DEVELOPMENT

A nationally significant infrastructure project, as defined in sections 14(b) and 16 of the 2008 Act comprising the construction and installation of a 132kV electric line above ground, approximately 17.4 km in length, including up to 225 double wood pole supports consisting of 3 phased conductors, overhead and underground earthwire and protection and control cable comprising—

in the County of Denbighshire—

Work No. 1A—

(a) the construction and installation of a double wood pole 132kV above ground electric line, approximately 9.6 km in length, including up to 4 permanent supporting stays for each double wood pole support extending up to 19 m from the central point of the support together with foundations and all modifications required to any support to facilitate a change in angle of the electric line, commencing in the vicinity of the gantries at the new collector substation to be built at Clocaenog Forest, breaking for each section of Work No. 1B and terminating at a terminal structure south of Glascoed Road, B5381, and more particularly shown on sheet 1 to sheet 8 and sheet 12 to sheet 13 on the works plans; and

(b) the construction and installation of a terminal structure with up to 6 permanent supporting stays south of Glascoed Road, B5381.

Work No. 2A—

(a) site preparation works and site clearance (including fencing, felling and vegetation removal);

(b) earthworks (including soil stripping and storage and site levelling);

(c) works to alter the position of existing services;

(d) establishment of temporary laydown and storage area, temporary vehicle parking and construction fencing;

(e) establishment of winching points and the installation of scaffolding;

(f) tree and hedgerow planting;

(g) landscaping and ecological measures to replace trees, hedgerows and other vegetation that has been removed during construction;

(h) temporary and permanent means of access and trackways;

(i) drainage works and temporary culverts; and

(j) works to streets and any alteration, removal or installation of road furniture required to facilitate the construction of temporary accesses.

Work No. 3A development comprising landscaping to mitigate any adverse effects of the maintenance or use of the authorised development together with means of access.

Work No. 4 development comprising establishment of a temporary site construction compound including means of access, soil stripping and storage, creation of hard standing, vehicle parking, perimeter enclosure, security fencing, storage areas, construction related buildings, welfare facilities, construction lighting, drainage, bunding for fuel storage tanks and internal tracks.

in the County Borough of Conwy—

Work No. 1B development comprising the construction and installation of a double wood pole 132kV electric line above ground, approximately 7.8 km in length, including up to 4 permanent supporting stays for each double wood pole support extending up to 19 m from the central point of the support together with foundations and all modifications required to any support to facilitate a change in angle of the electric line, commencing at Pandy Wood (sheet 5 of the works plans), breaking for each section of Work No. 1A and terminating at the River Elwy (sheet 12 of the works plans) and more particularly shown on sheet 5 to sheet 6 and sheet 8 to sheet 12 on the works plans.

Work No. 2B—

(a) site preparation works and site clearance (including fencing, felling and vegetation removal;

(b) earthworks (including soil stripping and storage and site levelling);

(c) works to alter the position of existing services;

(d) establishment of temporary laydown and storage area, temporary vehicle parking and construction fencing;

(e) establishment of winching points and the installation of scaffolding;

(f) tree and hedgerow planting;

(g) landscaping and ecological measures to replace trees, hedgerows and other vegetation that has been removed during construction;

(h) temporary and permanent means of access and trackways;

(i) drainage works and temporary culverts; and

(j) works to streets and any alteration, removal or installation of road furniture required to facilitate the construction of temporary accesses.

Work No. 3B development comprising landscaping to mitigate any adverse effects of the maintenance or use of the authorised development together with means of access.

Article 3

SCHEDULE 2 REQUIREMENTS

Interpretation

1.  In this Schedule—

“Broadleys compound” means the construction compound located on plot 53B and shown on sheet 7 of the land plans;

“core working hours” means Monday to Friday between 0700 and 1900 hours during the months of March to October and 0730 to 1730 or during daylight hours, whichever is the shorter, during the months of January to February and November to December and 0700 and 1300 hours on Saturday with no works to take place on Sundays and bank or public holidays;

“daylight hours” means the hours during which construction activities can be undertaken without the use of artificial lighting;

“decommissioning and site restoration scheme” means a plan that sets out details of the decommissioning and removal of numbered works 1A and 1B, the restoration of the land and the timeframe for completion of those works;

“ecological management plan” means the ecological management plan to be submitted to the relevant planning authority pursuant to Requirement 13;

“felling” means any felling or lopping undertaken pursuant to article 31 (felling or lopping of trees and removal of hedgerows) of this Order;

“HGVs” means goods vehicles weighing greater than 3.5 tonnes (gross);

“landscape planting” means new trees, shrubs and other soft landscaping to be located on the land shown coloured dark green and the land shown cross-hatched green on the land plans;

“new tree” means a tree that is not a replacement tree for a tree that has been removed as a result of the construction of the authorised development on the land shown coloured yellow and land shown coloured blue on the land plans (but excluding any such land shown cross-hatched green on the land plans);

“outline construction environmental management plan” means the document with reference 6.18 v.4 and certified by the Secretary of State and includes—

(a)

the outline ecological management plan (document reference 6.18D v3);

(b)

the outline hedgerow management plan (document reference 6.18C v4);

(c)

the outline traffic management plan (document reference 6.18E v2);

“outline landscape management plan” means the plan annexed at appendix 7.6 of the environmental statement (document reference 6.20.6 v2);

“planning consent” means any of the following—

(a)

planning permission granted under Part 3 of the 1990 Act;

(b)

development consent granted under the 2008 Act;

(c)

consent granted under the Electricity Act 1989; or

(d)

planning permission granted under the Town and Country Planning (Development Management Procedure) Order 1995(1);

“reinstatement planting” means the reinstatement of the vegetation that has been removed to enable the construction of the authorised development on the land shown coloured yellow and the land shown coloured blue on the land plans (but excluding any such land shown cross-hatched green on the land plans);

“relevant design principles” means the design principles in section 2.2 of the design and construction report (document reference 7.1);

“stage” means 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 (stages of authorised development); and

“wind farms” means the wind farms known as—

(a)

Nant Bach approved under planning permission DC/0/35170 or such other planning consent replacing it or amending it;

(b)

Derwydd Bach approved under planning permission 04/2007/0964/WF or such other planning consent replacing it or amending it;

(c)

Clocaenog Forest approved under The Clocaenog Forest Wind Farm Order 2014(2) or such other planning consent replacing it or amending it; and

(d)

Brenig approved under planning permission 25/2007/0565/WF or such other planning consent replacing it or amending it.

Time limits

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

Detailed Design

3.—(1) The authorised development must be carried out in accordance with the approved plans, inclusive of any limits of deviation, bearing the references listed below and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authority pursuant to any Requirement—

Works plans	Submission document reference number 2.3.0-2.3.13 Option B (revision 0)
Access and rights of way plans	Submission document reference number 2.4.0-2.4.13 Option B (revision 0)
Section drawings	Submission document reference number 2.7.0-2.7.29 Option B (revision P7)
Compound layout drawing	Submission document reference number 2.7.30 (revision 1)

(2) Subject to article 4 (limits of deviation), the authorised development must be carried out in accordance with the parameters specified below—

Building or Structure	Maximum height Above Existing Ground Level (metres)	Minimum height Above Existing Ground Level (metres)
Double wood pole (each pole)	16.4	10.8
Terminal structure (cable connection)	15.8	11.8
Terminal structure (gantry)	14.7	12.7

(3) Any part of the authorised development must be designed substantially in accordance with the relevant design principles.

Stages of authorised development

4.—(1) No authorised development is to 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, such scheme to include the following details—

(a) confirmation whether the authorised development is to be carried out in a single stage or multiple stages;

(b) if multiple stages, the chronological order of such stages; and

(c) the date of commencement of each stage.

(2) The authorised development must be carried out in accordance with the approved scheme.

Landscaping

5.—(1) No stage of the authorised development is to commence until a written landscaping scheme for that stage, in respect of landscape planting, which is substantially in accordance with the outline landscape management plan and the planting principles contained in the ecological management plan, has been submitted to and approved by the relevant planning authority. The landscaping scheme must include details of the landscape planting, including—

(a) location, number, species, size and planting density of any landscape planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) vehicular and pedestrian access, parking and circulation areas;

(d) implementation timetable for the landscape planting; and

(e) details of a maintenance regime for the landscape planting.

(2) The written landscaping scheme must not be submitted to the relevant planning authority pursuant to sub-paragraph (1) until consultation on the written landscaping scheme has been carried out with the owners of the land on which the landscape planting is proposed to be located and the undertaker must have regard to the consultation responses received.

(3) With respect to the landscaping scheme(s) approved under sub-paragraph (1), the undertaker may submit to the relevant planning authority for approval any amendments to such approved scheme(s) provided always that the approved landscaping scheme(s) (as may be amended under this sub-paragraph) remains substantially in accordance with the outline landscape management plan and the planting principles contained in the ecological management plan and includes the details listed in sub-paragraph (1).

(4) The landscape planting must be planted and maintained in accordance with the landscaping scheme(s) as approved under this Requirement.

Dying, diseased, damaged planting

6.  Notwithstanding the maintenance regime to be approved pursuant to Requirement 5 and Requirement 7, where any tree or shrub planted as part of the landscaping scheme under Requirement 5 or the reinstatement planting plan under Requirement 7 (including new trees), is removed, dies or becomes seriously damaged or diseased, within a period of 5 years from the date of completion of the stage of landscape planting or reinstatement planting within which it is planted, it must be replaced by the undertaker in the first available planting season with a specimen of the same species and size as that originally planted.

Reinstatement planting

7.—(1) The reinstatement planting must not include any new trees except by agreement with the owner of the land on which the reinstatement planting is to be carried out.

(2) No reinstatement planting which is to contain a new tree pursuant to the terms of Requirement 7(1) is to be carried out until a reinstatement planting plan has been submitted to and approved by the relevant planning authority. The reinstatement planting plan must include details of the new trees being introduced including—

(a) location, number, species, size and planting density of the new trees;

(b) cultivation, importing of materials and other operations to ensure tree establishment;

(c) details of the maintenance regime; and

(d) implementation timetable for reinstatement planting.

(3) With respect to the reinstatement planting plan approved under sub-paragraph (2), the undertaker may submit to the relevant planning authority for approval any amendments to such approved plan provided always that the approved plan (as may be amended under this sub-paragraph) includes the details listed in sub-paragraph (2).

(4) The new trees planted pursuant to this Requirement must be planted and maintained in accordance with the reinstatement planting plan as approved under this Requirement.

Felling

8.—(1) All felling must be undertaken in accordance with the relevant guidance specified in paragraph (2) and NRW best practice (as amended from time to time).

(2) The relevant guidance is—

(a) The UK Forestry Standard (“UKFS”);

(b) UKFS Guidelines – Forests and Water (2011);

(c) UKFS Guidelines – Forests and Soil (2011);

(d) UKFS Guidelines – Forests and Biodiversity (2011); and

(e) UKFS Guidelines – Forests and Historic Environment (2011).

Highway works

9.—(1) No work to construct or alter any permanent or temporary means of access to a highway to be used by vehicular traffic must commence until, following consultation with the relevant highway authority, written details of the design and layout of that means of access has been submitted to and approved by the relevant highway authority.

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

Construction Hours

10.—(1) Subject to sub-paragraphs (2) and (3), construction work must not take place other than during the core working hours.

(2) The following operations must only take place between 0900 and 1700 hours Monday to Friday and excluding bank or public holidays—

(a) piling;

(b) excavator and hydraulic jack hammer operations; and

(c) HGV deliveries to and from Broadleys compound.

(3) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—

(a) the installation and removal of protective netting across highways or watercourses;

(b) only at Broadleys compound, the completion of operations commenced during the core working hours which cannot safely be stopped; and

(c) only at Broadleys compound, start up and close down activities up to one hour either side of core working hours.

(4) No artificial lighting is to be used in carrying out the construction of the authorised development other than at Broadleys compound.

Contaminated land and groundwater

11.—(1) In the event that contamination is found at any time when carrying out the authorised development, it must be reported in writing immediately to the relevant planning authority and the carrying out of that part of the authorised development affected by such contamination must cease immediately. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination within the Order limits and whether or not it originates within the Order limits, such scheme to be submitted to and approved by the relevant planning authority, after consulting with NRW. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced and submitted to and approved by the relevant planning authority, after consulting with NRW.

(2) Where remediation is required pursuant to the approved investigation and risk assessment, a detailed remediation scheme to bring the relevant land to a condition suitable for the intended use must be prepared, and submitted for the written approval of the relevant planning authority.

(3) The approved remediation scheme must be carried out in accordance with its terms.

(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.

(5) Where the carrying out of any part of the authorised development has ceased pursuant to sub-paragraph (1) the undertaker may only recommence the carrying out of that part of the authorised development following—

(a) where remediation is required pursuant to the approved investigation and risk assessment for contamination affecting that part, the completion of measures pursuant to sub-paragraph (4); or

(b) in all other cases the approval of the investigation and risk assessment pursuant to sub-paragraph (2).

Archaeology

12.—(1) No stage of the authorised development is to commence until, following consultation with the Clwyd-Powys Archaeological Trust and the relevant planning authority, for that stage, a written scheme setting out the methodology for a watching brief over areas of archaeological interest has been submitted to and approved by the relevant planning authority.

(2) The scheme must identify areas where a watching brief is required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

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

(4) Any watching brief must be carried out in accordance with the approved scheme.

Construction Environmental Management Plan

13.—(1) No stage of the authorised development is to commence until, following consultation with NRW, the highways authority and the relevant planning authority, a construction environmental management plan for that stage, which is substantially in accordance with the outline construction environmental management plan, has been submitted to and approved by the relevant planning authority, after consulting with NRW. The construction environmental management plan must include measures to minimise impacts of construction works and must include but not be limited to the following plans—

(a) an ecological management plan including but not limited to method statements for sensitive habitats and species;

(b) hedgerow management plan including but not limited to principles to be followed for hedgerow removal and reinstatement;

(c) a traffic management plan including but not limited to the following—

(i) details of haulage routes for HGVs to use to deliver materials to the authorised development;

(ii) communication of the routes to drivers of HGVs;

(iii) details of timing for deliveries;

(iv) proposals for assessing the existing condition of affected highways; and

(v) details for making good any incidental damage to highways by construction traffic associated with the authorised development.

(2) The authorised development must be carried out in accordance with the construction environmental management plan as approved under this Requirement.

Piling

14.—(1) No stage of the authorised development which requires piling activities must commence until a piling method statement for that stage of the authorised development has been submitted to and approved by the relevant planning authority.

(2) Piling must be carried out in accordance with the approved piling method statement.

Restoration of land used temporarily for construction

15.—(1) No land within the Order limits that is to be used temporarily for construction is to be used until a photographic condition survey has been carried out and submitted to and approved by the relevant planning authority.

(2) Any land within the Order limits which is used temporarily for construction must be reinstated to its former condition as identified on the photographic condition survey, or such condition as the relevant planning authority may approve, within six months of the date of final commissioning of the authorised development (or such other period as may be agreed with the owner of the land) and the relevant planning authority shall be notified in writing upon reinstatement.

Requirement for written approval

16.  Where under any of the above Requirements, the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Decommissioning

17.—(1) Not less than 12 months before the date set out in Requirement 19 (expiry of development consent), a decommissioning and site restoration scheme must be submitted to the relevant planning authority for its approval.

(2) The decommissioning and site restoration scheme must include provision for—

(a) a timetable for the implementation and completion of the decommissioning and site restoration scheme;

(b) removal of works 1A and 1B;

(c) the restoration of the Order land;

(d) a methodology for the ecological management of sensitive habitats during the decommissioning and restoration works;

(e) a methodology for the management of traffic during the decommissioning and restoration works; and

(f) a decommissioning environmental management plan, which is, where relevant to the proposed works, substantially in accordance with the construction environmental management plan approved in accordance with Requirement 13.

(3) Decommissioning and restoration must be completed in accordance with the approved decommissioning and site restoration scheme within the period set out in the approved scheme.

Decommissioning Environmental Management Plan

18.—(1) No stage of the authorised development is to be decommissioned until, following consultation with NRW, the highways authority and the relevant planning authority, a decommissioning environmental management plan for that stage has been submitted to and approved by the relevant planning authority, after consultating with NRW. The decommissioning environmental management plan must include measures to minimise impacts of decommissining works and must include but not be limited to the following plans—

(a) an ecological management plan including but not limited to method statements for sensitive habitats and species;

(b) hedgerow management plan including but not limited to principles to be followed for hedgerow reinstatement;

(c) a traffic management plan including but not limited to the following—

(i) details of haulage routes for HGVs to use to deliver materials to or remove materials from the authorised development;

(ii) communication of the routes to drivers of HGVs;

(iii) details of timing for deliveries or removals;

(iv) proposals for assessing the existing condition of affected highways; and

(v) details for making good any incidental damage to highways by construction traffic associated with decommissioning the authorised development.

(2) The decommissioning of the authorised development must be carried out in accordance with the decommissioning environmental management plan as approved under this Requirement.

Expiry of development consent

19.  The development consent granted by this Order expires 30 years after the date of this Order.

Requirements for written approval, etc.

20.—(1) Where under any of the above Requirements the approval or agreement of the relevant planning authority or any other party is required, that approval or agreement must be provided in writing.

(2) Where under any of the above Requirements a written scheme is required it shall be accompanied by such illustrations as are necessary and appropriate in the circumstances.

Approved plans and amendments to approved plans.

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

(2) The relevant planning authority 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.

Article 9

SCHEDULE 3 STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

PART 1 PERMANENT ALTERATION OF LAYOUT

Table 1

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Denbighshire	Access track from Leger Bach	Modify the existing tarmacked track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points AZ1/AZ2 and BA to provide temporary access to numbered work 1A during construction.
Conwy	Access track from Leger Bach	Modify the existing tarmacked track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points BA to BB to provide temporary access to numbered work 1B during construction.
Denbighshire	Lon Llewelyn (A453)	Extend existing access comprising part of numbered work 4 and shown on the access and rights of way plans (sheet 7) between points AQ1 and AQ2 to provide temporary access to numbered work 4 during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track from A543 to Broadleys Farm	Modify the existing track comprising part of numbered works 4 and shown on the access and rights of way plans (sheet 7) between points AQ1/2 and AR to provide temporary access to numbered work 4 during construction.
Conwy	Henllan to Llannefydd Road	Upgrade existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BY1 and BY2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Access track from Henllan to Llannefydd Road	Modify the existing stoned track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BY1/2 and BZ to provide temporary access to numbered work 1B during construction.
Conwy	Bontnewydd Road	Extend existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CJ1 and CJ2 to provide temporary access to numbered work 1B during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Access track from Bontnewydd Road	Modify the existing stoned track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CJ1/2 and CK to provide temporary access to numbered work 1B during construction.
Conwy	Henllan to Llannefydd Road	Upgrade existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 12) between points CN1 and CN2 to provide temporary access to numbered work 1B during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Access track from Henllan to Llannefydd Road	Modify the existing stoned track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 12) between points CN1/2 and CQ to provide temporary access to numbered work 1B during construction.

PART 2 TEMPORARY ALTERATION OF LAYOUT

Table 2

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
Denbighshire	Hafodty Ddu Road	Creation of new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points A and B to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Hafodty Ddu Road	Creation of new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points A and B to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Hafodty Ddu Road	Extend existing western access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points C1 and C2 to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Hafodty Ddu Road	Extend existing eastern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points C2 and C3 to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track from Hafodty Ddu Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points C1/C2 and D to provide temporary access to numbered work 1A during construction.
Denbighshire	Access track from Hafodty Ddu Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points C2/C3 and E to provide temporary access to numbered work 1A during construction.
Denbighshire	Hafodty Ddu Road	Creation of new western access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points J and K to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Hafodty Ddu Road	Creation of new eastern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) between points J and K to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Hafodty Ddu Road	Creation of new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) between points L1 and L2 to provide temporary access to numbered work 1A during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track from Hafodty Ddu Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) between points L1/L2 and M to provide temporary access to numbered work 1A during construction.
Denbighshire	Nantglyn to Saron Road (B5435)	Creation of new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) between points P and Q to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Nantglyn to Saron Road (B5435)	Creation of new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) between points P and Q to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Bwlch Road	Extend existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) between points T2 and U1 to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Bwlch Road	Upgrade existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) between points T2 and U1 to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Prion Road	Extend existing access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) between points X1 and X2 to provide temporary access to numbered work 1A during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track off Prion Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) between pointsX1/X2 and Y to provide temporary access to numbered work 1A during construction.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	Extend existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 4) between points AB1 and AB2 to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	Extend existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 4) between points AD1 and AD2 to provide temporary access to numbered work 1A during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track off Denbigh to Cerrigydrudion Road (B4501)	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 4) between pointsAD1/AD2 and AE to provide temporary access to numbered work 1A during construction.
Denbighshire	Denbigh to Nantglyn Road	Creation of new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 5) between points AH1 and AH2 to provide temporary access to numbered work 1A during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track off Denbigh to Nantglyn Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 5) between points AH1/AH2 and AI to provide temporary access to numbered work 1A during construction.
Denbighshire	Denbigh to Nantglyn Road	Creation of new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 5) between points AJ and AK to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	Extend existing eastern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points AO and AP to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	Upgrade existing western access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points AO and AP to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Lon Llewelyn (A543)	Extend existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points AU2 and AV to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Lon Llewelyn (A543)	Extend existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points AV and AW to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Lon Llewelyn (A543)	Creation of new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points AU2 and AV to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Lon Llewelyn (A543)	Creation of new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points AV and AW to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track from Lon Llewelyn (A543)	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points AX1/AX2 and AY to provide temporary access to numbered work 1A during construction.
Denbighshire	Access track from Leger Bach	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points BC and BB to provide temporary access to numbered work 1A during construction.
Conwy	Access track from Leger Bach	Creation of temporary stoned track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) between points BB and BD to provide temporary access to numbered work 1B during construction.
Denbighshire	Access track from Leger Bach	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) between points BD and BE to provide temporary access to numbered work 1A during construction.
Conwy	Henllan to Groes Road (B5428)	Creation of new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) between points BH and BI2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Groes Road (B5428)	Creation of new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) between points BH and BI2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Eriviat Bach Road	Creation of new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) between points BJ and BK2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Eriviat Bach Road	Creation of new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) between points BJ and BK2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Llansannan Road (B5382)	Creation of new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 9) between points BN2 and BO to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Llansannan Road (B5382)	Extend existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 9) between points BN2 and BO to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Cefn Berain Road	Extend existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BR1 and BR2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Access track from Henllan to Cefn Berain Road	Creation of temporary stoned track comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BR1/BR2 and BS to provide temporary access to numbered work 1B during construction.
Conwy	Henllan to Cefn Berain Road	Extend existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BT2 and BU to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Cefn Berain Road	Extend existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BT2 and BU to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Cefn Berain to Bontnewydd Road	Extend existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BV and BW2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Cefn Berain to Bontnewydd Road	Creation of new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points BV and BW2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Llannefydd Road	Creation of new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) between points CD1 and CD2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Llannefydd Road	Upgrade existing eastern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CB2 and CE1 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Henllan to Llannefydd Road	Extend existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CB1 and CA1 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Bontnewydd Road	Upgrade existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CF and CG to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Bontnewydd Road	Upgrade existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CF and CG to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Conwy	Bontnewydd Road	Extend existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) between points CH and CI2 to provide temporary access to numbered work 1B during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	Creation of new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) between points CR and CS to provide temporary access to numbered work 1A during construction.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	Extend existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) between points CR and CS to provide temporary access to numbered work 1A during construction. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Groesffordd Marli to Glascoed Road	Extend existing access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) between points CT1 and CT2 to provide temporary access to numbered work 1A during construction and for maintenance. Comprising, where required, of the installation of new or improved street surface, white lining, removal of vegetation including hedgerows and replacement of vegetation including hedgerows.
Denbighshire	Access track from Groesffordd Marli to Glascoed Road	Creation of temporary stoned track comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) between points CT1/CT2 and CU to provide temporary access to numbered work 1A during construction.

Article 10

SCHEDULE 4 STREETS SUBJECT TO STREET WORKS

Table 3

(1) Area	(2) Street subject to street works
Denbighshire	Hafodty Ddu Road
Denbighshire	Access tracks off Hafodty Ddu Road
Denbighshire	Nantglyn to Saron Road (B5435)
Denbighshire	Bwlch Road
Denbighshire	Prion Road
Denbighshire	Access track off Prion Road
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)
Denbighshire	Access track off Denbigh to Cerrigydrudion Road (B4501)
Denbighshire	Denbigh to Nantglyn Road
Denbighshire	Access track off Denbigh to Nantglyn Road
Conwy	Ffordd Gwaenynog (Bodeiliog Road)
Conwy	Lon Llewelyn (A543)
Denbighshire	Lon Llewelyn (A543)
Conwy	Access tracks off Lon Llewelyn (A543)
Denbighshire	Access tracks off Lon Llewelyn (A543)
Denbighshire	Access track off Lon Llewelyn (A543) to Broadleys Farm
Conwy	Henllan to Groes Road (B5428)
Conwy	Eriviat Bach Road
Conwy	Henllan to Llansannan Road (B5382)
Conwy	Henllan to Cefn Berain Road
Conwy	Access track off Henllan to Cefn Berain Road
Conwy	Cefn Berain to Bontnewydd Road
Conwy	Henllan to Llannefydd Road
Conwy	Access track off Henllan to Cefn Berain Road
Conwy	Bontnewydd Road
Conwy	Access track off Henllan to Llannefydd Road
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road
Denbighshire	Groesffordd Marli to Glascoed Road
Denbighshire	Access track off Groesffordd Marli to Glascoed Road

Article 11

SCHEDULE 5 ACCESS

PART 1 THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE EXPENSE OF THE UNDERTAKER

Table 4

(1) Area	(2) Street	(3) Description of relevant part of access
Denbighshire	Hafodty Ddu Road	The new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points A and B.
Denbighshire	Hafodty Ddu Road	The new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points A and B.
Denbighshire	Hafodty Ddu Road	The extension of the existing western access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points C1 and C2.
Denbighshire	Hafodty Ddu Road	The extension of the existing eastern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points C2 and C3.
Denbighshire	Hafodty Ddu Road	The new western access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points J and K.
Denbighshire	Hafodty Ddu Road	The new eastern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 1) hatched green between points J and K.
Denbighshire	Hafodty Ddu Road	The new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) hatched green between points L1 and L2.
Denbighshire	Nantglyn to Saron Road (B5435)	The new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) hatched green between points P and Q.
Denbighshire	Nantglyn to Saron Road (B5435)	The new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 2) hatched green between points P and Q.
Denbighshire	Bwlch Road	The extension of existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) hatched green between points T2 and U1.
Denbighshire	Bwlch Road	The upgrade of existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) hatched green between points T2 and U1.
Denbighshire	Prion Road	The extension of an existing access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 3) hatched green between points X1 and X2.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	The extension of the existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 4) hatched green between points AB1 and AB2.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	The extension of the existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 4) hatched green between points AD1 and AD2.
Denbighshire	Denbigh to Nantglyn Road	The new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 5) hatched green between points AH1 and AH2.
Denbighshire	Denbigh to Nantglyn Road	The new access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 5) hatched green between points AJ and AK.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The extension of the existing eastern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) hatched blue between points AO and AP.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The upgrade of the existing western access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) hatched blue between points AO and AP.
Conwy	Lon Llewelyn (A543)	The extension of the existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) hatched blue between points AU2 and AV.
Conwy	Lon Llewelyn (A543)	The new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 6) hatched blue between points AU2 and AV.
Denbighshire	Lon Llewelyn (A543)	The extension of the existing southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) hatched green between points AV and AW.
Denbighshire	Lon Llewelyn (A543)	The new northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 6) hatched green between points AV and AW.
Denbighshire	Lon Llewelyn (A543)	The extension of the existing access comprising part of numbered works 4 and shown on the access and rights of way plans (sheet 7) hatched green between points AQ1 and AQ2.
Conwy	Henllan to Groes Road (B5428)	The new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) hatched blue between points BH and BI2.
Conwy	Henllan to Groes Road (B5428)	The new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) hatched blue between points BH and BI2.
Conwy	Eriviat Bach Road	The new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) hatched blue between points BJ and BK2.
Conwy	Eriviat Bach Road	The new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 8) hatched blue between points BJ and BK2.
Conwy	Henllan to Llansannan Road (B5382)	The new southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 9) hatched blue between points BN2 and BO.
Conwy	Henllan to Llansannan Road (B5382)	The extension of the existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 9) hatched blue between points BN2 and BO.
Conwy	Henllan to Cefn Berain Road	The extension of the existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BR1 and BR2.
Conwy	Henllan to Cefn Berain Road	The extension of the existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BT2 and BU.
Conwy	Henllan to Cefn Berain Road	The extension of the existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BT2 and BU.
Conwy	Cefn Berain to Bontnewydd Road	The extension of the existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BV and BW2.
Conwy	Cefn Berain to Bontnewydd Road	The new northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BV and BW2.
Conwy	Henllan to Llannefydd Road	The upgrade to existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points BY1 and BY2.
Conwy	Henllan to Llannefydd Road	The new access north comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 10) hatched blue between points CD1 and CD2.
Conwy	Henllan to Llannefydd Road	The upgrade to existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CB2 and CE1.
Conwy	Henllan to Llannefydd Road	The extension of the existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CB1 and CA1.
Conwy	Bontnewydd Road	The upgrade to existing southern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CF and CG.
Conwy	Bontnewydd Road	The upgrade to existing northern access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CF and CG.
Conwy	Bontnewydd Road	The extension of the existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CH and CI2.
Conwy	Bontnewydd Road	The extension of the existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 11) hatched blue between points CJ1 and CJ2.
Conwy	Henllan to Llannefydd Road	The upgrade to existing access comprising part of numbered works 2B and shown on the access and rights of way plans (sheet 12) hatched blue between points CN1 and CN2.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The new southern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) hatched green between points CR and CS.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The extension of the existing northern access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) hatched green between points CR and CS.
Denbighshire	Groesffordd Marli to Glascoed Road	The extension of the existing access comprising part of numbered works 2A and shown on the access and rights of way plans (sheet 13) hatched green between points CT1 and CT2.

PART 2 THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE

Table 5

(1) Location	(2) Street	(3) Description of relevant part of access
Denbighshire	Hafodty Ddu Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 1) hatched green between points A and B following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 1) hatched green between points A and B following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the western access shown on the access and rights of way plans (sheet 1) hatched green between points C1 and C2 following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 1) hatched green between points C2 and C3 following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the western access shown on the access and rights of way plans (sheet 1) hatched green between points J and K following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 1) hatched green between points J and K following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 2) hatched green between points L1 and L2 following the completion and installation of numbered work 1A.
Denbighshire	Nantglyn to Saron Road (B5435)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 2) hatched green between points P and Q following the completion and installation of numbered work 1A.
Denbighshire	Nantglyn to Saron Road (B5435)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 2) hatched green between points P and Q following the completion and installation of numbered work 1A.
Denbighshire	Bwlch Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 3) hatched green between points T2 and U1 following the completion and installation of numbered work 1A.
Denbighshire	Bwlch Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 3) hatched green between points T2 and U1 following the completion and installation of numbered work 1A.
Denbighshire	Prion Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 3) hatched green between points X1 and X2 following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 4) hatched green between points AB1 and AB2 following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 4) hatched green between points AD1 and AD2 following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Nantglyn Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 5) hatched green between points AH1 and AH2 following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Nantglyn Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 5) hatched green between points AJ and AK following the completion and installation of numbered work 1A.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 6) hatched blue between points AO and AP following the completion and installation of numbered work 1B.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The restoration works restoring the western access shown on the access and rights of way plans (sheet 6) hatched blue between points AO and AP following the completion and installation of numbered work 1B.
Conwy	Lon Llewelyn (A543)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 6) hatched blue between points AU2 and AV following the completion and installation of numbered work 1B.
Conwy	Lon Llewelyn (A543)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 6) hatched blue between points AU2 and AV following the completion and installation of numbered work 1B.
Denbighshire	Lon Llewelyn (A543)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 6) hatched green between points AV and AW following the completion and installation of numbered work 1A.
Denbighshire	Lon Llewelyn (A543)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 6) hatched green between points AV and AW following the completion and installation of numbered work 1A.
Conwy	Henllan to Groes Road (B5428)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 8) hatched blue between points BH and BI2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Groes Road (B5428)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 8) hatched blue between points BH and BI2 following the completion and installation of numbered work 1B.
Conwy	Eriviat Bach Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 8) hatched blue between points BJ and BK2 following the completion and installation of numbered work 1B.
Conwy	Eriviat Bach Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 8) hatched blue between points BJ and BK2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llansannan Road (B5382)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 9) hatched blue between points BN2 and BO following the completion and installation of numbered work 1B.
Conwy	Henllan to Llansannan Road (B5382)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 9) hatched blue between points BN2 and BO following the completion and installation of numbered work 1B.
Conwy	Henllan to Cefn Berain Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 10) hatched blue between points BR1 and BR2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Cefn Berain Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 10) hatched blue between points BT2 and BU following the completion and installation of numbered work 1B.
Conwy	Henllan to Cefn Berain Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched blue between points BT2 and BU following the completion and installation of numbered work 1B.
Conwy	Cefn Berain to Bontnewydd Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 10) hatched blue between points BV and BW2 following the completion and installation of numbered work 1B.
Conwy	Cefn Berain to Bontnewydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched blue between points BV and BW2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched blue between points CD1 and CD2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched blue between points CB2 and CE1 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched blue between points CB1 and CA1 following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 11) hatched blue between points CF and CG following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 11) hatched blue between points CF and CG following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched blue between points CH and CI2 following the completion and installation of numbered work 1B.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 13) hatched green between points CR and CS following the completion and installation of numbered work 1A.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 13) hatched green between points CR and CS following the completion and installation of numbered work 1A.
Denbighshire	Groesffordd Marli to Glascoed Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 13) hatched green between points CT1 and CT2 following the completion and installation of numbered work 1A.

PART 3 THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

Table 6

(1) Area	(2) Street	(3) Description of the relevant part of access
Denbighshire	Hafodty Ddu Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 1) hatched red between points A and B following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 1) hatched red between points A and B following the completion and installation of numbered work 1A.
Denbighshire	Access track from Hafodty Ddu Road	The restoration works restoring the western access shown on the access and rights of way plans (sheet 1) hatched red between points C1/C2 and D following the completion and installation of numbered work 1A.
Denbighshire	Access track from Hafodty Ddu Road	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 1) hatched red between points C2/C3 and E following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the western access shown on the access and rights of way plans (sheet 2) hatched red between points J and K following the completion and installation of numbered work 1A.
Denbighshire	Hafodty Ddu Road	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 2) hatched red between points J and K following the completion and installation of numbered work 1A.
Denbighshire	Access track from Hafodty Ddu Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 2) hatched red between points L1/L2 and M following the completion and installation of numbered work 1A.
Denbighshire	Nantglyn to Saron Road (B5435)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 2) hatched red between points P and Q following the completion and installation of numbered work 1A.
Denbighshire	Nantglyn to Saron Road (B5435)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 2) hatched red between points P and Q following the completion and installation of numbered work 1A.
Denbighshire	Bwlch Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 3) hatched red between points T2 and U1 following the completion and installation of numbered work 1A.
Denbighshire	Bwlch Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 3) hatched red between points T2 and U1 following the completion and installation of numbered work 1A.
Denbighshire	Access track from Hafodty Ddu Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 3) hatched red between points X1/X2 and Y following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	The restoration works restoring the access shown on the access and rights of way plans (sheet 4) hatched red between points AB1 and AB2 following the completion and installation of numbered work 1A.
Denbighshire	Access track from Denbigh to Cerrigydrudion Road (B4501)	The restoration works restoring the access shown on the access and rights of way plans (sheet 4) hatched red between points AD1/AD2 and AE following the completion and installation of numbered work 1A.
Denbighshire	Access track from Denbigh to Nantglyn Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 5) hatched red between points AH1/AH2 and AI following the completion and installation of numbered work 1A.
Denbighshire	Denbigh to Nantglyn Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 5) hatched red between points AJ and AK following the completion and installation of numbered work 1A.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The restoration works restoring the eastern access shown on the access and rights of way plans (sheet 6) hatched pink between points AO and AP following the completion and installation of numbered work 1B.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	The restoration works restoring the western access shown on the access and rights of way plans (sheet 6) hatched pink between points AO and AP following the completion and installation of numbered work 1B.
Denbighshire	Lon Llewelyn (A543)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 6) hatched red between points AU2 and AW following the completion and installation of numbered work 1A.
Denbighshire	Lon Llewelyn (A543)	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched red between points AV and AW following the completion and installation of numbered work 1A.
Conwy	Lon Llewelyn (A543)	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched pink between points AU2 and AV following the completion and installation of numbered work 1B.
Denbighshire	Access track from Lon Llewelyn (A543)	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched red between points AX1/AX2 and AY following the completion and installation of numbered work 1A.
Denbighshire	Access track from Leger Bach	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched red between points BC and BB following the completion and installation of numbered work 1A.
Conwy	Access track from Leger Bach	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched pink between points BB and BD following the completion and installation of numbered work 1B.
Denbighshire	Access track from Leger Bach	The restoration works restoring the access shown on the access and rights of way plans (sheet 6) hatched red between points BD and BE following the completion and installation of numbered work 1A.
Conwy	Henllan to Groes Road (B5428)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 8) hatched pink between points BH and BI2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Groes Road (B5428)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 8) hatched pink between points BH and BI2 following the completion and installation of numbered work 1B.
Conwy	Eriviat Bach Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 8) hatched pink between points BJ and BK2 following the completion and installation of numbered work 1B.
Conwy	Eriviat Bach Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 8) hatched pink between points BJ and BK2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llansannan Road (B5382)	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 9) hatched pink between points BN2 and BO following the completion and installation of numbered work 1B.
Conwy	Henllan to Llansannan Road (B5382)	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 9) hatched pink between points BN2 and BO following the completion and installation of numbered work 1B.
Conwy	Access track from Henllan to Cefn Berain Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 10) hatched pink between points BR1/BR2 and BS following the completion and installation of numbered work 1B.
Conwy	Henllan to Cefn Berain Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 10) hatched pink between points BT2 and BU following the completion and installation of numbered work 1B.
Conwy	Henllan to Cefn Berain Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched pink between points BT2 and BU following the completion and installation of numbered work 1B.
Conwy	Cefn Berain to Bontnewydd Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 10) hatched pink between points BV and BW2 following the completion and installation of numbered work 1B.
Conwy	Cefn Berain to Bontnewydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched pink between points BV and BW2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 10) hatched pink between points CD1 and CD2 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched pink between points CB2 and CE1 following the completion and installation of numbered work 1B.
Conwy	Henllan to Llannefydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched pink between points CB1 and CA1 following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 11) hatched pink between points CF and CG following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 11) hatched pink between points CF and CG following the completion and installation of numbered work 1B.
Conwy	Bontnewydd Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 11) hatched pink between points CH and CI2 following the completion and installation of numbered work 1B.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The restoration works restoring the southern access shown on the access and rights of way plans (sheet 13) hatched red between points CR and CS following the completion and installation of numbered work 1A.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	The restoration works restoring the northern access shown on the access and rights of way plans (sheet 13) hatched red between points CR and CS following the completion and installation of numbered work 1A.
Denbighshire	Access track from Groesffordd Marli to Cefn Meiriadog Road	The restoration works restoring the access shown on the access and rights of way plans (sheet 13) hatched red between points CT1/CT2 to CU following the completion and installation of numbered work 1A.

PART 4 THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

Table 7

(1) Area	(2) Street	(3) Description of the relevant part of access
Denbighshire	Access track from Leger Bach	The modified existing tarmacked track shown on the access and rights of way plans (sheet 6) hatched red between points AZ1/AZ2 to BA following the cessation of its use for the construction of numbered work 1A.
Conwy	Access track from Leger Bach	The modified existing tarmacked track shown on the access and rights of way plans (sheet 6) hatched pink between points BA to BB following the cessation of its use for the construction of numbered work 1B.
Denbighshire	Access track from A543 to Broadleys Farm	The modified existing track shown on the access and rights of way plans (sheet 7) hatched red between points AQ1/AQ2 to AR following the cessation of its use for the construction of numbered work 1A.
Conwy	Access track from Henllan to Llannefydd Road	The modified existing stoned track shown on the access and rights of way plans (sheet 10) hatched pink between points BY1/BY2 and BZ following the cessation of its use for the construction of numbered work 1B.
Conwy	Access track from Bontnewydd Road	The modified existing stoned track shown on the access and rights of way plans (sheet 11) hatched pink between points CJ1/CJ2 and CK following the cessation of its use for the construction of numbered work 1B.
Conwy	Access track from Henllan to Llannefydd Road	The modified existing stoned track shown on the access and rights of way plans (sheet 12) hatched pink between points CN1/CN2 and CQ following the cessation of its use for the construction of numbered work 1B.

Article 12

SCHEDULE 6 TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY

Table 8

(1) Area	(2) Street or public right of way	(3) Extent of temporary prohibition or restriction of use of streets or public right of way
Denbighshire	Hafodty Ddu Road	Prohibition/restriction From the points marked A to B on the access and rights of way plans (sheet 1), being approximately 120 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Hafodty Ddu Road	Prohibition/restriction From the points marked C1 to C3 on the access and rights of way plans (sheet 1), being approximately 37 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 51 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Management of access to public right of way from the points marked F to G as shown on the access and rights of way plans (sheet 1), being approximately 35 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 52 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Temporary closure from the points marked H to I as shown on the access and rights of way plans (sheet 1), being approximately 38 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Hafodty Ddu Road	Prohibition/restriction From the points marked J to K on the access and rights of way plans (sheet 1), being approximately 150 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Hafodty Ddu Road	Prohibition/restriction From the points marked L1 to L2 on the access and rights of way plans (sheet 2), being approximately 36 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 53 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Management of access to public right of way from the points marked N to O as shown on the access and rights of way plans (sheet 2), being approximately 34 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Nantglyn to Saron Road (B5435)	Prohibition/restriction From the points marked P to Q on the access and rights of way plans (sheet 2), being approximately 98 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 23 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Temporary closure from the points marked R to S as shown on the access and rights of way plans (sheet 3), being approximately 195 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Bwlch Road	Prohibition/restriction From the points marked T1 to T2 on the access and rights of way plans (sheet 3), being approximately 104 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Bwlch Road	Prohibition/restriction From the points marked T2 to U1 on the access and rights of way plans (sheet 3), being approximately 76 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Bwlch Road	Prohibition/restriction From the points marked U1 to U2 on the access and rights of way plans (sheet 3), being approximately 10 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 22 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Temporary closure from the points marked V to W as shown on the access and rights of way plans (sheet 3), being approximately 58 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Prion Road	Prohibition/restriction From the points marked X1 to X2 on the access and rights of way plans (sheet 3), being approximately 35 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 21 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Management of access to public right of way from the points marked Z to AA as shown on the access and rights of way plans (sheet 4), being approximately 79 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	Prohibition/restriction From the points marked AB1 to AB2 on the access and rights of way plans (sheet 4), being approximately 82 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	Prohibition/restriction From the points marked AB2 to AC on the access and rights of way plans (sheet 4), being approximately 18 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Denbigh to Cerrigydrudion Road (B4501)	Prohibition/restriction From the points marked AD1 to AD2 on the access and rights of way plans (sheet 4), being approximately 35 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 26 in the Parish of Llanrhaeadr-yng-Nghinmeirch	Prohibition/restriction Management of access to public right of way from the points marked AF to AG as shown on the access and rights of way plans (sheet 4), being approximately 118 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Denbigh to Nantglyn Road	Prohibition/restriction From the points marked AH1 to AH2 on the access and rights of way plans (sheet 5), being approximately 25 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Denbigh to Nantglyn Road	Prohibition/restriction From the points marked AJ to AK on the access and rights of way plans (sheet 5), being approximately 97 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 54 in the Parish of Denbigh	Prohibition/restriction Temporary closure from the points marked AN to AM as shown on the access and rights of way plans (sheet 5), being approximately 45 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 80	Prohibition/restriction Temporary closure from the points marked AL to AN as shown on the access and rights of way plans (sheet 5), being approximately 43 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Ffordd Gwaenynog (Bodeiliog Road)	Prohibition/restriction From the points marked AO to AP on the access and rights of way plans (sheet 6), being approximately 102 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 79	Prohibition/restriction Management of access to public right of way from the points marked AS to AT as shown on the access and rights of way plans (sheet 6), being approximately 37 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Lon Llewelyn (A543)	Prohibition/restriction From the points marked AU1 to AU2 on the access and rights of way plans (sheet 6), being approximately 32 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Lon Llewelyn (A543)	Prohibition/restriction From the points marked AU2 to AV on the access and rights of way plans (sheet 6), being approximately 78 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Lon Llewelyn (A543)	Prohibition/restriction From the points marked AV to AW on the access and rights of way plans (sheet 6), being approximately 74 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Lon Llewelyn (A543)	Prohibition/restriction From the points marked AX1 to AX2 on the access and rights of way plans (sheet 6), being approximately 33 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Lon Llewelyn (A543)	Prohibition/restriction From the points marked AZ1 to AZ2 on the access and rights of way plans (sheet 6), being approximately 17 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Lon Llywelyn	Prohibition/restriction From the points marked AQ1 to AQ2 on the access and rights of way plans (sheet 7), being approximately 28 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Footpath 65 in the Parish of Denbigh	Prohibition/restriction Management of access to public right of way from the points marked BF to BG as shown on the access and rights of way plans (sheet 8), being approximately 63 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Groes Road (B5428)	Prohibition/restriction From the points marked BH to BI2 on the access and rights of way plans (sheet 8), being approximately 69 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Groes Road (B5428)	Prohibition/restriction From the points marked BI2 to BI1 on the access and rights of way plans (sheet 8), being approximately 25 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Eriviat Bach Road	Prohibition/restriction From the points marked BJ to BK2 on the access and rights of way plans (sheet 8), being approximately 41 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Eriviat Bach Road	Prohibition/restriction From the points marked BK2 to BK1 on the access and rights of way plans (sheet 8), being approximately 86 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 30	Prohibition/restriction Management of access to public right of way from the points marked BL to BM as shown on the access and rights of way plans (sheet 8), being approximately 86 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llansannan Road (B5382)	Prohibition/restriction From the points marked BN1 to BN2 on the access and rights of way plans (sheet 9), being approximately 23 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llansannan Road (B5382)	Prohibition/restriction From the points marked BN2 to BO on the access and rights of way plans (sheet 9), being approximately 87 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 49	Prohibition/restriction Temporary closure from the points marked BP to BQ as shown on the access and rights of way plans (sheet 9), being approximately 68 metres. Purpose of the prohibition/restriction Temporary closure of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Cefn Berain Road	Prohibition/restriction From the points marked BR1 to BR2 on the access and rights of way plans (sheet 10), being approximately 39 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Cefn Berain Road	Prohibition/restriction From the points marked BT2 to BU on the access and rights of way plans (sheet 10), being approximately 83 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Cefn Berain Road	Prohibition/restriction From the points marked BT1 to BT2 on the access and rights of way plans (sheet 10), being approximately 35 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Cefn Berain to Bontnewydd Road	Prohibition/restriction From the points marked BV to BW2 on the access and rights of way plans (sheet 10), being approximately 95 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Cefn Berain to Bontnewydd Road	Prohibition/restriction From the points marked BW2 to BW1 on the access and rights of way plans (sheet 10), being approximately 25 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked BY1 to BY2 on the access and rights of way plans (sheet 10), being approximately 35 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CD1 to CD2 on the access and rights of way plans (sheet 10), being approximately 103 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CB2 to CE1 on the access and rights of way plans (sheet 11), being approximately 61 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CB1 to CA1 on the access and rights of way plans (sheet 11), being approximately 73 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CA1 to CA2 on the access and rights of way plans (sheet 11), being approximately 85 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CB1 to CC on the access and rights of way plans (sheet 11), being approximately 17 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 34	Prohibition/restriction Management of access to public right of way from the points marked CB1 to CE2 as shown on the access and rights of way plans (sheet 11), being approximately 95 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Bontnewydd Road	Prohibition/restriction From the points marked CF to CG on the access and rights of way plans (sheet 11), being approximately 58 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Bontnewydd Road	Prohibition/restriction From the points marked CH to CI2 on the access and rights of way plans (sheet 11), being approximately 38 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Bontnewydd Road	Prohibition/restriction From the points marked CI2 to CI1 on the access and rights of way plans (sheet 11), being approximately 35 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Bontnewydd Road	Prohibition/restriction From the points marked CJ1 to CJ2 on the access and rights of way plans (sheet 11), being approximately 33 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 22	Prohibition/restriction Management of access to public right of way from the points marked CL to CM as shown on the access and rights of way plans (sheet 11), being approximately 100 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Conwy	Henllan to Llannefydd Road	Prohibition/restriction From the points marked CN1 to CN2 on the access and rights of way plans (sheet 12), being approximately 34 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Conwy	Llansannan Footpath 22	Prohibition/restriction Management of access to public right of way from the points marked CP to CO as shown on the access and rights of way plans (sheet 12), being approximately 9 metres. Purpose of the prohibition/restriction Management of all or part of the footpath and restriction of the use of the footpath in order to facilitate the construction and installation of the authorised development.
Denbighshire	Groesffordd Marli to Cefn Meiriadog Road	Prohibition/restriction From the points marked CR to CS on the access and rights of way plans (sheet 13), being approximately 100 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.
Denbighshire	Groesffordd Marli to Glascoed Road	Prohibition/restriction From the points marked CT1 to CT2 on the access and rights of way plans (sheet 13), being approximately 28 metres. Purpose of the prohibition/restriction Temporary closure of part of the street and the ability to permit, prohibit, or restrict the stopping, parking, waiting, loading or unloading of vehicles and the provision of the direction of or priority of vehicular traffic to facilitate the construction and installation of the authorised development.

Articles 18 and 37

SCHEDULE 7 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation swet out in this Schedule, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restriction as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) The Land Compensation Act 1973(3) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken” there are substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;

(b) for the word “severance” there are substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and

(d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3.—(1) The 1965 Act has effect for the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired;

(b) the restrictive covenant imposed or to be imposed;

(c) the land over which the right is or is to be exercisable; or

(d) the land over which the restrictive covenant is or is to be applied.

(2) Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restriction with the modifications specified in paragraphs 4 to 8.

4.  For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

5.  For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

“8.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii) where the land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the North Wales Wind Farms Connection Order 2016 (“the Order”) ceases, in relation to that person, to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section must be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily created and acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) is modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on that date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right created and acquired and to continue to be entitled to the benefit of the restrictive covenant imposed, subject to compliance with that section as respects compensation.

Article 27

SCHEDULE 8 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Table 9

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Woodland and track, forming part of Clocaenog Forest situated to the south west of Hafodty Ddu	1A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Woodland and track, forming part of Clocaenog Forest situated to the south west of Hafodty Ddu	1B	Temporary use to fell or lop trees in order to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and fencing situated to the west of Hafodty Ddu	2A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Hafodty Ty Ddu Road (un-named) together with grass embankment, drain and fencing situated to the west of Hafodty Ddu	3A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Hafodty Ty Ddu Road (un-named) together with fencing and grass verge situated to the west of Hafodty Ddu	4A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, gate and track situated to the west of Hafodty Ddu	5A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Fencing and hard standing situated to the west of Hafodty Ddu	5B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, gate and track situated to the west of Hafodty Ddu	6A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and hedgerow situated to the north of Hafodty Ddu	7A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing and trees situated to the north of Hafodty Ddu	8A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, trees, gate and telecommunications lines over situated to the north of Hafodty Ddu	8B	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, trees and part of Public Footpath 51 situated to the north of Hafodty Ddu	9A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, gate, fencing, trees, telecommunications lines over and pole situated to the north of Hafodty Ddu	9B	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing and part of Public Footpath 52 situated to the south west of Bryn Golau	10A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Hafodty Ty Ddu Road (un-named) together with hedgerows, fencing, telecommunications lines over and poles situated to the south west of Bryn Golau	11A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, telecommunications lines over and poles situated to the south west of Bryn Golau	12A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, trees, part of Public Footpath 53, Electricity distribution lines over and pole situated to the east of Bryn Golau	13A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Nantglyn to Saron Road (B5435) together with hedgerows and grass verge situated to the west of Pentre Saron	14A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, trees, electricity distribution lines over, Telecommunications lines over and pole situated to the north west of Pentre Saron	15A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fencing, hedgerows, trees and electricity distribution lines over situated to the north of Pentre Saron	16A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and hedgerow to the north of Pentre Saron	16B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerow, fencing and trees situated to the south of Tan Yr Allt	17A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and hedgerow situated to the south of Tan Yr Allt	17B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerow and fencing situated to the south of Tan Yr Allt	18A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, wooded area and fencing situated to the south east of Tan Yr Allt	18B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, fencing, trees and part of Public Footpath 23, hedgerows and woodland situated to the south east of Tan Yr Allt	19A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, trees, gate and part of Public Footpath 23 situated to the south east of Tan Yr Allt	19B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerows, trees and electricity distribution lines over situated to the south east of Tan Yr Allt	20A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, gate, trees, part of Public Footpath 23 and electricity distribution lines over situated to the north east of Tan Yr Allt	20B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Public adopted highway known as the Bwlch Road (unnamed) together with hedgerows, embankment, electricity distribution lines over, gates and sign for public right of way situated to the east of Tan Yr Allt	21A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, trees and electricity distribution lines over situated to the north east of Tan Yr Allt	22A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, gates, woodland and electricity distribution lines over situated to the north east of Tan Yr Allt	22B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, fencing, trees and part of Public Footpath 22 situated to the south west of Tan Y Garth	23A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, trees, spring, drain and pond situated to the west of Tan Y Garth	24A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, trees, spring and drain situated to the west of Tan Y Garth	24B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land situated to the west of Tan Y Garth	25A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing and trees situated to the west of Tan Y Garth	26A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, trees, stream and part of Public Footpath 21 situated to the south west of Hendy College	27A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and hedgerow situated to the south west of Hendy College	28A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, electricity distribution lines over, telecommunications lines over and pole situated to the south of the B4501 and to the west of Hendy College	29A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fencing, telecommunications lines over and pole situated to the south of the B4501 and to the west of Hendy College	29B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Public adopted highway known as the Denbigh to Cerrigydrudion Road (B4501) together with hedgerows and telecommunications lines over situated to the west of Hendy College	30A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, stream, trees, part of Public Footpath 26, telecommunications lines over and poles situated to the south of Plas Captain	31A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing, stream, trees and part of Public Footpath 26 situated to the south of Plas Captain	31B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land and hedgerow situated to the south of Plas Captain	32A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Denbigh to Nantglyn Road (un-named) together with hedgerow situated to the south of Pandy Wood	33A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as the Denbigh to Nantglyn Road (un-named) together with hedgerow situated to the south of Pandy Wood	34A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fence, hedgerow and woodland known as Pandy Wood situated to the east of River Ystrad	35A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fence and woodland known as Pandy Wood situated to the east of River Ystrad	35B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, fencing, hedgerow and trees situated to the west of Pandy Wood	37A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, woodland and fencing situated to the west of Pandy Wood	37B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerow, fencing, gate, woodland and part of Llansannan Public Footpath 80 situated to the west of Pandy Wood	37C	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, fences, hedgerow, trees and part of Llansannan Public Footpath 54 situated to the north east of Pandy and to the north east of River Ystrad	38A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, trees, fencing and hedgerows situated to the north west of Pandy and to the north of River Ystrad	39A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, trees and fence situated to the north of Pandy and to the north of River Ystrad	39B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows, trees, gate and electricity distribution lines over situated to the south of Bach and to the east of Ffordd Gwaenynog (Bodeiliog Road)	40A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Public adopted highway known as Ffordd Gwaenynog (Bodeiliog Road), hedgerows, gates, telecommunications lines over and pole situated to the south of Bach	41A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, gate, telecommunications lines over and pole situated to the south west of Bach and to the west of Ffordd Gwaenynog (Bodeiliog Road)	42A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, stream, trees and part of Llansannan Public Footpath 79 situated to the west of Bach	43A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fences, trees and electricity distribution lines over situated to the north west of Bach and to the south of the A543	44A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerow situated to the north west of Bach and to the south of the A543	44B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerow and tree situated to the north west of Bach and to the south of the A543	44C	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, fencing, trees and hedgerows situated to the west of Goppa Farm and to the south of the A543	45A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fence and tree situated to the north west of Bach and to the south of the A543	45B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Public adopted highway known as Lon Llewelyn (A543) together with verge, track, hedgerows, gate and county sign	46A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Public adopted highway known as Lon Llewelyn (A543) together with hedgerow and fence	47A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Public adopted highway known as Lon Llewelyn (A543) together with hedgerow	48A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow and gates situated to the north of the A543	49A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, gate and tree situated to the north of the A543	50A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow and fencing situated to the north west of the A543 and to the south west of Beacon Hill	51A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fence and gate situated to the north of the A543	51B	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Private track servicing Eriviat Park situated to the north of the A543	52A	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Private track servicing Eriviat Park situated to the north of the A543	52B	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Private track servicing Eriviat Park, gates, hedgerow and fencing situated to the north of the A543	52E	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing and trees situated to the west of Beacon Hill	53A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, private access, hedgerow, trees and, fencing and hard surface situated to the north west of Broadleys Farm	53B	Temporary use to facilitate construction of the authorised development including but not limited to (1) use as a construction and maintenance compound, working area, lay down and parking areas for all plant, equipment, materials and vehicles; (2) installation, maintenance and removal of any unit, cabin or other structure and all related plant, equipment and machinery; and (3) construction and improvement of existing access track	Numbered work 4
Agricultural land situated to the north west of Beacon Hill	54A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land and tree situated to the north west of Beacon Hill	55A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, stream, hedgerows and trees situated to the east of Eriviat Park	56A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerow, fence and gate situated to the west of Beacon Hill	56B	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerow, fence and gate situated to the west of Beacon Hill	56C	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, stream, hedgerows, trees and part of Public Footpath 65 situated to the east of Eriviat Park	57A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fencing and trees situated to the north east of Eriviat Park	57B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerows, fencing and trees situated to the north east of Eriviat Park	58A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerows, fencing and trees situated to the north east of Eriviat Park	58B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, hedgerow and trees situated to the north east of Eriviat Park	59A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencingand trees situated to the north east of Eriviat Park	59B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as the Henllan to Groes Road (B5428) together with hedgerows, fencing and trees	60A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, trees and stream situated to the south of Eriviat Bach Isa	61A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, culvert under the road and trees situated to the south of Eriviat Bach Isa	61B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as Eriviat Bach Road (un-named) together with hedgerow, trees and culvert under the road situated to the south west of Eriviat Bach Isa	62A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, trees, part of Llansannan Public Footpath 30 and electricity distribution lines over situated to the north west of Eriviat Bach Isa	63A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing and woodland situated to the west of Eriviat Bach Isa	63B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows and trees situated to the south of Caeau Mawr	65A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows and woodland situated to the south of Caeau Mawr	65B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows and trees situated to the south of Gwenallt	66A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows and trees situated to the south of Gwenallt	67A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, stream, trees, electricity distribution lines over, telecommunications lines over and pole situated to the south and to the west of Gwenallt	68A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerow situated to the west of Gwenallt	68B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as the Henllan to Llansannan Road (B5382), telecommunications lines over and poles situated to the south of Hafod Dingle	69A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, gate, trees, electricity distribution lines over and pole situated to the east of Hafod	70A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, trees, wooded area and fencing situated to the east of Hafod	70B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland and steep valley side, knownas Hafod Dingle situated to the south west of Llechryd	71A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland and steep valley side, known as Hafod Dingle situated to the east of Hafod	73A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerow, trees, fencing and part of Llannefydd Public Footpath 49 situated to the north of Hafod Dingle	74A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows, fencing and part of Llannefydd Public Footpath 49 situated to the north of Hafod Dingle	75A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land and hedgerows situated to the north west of Hafod Dingle	76A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, gate, hedgerow, trees and electricity distribution lines over situated to the west of Llechryd Bach	77A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, trees, hedgerows and fencing situated to the north west of Hafod Dingle	77B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land and fence situated to the north west of Llechryd Bach	78A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows and fence situated to the north west of Llechryd Bach	78B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as the Henllan to Cefn Berain Road (un-named) together with hedgerows, telecommunications lines over and poles situated to the north west of Llechryd Bach	79A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, gate, electricity distribution lines over, telecommunications lines over and pole situated to the east of Ty-celyn and to the south west of Berain Farm	80A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing and gate situated to the east of Ty-celyn and to the south west of Berain Farm	80B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as the Cefn Berain to Bontnewydd Road (un-named) together with hedgerows, trees and embankment situated to the west of Berain Farm	81A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, stream, trees, tracks and electricity distribution lines over, Telecommunications lines over and pole situated to the west of Berain Farm	82A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, stream, tracks, trees, telecommunications lines over and pole situated to the west of Berain Farm	82B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, gate and hedgerow situated to the north of Berain Farm	82D	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2B
Public adopted highway known as the Henllan to Llannefydd Road (un-named) and hedgerows situated to the east of Tyddyn Bartley	83A	Temporary use to provide access to facilitate construction of the authorised development	Part of numbered work 2B
Public adopted highway known as the Tyddyn Bartley Road (un-named) situated to the north of Tyddyn Bartley	83B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerows situated to the east of Tyddyn Bartley	84A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerows situated to the east of Tyddyn Bartley	85A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerow situated to the east of Tyddyn Bartley	85B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land situated to the south of Croen Llwm Mawr	86A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerow and fence situated to the south of Croen Llwm Mawr	86B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerow and fence situated to the south of Croen Llwm Mawr	87A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerow and fence situated to the south of Croen Llwm Mawr	87B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Private road, culvert under the road and part of Llannefydd Public Footpath 34 situated to the south of Croen Llwm Mawr	88A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Private road and part of Llannefydd Public Footpath 34 situated to the south of Croen Llwm Mawr	88B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Hedgerow, woodland and stream situated to the south of Croen Llwm Mawr	90A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, wooded area and electricity distribution lines over situated to the west of Croen Llwm Mawr	91A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, woodland, electricity distribution lines over and pole situated to the west of Croen Llwm Mawr	91B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland situated to the west of Croen Llwm Mawr	93A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland situated to the north west of Croen Llwm Mawr	93C	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows, gate and track situated to the north west of Croen Llwm Mawr	94A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, fence and woodland situated to the north west of Croen Llwm Mawr	94B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland and stream situated to the south of Bontnewydd Road and to the east of Tal Y Bryn	96A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Public adopted highway known as Bontnewydd Road together with hedgerows situated to the west of Bryniau Bychain	97A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, wooded area and stream situated to the north of the Bontnewydd Road and to the west of Bryniau Bychain	98A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land and hedgerow situated to the north of the Bontnewydd Road and to the west of Bryniau Bychain	98B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, hedgerows, woodland and tracks situated to the south of the Graig Brook and to the south east of Bodysgaw Isa	99A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, trees and tracks situated to the south of the Graig Brook and to the south east of Bodysgaw Isa	99B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Gravel track forming part of Llannefydd Public Footpath 22 together with agricultural land, part of quarry, electricity distribution lines over and trees situated to the east of Bodysgaw Isa and to the south of the River Elwy	101A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Agricultural land, hedgerows, fencing, part of quarry and woodland situated to the east of Bodysgaw Isa and to the south of the River Elwy	101B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Woodland situated to the east of Bodysgaw Isa and to the south of the River Elwy	102A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B
Woodland situated to the east of Bodysgaw Isa and to the south of the River Elwy	102B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2B and 3B
Agricultural land, trees, hedgerows, electricity distribution lines over, telecommunications lines over and pole situated to the north of the River Elwy and to the west of Coed y Fadir	105A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fencing and woodland situated to the north of the River Elwy and to the west of Coed y Fadir	105B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Public adopted highway known as the Groesffordd Marli to Cefn Meiriadog Road (un-named) and hedgerows, telecommunications line over situated to the east of Plas Hafod	106A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fencing, tree and hedgerows situated to the east of Coed Plas-newydd	107A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fencing and hedgerows situated to the east of Coed Plas-newydd	107B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land, gate, fencing and hedgerows situated to the south of Groesffordd	108A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, fencing and hedgerow situated to the south of Groesffordd	108B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A
Agricultural land and hedgerow situated to the south of Trebanog	111A	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A
Agricultural land, hedgerow, fencing and trees situated to the south of Groesffordd	111B	Temporary use to facilitate construction of the authorised development	Part of numbered work 2A and 3A

Article 29

SCHEDULE 9 PROTECTIVE PROVISIONS

PART 1 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1.—(1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

(2) In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003(4);

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in section 106(1) of the 2003 Act(5);

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

“operator” means the operator of an electronic communications code network.

2.  The exercise of the powers of article 29 (statutory undertakers) is subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984(6) (undertaker’s works).

3.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 40 (arbitration).

4.  This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

5.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 2 FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG

6.  For the protection of DCC referred to in this Part 2 of Schedule 9, the following provisions will, unless otherwise agreed in writing between the undertaker and DCC, have effect.

7.  In this Part of this Schedule—

“acceptable insurance” means a policy of public liability/third party liability insurance effected and maintained by the undertaker and available in the market on commercially reasonable terms having regard (inter alia) to premiums required and the policy terms obtainable, with a level of insurance cover to be agreed between the undertaker and DCC, during the construction of the works pursuant to this Order with a reputable insurer and with DCC named as an insured party under the policy;

“accessories” has the same meaning as that set out in section 219 of the WIA 1991 but also includes any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or surface water and which is part of a sustainable drainage system;

“DCC apparatus” means all apparatus or accessories vested in or belonging to DCC for the purpose of carrying on its statutory undertaking including reservoirs, water treatment works and waste water treatment works;

“clearance area” means the area of land—

(a)

within 3 metres either side of the centre line of any public sewer or public water main that is less than 300mm in diameter;

(b)

within 6 metres either side of a public sewer or public water main where the public sewer or public water main is between 300mm and 600mm in diameter; or

(c)

within 9 metres either side of the centre line of a rising main;

“DCC” means Dŵr Cymru Cyfyngedig, a limited company registered in Wales under Company No. 2366777 and having its registered office at Pentwyn Road, Nelson, Treharris, Mid Glamorgan CF46 6LY or its properly authorised agents or sub-contractors;

“draft specification” means a detailed plan, cross-section and description of the works to be prepared by the undertaker (including, without limitation, a method statement and risk assessment setting out the intention in respect of the works, construction methods and programmes, position of the affected DCC apparatus and intended works and a statement that to the best of the undertaker’s knowledge, and having used all reasonable care and skill to plan the works, the works will not cause damage to the DCC apparatus);

“functions” has the same meaning as in section 219 of the WIA 1991 and includes powers and duties;

“in” in a context referring to DCC apparatus in land includes a reference to DCC apparatus under, over or upon land;

“sustainable drainage system” means any structure designed to receive rainwater and other surface water which structure is to include any feature or aspect of design that is intended to receive or facilitate the receipt of rainwater except a public sewer or a natural watercourse;

“WIA 1991” means the Water Industry Act 1991(7) as amended; and

“works” means any works forming part of the authorised development in, on, over or under any land purchased, held, or used under this Order that are near to, or will or may in any way affect any DCC apparatus together with all ancillary actions relating hereto.

8.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any DCC apparatus or its accessories or override or extinguish any easement or other interest of DCC or acquire any land or other interest of DCC identified in the book of reference or create any new rights over the same otherwise than by agreement with DCC in accordance with the provisions of this Schedule.

(2) Sub-paragraph (1) does not apply to the powers conferred on the undertaker by this Order to interfere temporarily with DCC’s rights to access DCC apparatus or accessories but subject always to each sub-paragraph of paragraphs 12 and 13 of this Part and to the undertaker giving DCC 28 days’ notice of such interference.

Precedence of the WIA 1991

9.—(1) Regardless of any provision of this Order and this Schedule the undertaker must comply fully with all provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus and nothing in this Order releases the undertaker from the requirement to comply with the provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus, including without limitation—

(a) sections 41 to 44 of the WIA 1991 in respect of water main requisitions;

(b) section 45 of the WIA 1991 in respect of any connections to a water main;

(c) sections 98 to 101 of the WIA 1991 in respect of sewer requisitions;

(d) section 102 of the WIA 1991 in respect of the adoption of sewers and disposal works;

(e) section 104 of the WIA 1991 in respect of the adoption of any sewers, drains or sewage disposal works as part of the development;

(f) sections 106 to 109 of the WIA 1991 in respect of any connections to public sewers;

(g) section 111 of the WIA 1991 in respect of the restrictions on use of public sewers;

(h) sections 158 and 159 of the WIA 1991 in respect of statutory rights of access to DCC apparatus;

(i) section 174 of the WIA 1991 in respect of offences of interference with works etc;

(j) section 178 of the WIA 1991 in respect of obstruction of sewerage works etc; and

(k) section 185 of the WIA 1991 in respect of the removal, diversion or alteration of DCC apparatus.

(2) The arbitration provisions at article 40 or specified in this Schedule do not apply where DCC uses a warrant of entry in accordance with the provisions of the WIA 1991.

Protection of DCC apparatus

10.—(1) Not less than 28 days before starting the execution of any works that are within the clearance area or will, or could reasonably foreseeably affect, any DCC apparatus the removal or alteration of which has not been required by the undertaker under paragraph 9(1)(k), the undertaker must submit to DCC written notice together with a draft specification.

(2) DCC must examine the draft specification submitted under sub-paragraph (1) and give its written consent or proposed amendments (each not to be unreasonably withheld or delayed) to the draft specification (including the proposed commencement date and anticipated completion date) within 28 days from the date of receipt (and in the event of amendments the process in this sub-paragraph (2) must be repeated where those amendments are not accepted). For the avoidance of doubt, DCC’s proposed amendments may include such reasonable requirements for the alteration (including but not limited to the extension of DCC apparatus) or otherwise for the protection of DCC apparatus, or for securing access to it.

(3) Once approved under sub-paragraph (2), the draft specification is to be the specification and the works must be executed only in accordance with the specification and such reasonable requirements as may be made in accordance with sub paragraph (2) and DCC is entitled to watch and inspect the execution of those works.

(4) Nothing in this paragraph 10 precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a draft specification instead of the draft specification previously submitted, and having done so the provisions of this paragraph 10 apply to and in respect of the new draft specification.

(5) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency provided it has complied with sub-paragraph (8) below save that the undertaker must comply with sub-paragraphs (1) and (3) above in so far as is reasonably practicable in the circumstances.

(6) DCC may opt to carry out any temporary and/or protective works specified under sub-paragraph (2) to DCC apparatus, and if DCC opts to do so it must—

(a) agree the scope and timings of the works with the undertaker (and the undertaker must not unreasonably withhold or delay its agreement to the same);

(b) provide an invoice together with supporting evidence of the estimated costs of the works on the basis of which it must agree with the undertaker the reasonable costs of the works to be met by the undertaker;

(c) following agreement and payment of the costs, DCC must as soon as reasonably practicable carry out and complete the works; and

(d) notify the undertaker immediately in writing upon completion of the temporary and/or protective works.

(7) Only those contractors that satisfy DCC’s reasonable health and safety requirements are permitted to make openings into and/or connections with and/or carry out any works on or within any public sewer or drain vested in DCC unless otherwise agreed with DCC.

(8) Only DCC is permitted to make openings into and/or connections with and/or carry out any works on or within any public water main vested in DCC unless otherwise agreed with DCC.

(9) Where DCC apparatus will be affected by the works the undertaker must determine the exact location of DCC apparatus prior to any works being carried out by the undertaker and the undertaker should contact DCC where trial holes are required and such trial holes must be constructed at the undertaker’s expense.

(10) Any affected DCC apparatus which is no longer required by DCC but is not removed must be transferred to the undertaker by way of a deed of transfer from DCC at the undertaker’s expense and on such terms as DCC reasonably requires.

Suspension of works

11.  DCC is entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

(a) the undertaker must procure that it and its contractor(s) and subcontractor(s) are to forthwith suspend or cease the works having due regard to health and safety factors and discuss and agree with DCC the remedial actions required prior to resuming the works;

(b) the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

(c) DCC must submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;

(d) in the event that DCC fails to supply the written notice within 5 days of suspension DCC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works;

(e) DCC must commence, carry out and complete any remedial works pursuant to sub-paragraph (a), as soon as reasonably practicable and DCC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker will be entitled to resume the works; and

(f) DCC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 11.

12.—(1) In the event that either the undertaker or DCC (for the purpose of this paragraph 12 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the development or DCC to carry out its statutory functions, the parties must use reasonable endeavours to cooperate with one another in order to align work streams so to minimise or avoid disruption to the other party’s works. In respect of the references to ‘work’ and ‘works’ in this sub-paragraph (1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 7 of this Part does not apply.

(2) Subject to paragraph 13, differences or disputes arising between the undertaker and DCC under this Schedule must, unless otherwise agreed in writing between the undertaker and DCC, be determined by arbitration in accordance with article 40 (arbitration) of the Order.

Emergency Works

13.—(1) The undertaker is permitted to carry out emergency works provided that it first notifies DCC of the proposed emergency works. For the avoidance of doubt, in the event that DCC suffers any loss, cost or damage as a result of the emergency action taken by the undertaker without prior notification in accordance with this sub-paragraph the indemnity in paragraph 15 is to apply.

(2) DCC must at all times be permitted to carry out any emergency works in relation to its DCC apparatus within the Order Limits in accordance with Part II Schedule 6 WIA 1991.

(3) Emergency works required in order for DCC to fulfil its statutory functions under sub-paragraph (2) are to take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker must reschedule its works accordingly.

(4) In respect of the references to ‘work’ and ‘works’ in this paragraph 13, to the extent that this is ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 7 of this Part does not apply.

Insurance

14.  The undertaker must not commence any works under paragraph 10(1) to this Part unless and until the undertaker has procured acceptable insurance.

Damage to DCC apparatus

15.—(1) Subject to sub-paragraphs (3) to (6), the undertaker is to indemnify and hold harmless DCC against all claims demands costs damages expenses penalties and losses which DCC sustains or becomes liable for in consequence of works under sub-paragraph 10(1) and emergency works under sub-paragraph 13(1) (but only in where such emergency works are carried out by the undertaker without prior notification to DCC in accordance with sub-paragraph 13(1)) to this Part in respect of—

(a) any breach of this Part relating to the performance of the works caused by the actions or default of the undertaker, its contractors, subcontractors, licencees, agents and invitees relating to the performance of the works;

(b) damage to the environment caused by the undertaker during any works including but not limited to pollution and/or contamination; and

(c) any breach of any stipulation or otherwise of any deeds of grant (or any renewal of any of the deeds of grant made on substantially the same terms provided that DCC has supplied the undertaker with a copy of the new document) arising from the works.

(2) Subject to sub-paragraphs (3) to (6), the undertaker is to bear and pay the costs reasonably incurred by DCC in making good damage to DCC apparatus or restoring an interruption in the supply provided by DCC as a direct consequence of the undertaker’s performance of the works under this Part.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of DCC, its officers, servants, contractors or agents.

(4) DCC must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 15 applies. If requested to do so by the undertaker, DCC is to provide an explanation of how the claim has been minimised and mitigated. The undertaker is only liable under this paragraph 15 for claims reasonably incurred by DCC.

(5) Neither the undertaker, nor any of its officers, employees or agents are, in any circumstances whatsoever, liable to DCC for any indirect or consequential loss.

(6) Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and DCC in respect of any DCC apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.

PART 3 FOR THE PROTECTION OF THE RELEVANT PLANNING AUTHORITY

16.—(1) The following provisions shall apply for the protection of the consenting authority unless otherwise agreed in writing between the undertaker and the consenting authority.

(2) In this part of this Schedule—

“consenting authority” means either Denbighshire County Council or Conwy County Borough Council in respect of any work which requires consent under section 23 of the Land Drainage Act 1991(8);

“construction” includes execution, placing, altering, replacing, relaying and removal and excavation, and “construct” and “constructed” shall be construed accordingly;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, and any ancillary works constructed as a consequence of works carried out for drainage purposes;

“emergency” means a situation which—

(a)

is unexpected, involving little or no prior warning, or aspects of which could not have reasonably been predicted in advance;

(b)

is a serious event presenting a risk of harm or damage to people, property or the environment; and

(c)

requires a need for urgent action to address the risk of harm, carry out repairs or prevent a worsening of the situation;

“plans” includes sections, drawings, specifications, calculations and method statements;

“specified work” means a work that is required to be consented under the terms of section 23 of the Land Drainage Act 1991, irrespective of any status as a statutory undertaker under those provisions; and

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.

17.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any interest of the consenting authority or acquire any land or other land interest of the consenting authority identified in the book of reference or create any new rights over the same otherwise than by agreement with the consenting authority in accordance with the provisions of this Schedule.

18.—(1) Before beginning to construct any specified work, the undertaker shall submit to the consenting authority plans of the specified work and such further particulars available to it as the consenting authority may within 28 days of the receipt of the plans reasonably require.

(2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the consenting authority, or determined under sub-paragraph (1).

(3) Any approval of the consenting authority required under this paragraph—

(a) shall not be unreasonably withheld or delayed;

(b) shall be given within 8 weeks of the submission of the plans submitted under sub-paragraph (1) or where the consenting authority has requested further particulars for approval (such request must be made within 2 weeks of receipt of the plans submitted under sub-paragraph (1)) within 8 weeks of the submission of such plans;

(c) shall be deemed to have been given if it is neither given nor refused within 8 weeks of the submission of the plans or receipt of further particulars if such particulars have been required by the consenting authority for approval; and

(d) may be given subject to such reasonable modifications to the plans as the consenting authority may request and such reasonable requirements as the consenting authority may make for the protection of any drainage work or for the protection of watercourse, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

19.  The requirements which the consenting authority may make under paragraph 18 include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works as are reasonably necessary to safeguard any drainage work against damage.

20.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the consenting authority under paragraph 19, shall be constructed—

(a) in accordance with the plans approved or deemed to have been approved under this Schedule; and

(b) the consenting authority shall be entitled by its officer to watch and inspect the construction of such works.

(2) The undertaker shall give to the consenting authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

(3) If the consenting authority shall reasonably require, the undertaker shall construct all or part of the protective works so that they are in place prior to the construction of any specific work.

(4) If any part of a specified work or any protective work required by the consenting authority is constructed otherwise than in accordance with the requirements of this Schedule, the consenting authority may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or (if the undertaker so elects and the consenting authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the consenting authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the consenting authority may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the consenting authority shall not, except in emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

21.—(1) Subject to sub-paragraph (6) the undertaker shall, from the commencement of the construction of the specified works, maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the consenting authority, the consenting authority may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the consenting authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the consenting authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the consenting authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the consenting authority in accordance with these protective provisions the consenting authority may serve written notice requiring the undertaker to cease all or part of the specified works and the undertaker shall cease the specified works or part thereof until it has obtained the consent or complied with the condition unless the cessation of the specified works or part thereof would cause greater damage than compliance with the written notice.

(5) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the consenting authority shall not, except in a case of emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(6) This paragraph does not apply to drainage works which are vested in the consenting authority, or which the consenting authority or another person is liable to maintain and is not proscribed by the powers of the Order from doing so.

22.  If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work is impaired, or that drainage work is otherwise damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the consenting authority and if the undertaker fails to do so, the consenting authority may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

23.  The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the consenting authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

Article 39

SCHEDULE 10 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under Requirements

1.—(1) Where an application has been made to the relevant authority for any consent, agreement or approval required by a Requirement (including agreement or approval in respect of part of a Requirement) included in this Order, the relevant authority must give notice to the undertaker of their decision on the application within—

(a) a period of eight weeks beginning with the day immediately following that on which the application is received by the authority;

(b) a period of eight weeks beginning with the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

(c) such longer period as may be agreed by the undertaker and the relevant authority in writing.

(2) Subject to sub-paragraph (3), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application at the end of that period unless otherwise agreed in writing.

(3) Where an application is made to the relevant authority for any consent, agreement or approval required by Requirements 11 and 13 (including agreement or approval in respect of part of a Requirement), the applicant must at the same time as making the application send a copy of the materials provided in support of the application to NRW and must draw NRW’s attention to the procedure set out in paragraphs 1 to 3 of this Schedule and state that any comments must be provided to the relevant authority within 21 days if they are to be considered by the relevant authority.

(4) Where an application is made to the relevant authority for any consent, agreement or approval required by Requirements 11 and 13 (including agreement or approval in respect of part of a Requirement), the relevant authority is not required to consider comments received from NRW more than 21 days after the date of the application.

(5) Where an application is made to the relevant authority for any consent, agreement or approval required by an article or Requirement included in this Order and the relevant authority intends to consult NRW in relation to that application the undertaker must as soon reasonably practicable comply with any direction from the relevant authority to provide a copy of the materials provided in support of the application to NRW.

Further information

2.—(1) In relation to any part of the application to which this Schedule applies, the relevant authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

(2) In the event that it considers such further information to be necessary the relevant authority must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the relevant authority does not give such notification within this 21 day period it is deemed to have sufficient information to consider the application and thereafter is not entitled to request further information unless otherwise agreed in writing.

(3) Where further information is requested under this paragraph 2 in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 1(1)(b) and this paragraph 2.

Appeals

3.—(1) The undertaker may appeal in the event that—

(a) the relevant authority refuses an application for any consent, agreement or approval required by an article or Requirement included in this Order;

(b) the relevant authority grants an application for any consent, agreement or approval required by an article or Requirement included in this Order subject to conditions; or

(c) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application.

(2) The appeal process is to be as follows—

(a) The undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and NRW (if relevant);

(b) The Secretary of State must appoint a person (“the appointed person”) to consider the appeal and notify the appeal parties and NRW (if relevant) of the identity of the appointed person and the address to which all correspondence for his attention should be sent;

(c) The appointed merson may specific a timetable for the appeal process.

(d) The relevant authority and NRW (if relevant) must submit written representations to the appointed person in respect of the appeal within 26 days of being notified under paragraph 3(2)(b) and ensure that copies of their written representations are sent to each other; and

(e) The undertaker may make any counter-submissions to the appointed person, and if made these must be within 26 days of receipt of written representations pursuant to sub-paragraph (d) above.

(3) If the appointed person considers that further information is required from the undertaker to determine the appeal he may notify the undertaker in writing specifying the further information required and the date by which it should be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the undertaker to the appointed person, the relevant authority and NRW (if relevant) on or before the date specified by the appointed person under paragraph 3(3).

4.  On an appeal under this paragraph, the appointed person may—

(a) dismiss the appeal and affirm the decision of the relevant authority;

(b) where the decision being appealed is a refusal to grant consent, agreement or approval, to allow the appeal and direct the relevant authority to grant consent, agreement or approval;

(c) where the decision being appealed was as to the conditions of any consent, agreement or approval, to vary or quash all or any of the conditions of the consent, agreement or approval;

(d) substistute a decision for that appealed against.

5.—(1) The decision of the appointed person on an appeal is to be final and binding on the parties.

(2) The decision of the appointed person on an appeal may not be challenged except by proceedings for judicial review.

(3) If the appointed person grants approval of an application, that approval is to be taken as if it were an approval granted by the authority in relation to the application.

(4) Subject to subparagraph (5), the undertaker must pay the reasonable costs of the appointed person incurred in deciding the appeal.

(5) On written application by the authority or the undertaker, the appointed person may make a direction as to the costs of the parties to the appeal and of the appointed person, including imposing an obligation on any party to pay all or part of such costs to the party which incurred them.

(6) In considering an application under subparagraph (5) the appointed person must have regard to Welsh Government Circular NAFWC 07/2003 Planning (and analogous) Appeals and Call-in Procedures or any circular or guidance which may from time to time replace it.

6.  In this Schedule—

“relevant authority” means the relevant planning authority, relevant highway authority, traffic authority, street authority, or the owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought;

“appeal documentation” means—

(a)

a statement of the grounds of appeal;

(b)

a copy of any relevant application to the relevant authority;

(c)

a copy of any relevant permit;

(d)

a copy of any relevant correspondence between the undertaker and the relevant authority and/or NRW; and

(e)

a copy of the decision or notice that is the subject of the appeal; and

“appeal parties” means the undertaker and the relevant authority.

Article 31

SCHEDULE 11 REMOVAL OF IMPORTANT HEDGEROWS

Table 10

Area (1)	Important hedgerows shown on Landscaping Plans (2)
Denbighshire	The hedgerow shown between points IH1 – IH2 on sheet 1
Denbighshire	The hedgerow shown between points IH3 – IH4 on sheet 1
Denbighshire	The hedgerow shown between points IH6 – IH6a on sheet 1
Denbighshire	The hedgerow shown between points IH5 – IH6 on sheet 1
Denbighshire	The hedgerow shown between points IH7 – IH8 on sheet 1
Denbighshire	The hedgerow shown between points IH9 – IH10 on sheet 1
Denbighshire	The hedgerow shown between points IH11 – IH12 on sheet 2
Denbighshire	The hedgerow shown between points IH13 – IH14 on sheet 2
Denbighshire	The hedgerow shown between points IH15 – IH15a on sheet 3
Denbighshire	The hedgerow shown between points IH15a – IH16 on sheet 3
Denbighshire	The hedgerow shown between points IH15b – IH15 on sheet 3
Denbighshire	The hedgerow shown between points IH17 – IH18 on sheet 3
Denbighshire	The hedgerow shown between points IH19 – IH20 on sheet 4
Denbighshire	The hedgerow shown between points IH21 – IH22 on sheet 4
Denbighshire	The hedgerow shown between points IH23 – IH24 on sheet 4
Denbighshire	The hedgerow shown between points IH25 – IH26 on sheet 4
Denbighshire	The hedgerow shown between points IH26 – IH27 on sheet 4
Denbighshire	The hedgerow shown between points IH28 – IH29 on sheet 5
Denbighshire	The hedgerow shown between points IH33 – IH34 on sheet 5
Denbighshire	The hedgerow shown between points IH29 – IH30 on sheet 5
Denbighshire	The hedgerow shown between points IH31 – IH32 on sheet 5
Denbighshire	The hedgerow shown between points IH35 – IH36 on sheet 5
Denbighshire and Conwy	The hedgerow shown between points IH37 – IH38 on sheet 5
Denbighshire	The hedgerow shown between points IH38 – IH39 on sheet 5
Conwy	The hedgerow shown between points IH43 – IH44 on sheet 7
Conwy	The hedgerow shown between points IH40 – IH41 on sheet 7
Conwy	The hedgerow shown between points IH41 – IH42 on sheet 7
Conwy	The hedgerow shown between points IH44 – IH45 on sheet 7
Conwy	The hedgerow shown between points IH46 – IH47 on sheet 7
Conwy	The hedgerow shown between points IH48 – IH49 on sheet 7
Denbighshire	The hedgerow shown between points IH50 – IH51 on sheet 7
Denbighshire	The hedgerow shown between points IH52 – IH53 on sheet 7
Denbighshire	The hedgerow shown between points IH54 – IH55 on sheet 7
Denbighshire and Conwy	The hedgerow shown between points IH55 – IH56 on sheet 7
Conwy	The hedgerow shown between points IH56 – IH57 on sheet 7
Conwy and Denbighshire	The hedgerow shown between points IH58 – IH59 on sheet 7
Denbighshire	The hedgerow shown between points IH59 – IH60 on sheet 7
Denbighshire	The hedgerow shown between points IH61– IH62 on sheet 8
Conwy	The hedgerow shown between points IH63 – IH64 on sheet 8
Conwy	The hedgerow shown between points IH65 – IH66 on sheet 8
Conwy	The hedgerow shown between points IH67 – IH68 on sheet 8
Conwy	The hedgerow shown between points IH69 – IH70 on sheet 8
Conwy	The hedgerow shown between points IH70 – IH71 on sheet 8
Conwy	The hedgerow shown between points IH72 – IH73a on sheet 8
Conwy	The hedgerow shown between points IH72 – IH73b on sheet 8
Conwy	The hedgerow shown between points IH74 – IH75 on sheet 9
Conwy	The hedgerow shown between points IH76 – IH77 on sheet 9
Conwy	The hedgerow shown between points IH78 – IH79 on sheet 9
Conwy	The hedgerow shown between points IH80 – IH81 on sheet 9
Conwy	The hedgerow shown between points IH82a – IH83 on sheet 9
Conwy	The hedgerow shown between points IH82 – IH82a on sheet 9
Conwy	The hedgerow shown between points IH84 – IH85 on sheet 9
Conwy	The hedgerow shown between points IH86 – IH87 on sheet 9
Conwy	The hedgerow shown between points IH88 – IH89 on sheet 9 and sheet 10
Conwy	The hedgerow shown between points IH90 – IH91 on sheet 10
Conwy	The hedgerow shown between points IH92 – IH93 on sheet 10
Conwy	The hedgerow shown between points IH94 – IH95 on sheet 10
Conwy	The hedgerow shown between points IH96 – IH97 on sheet 10
Conwy	The hedgerow shown between points IH98 – IH98a on sheet 10
Conwy	The hedgerow shown between points IH98a – IH99 on sheet 10
Conwy	The hedgerow shown between points IH100 – IH101 on sheet 10
Conwy	The hedgerow shown between points IH102 – IH103 on sheet 10
Conwy	The hedgerow shown between points IH106 – IH107 on sheet 10
Conwy	The hedgerow shown between points IH104 – IH105a on sheet 10 and sheet 11
Conwy	The hedgerow shown between points IH104 – IH105b on sheet 10
Conwy	The hedgerow shown between points IH106a – IH107a on sheet 11
Conwy	The hedgerow shown between points IH108 – IH109 on sheet 11
Conwy	The hedgerow shown between points IH112 – IH113 on sheet 11
Conwy	The hedgerow shown between points IH110 – IH111 on sheet 11
Conwy	The hedgerow shown between points IH114 – IH115 on sheet 11
Conwy	The hedgerow shown between points IH116 —IH117 on sheet 11
Conwy	The hedgerow shown between points IH118 – IH119 on sheet 11
Denbighshire	The hedgerow shown between points IH120 – IH121 on sheet 12 and sheet 13
Denbighshire	The hedgerow shown between points IH122 – IH123 on sheet 13
Denbighshire	The hedgerow shown between points IH124 – IH125 on sheet 13
Denbighshire	The hedgerow shown between points IH126 – IH127 on sheet 13
Denbighshire	The hedgerow shown between points IH128 – IH129 on sheet 13
Denbighshire	The hedgerow shown between points IH130 – IH132 on sheet 13
Denbighshire	The hedgerow shown between points IH129 – IH130 on sheet 13
Denbighshire	The hedgerow shown between points IH130 – IH131 on sheet 13

Article 36

SCHEDULE 12 DOCUMENTS TO BE CERTIFIED

The Book of Reference listed below—

Table 11

Application Document No. (1)	Document Description (2)
4.3	Parts 1-5 Option B v2
4.3 Option B v2 (addendum)	Addendum to the Book of Reference Option B Version 2
4.3 Option B v 3 (addendum)	Addendum to the Book of Reference - Option B Version 3

The Land Plans listed below—

Table 12

Application Document No. (1)	Document Description (2)
2.2.0	Overall Location Plan and Master Key Plan Option B v1
2.2.1	Sheet 1 Option B v1
2.2.2	Sheet 2 Option B v1
2.2.3	Sheet 3 Option B v1
2.2.4	Sheet 4 Option B v1
2.2.5	Sheet 5 Option B v1
2.2.6	Sheet 6 Option B v1
2.2.7	Sheet 7 Option B v1
2.2.8	Sheet 8 Option B v1
2.2.9	Sheet 9 Option B v1
2.2.10	Sheet 10 Option B v1
2.2.11	Sheet 11 Option B v1
2.2.12	Sheet 12 Option B v1
2.2.13	Sheet 13 Option B v1

The Works Plans listed below—

Table 13

Application Document No. (1)	Document Description (2)
2.3.0	Overall Location Plan and Master Key Plan Option B v0
2.3.1	Sheet 1 Option B v0
2.3.2	Sheet 2 Option B v0
2.3.3	Sheet 3 Option B v0
2.3.4	Sheet 4 Option B v0
2.3.5	Sheet 5 Option B v0
2.3.6	Sheet 6 Option B v0
2.3.7	Sheet 7 Option B v0
2.3.8	Sheet 8 Option B v0
2.3.9	Sheet 9 Option B v0
2.3.10	Sheet 10 Option B v0
2.3.11	Sheet 11 Option B v0
2.3.12	Sheet 12 Option B v0
2.3.13	Sheet 13 Option B v0

The Access and Rights of Way Plans listed below—

Table 14

Application Document No. (1)	Document Description (2)
2.4.0	Overall Location Plan and Master Key Plan Option B v0
2.4.1	Sheet 1 Option B v0
2.4.2	Sheet 2 Option B v0
2.4.3	Sheet 3 Option B v0
2.4.4	Sheet 4 Option B v0
2.4.5	Sheet 5 Option B v0
2.4.6	Sheet 6 Option B v0
2.4.7	Sheet 7 Option B v0
2.4.8	Sheet 8 Option B v0
2.4.9	Sheet 9 Option B v0
2.4.10	Sheet 10 Option B v0
2.4.11	Sheet 11 Option B v0
2.4.12	Sheet 12 Option B v0
2.4.13	Sheet 13 Option B v0

The Crown Land Plans listed below—

Table 15

Application Document No. (1)	Document Description (2)
2.5.0	Overall Location Plan and Master Key Plan Option B v0
2.5.1	Sheet 1 Option B v0
2.5.2	Sheet 2 Option B v0
2.5.3	Sheet 3 Option B v0

The additional documents listed below—

Table 16

Application Document No. (1)	Document Description (2)
6.18 — 6.18D 6.18C 6.18E	Construction Environmental Management Plan (version 4), including— Outline ecological management plan (version 3) Outline hedgerow management plan (version 4) Outline traffic management plan (version 2)
6.20.6	Outline landscape management plan (version 2)
7.1-7.2	Design and Construction Report (version 1)
6.1-6.30	Environmental Statement
—	Letter provided by the Crown Estate Commissioners with regard to section 135 of the 2008 Act dated 27th July 2016

(1)

S.I. 1995/418, amended so far as relevant by S.I. 2014/592 (W. 69) and 2016/29 (W. 11).

(2)

S.I. 2014/2441.

(3)

1973 (c.26).

(4)

2003 c. 21.

(5)

See section 106.

(6)

1984 c. 12.

(7)

1991 c. 56.

(8)

1991 c. 59.